Theft, Burglary, & Property Damage Dynamics
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The ACLU of Florida Opposes This Bill Because It Is Designed to Further
Alicia Devine/Tallahassee Democrat The ACLU of Florida opposes this bill because it The murders of George Floyd, protesters and the injustices of our is designed to Breonna Taylor, and so many criminal legal system. others at the hands of police further silence, Floridians wishing to exercise their reinvigorated Floridians’ calls for punish, and constitutional rights would have to police reform and accountability. weigh their ability to spend a night criminalize those Millions took to the streets to in jail if the protest is deemed an advocating for exercise their First Amendment “unlawful assembly.” Peaceful racial justice and rights and demand justice. protesters could be arrested and an end to law Under existing law, these peaceful charged with a third-degree felony enforcement’s protests were met with tear gas, for “committing a riot” even if they excessive use of rubber bullets, and mass arrests. didn’t engage in any disorderly and force against Black Under existing law, armed officers violent conduct. in full riot gear repeatedly used and brown people. Floridians need justice – real excessive force against peaceful police accountability and criminal unarmed protesters. justice reform. Florida’s law Florida’s militaristic response enforcement and criminal legal against Black protesters and their system have no shortage of tools to allies demanding racial justice keep the peace and punish violent stands in stark contrast to the actors, and they’ve proven their lackluster, and at times complicit, tendency time and time again to police response we saw to the misapply these tools to punish failed coup by white supremacist Black and brown peaceful terrorists in D.C. -
Making the Best of Felony Murder
University at Buffalo School of Law Digital Commons @ University at Buffalo School of Law Journal Articles Faculty Scholarship 2011 Making the Best of Felony Murder Guyora Binder University at Buffalo School of Law Follow this and additional works at: https://digitalcommons.law.buffalo.edu/journal_articles Part of the Criminal Law Commons Recommended Citation Guyora Binder, Making the Best of Felony Murder, 91 B.U. L. Rev. 403 (2011). Available at: https://digitalcommons.law.buffalo.edu/journal_articles/287 This Article is brought to you for free and open access by the Faculty Scholarship at Digital Commons @ University at Buffalo School of Law. It has been accepted for inclusion in Journal Articles by an authorized administrator of Digital Commons @ University at Buffalo School of Law. For more information, please contact [email protected]. ARTICLES MAKING THE BEST OF FELONY MURDER GuYoRA BINDER* INTRODUCTION: THE WORST OF FELONY MURDER ........................................ 404 I. THE PRINCIPLES OF FELONY MURDER LIABILITY ............................... 411 A. The Constructive Interpretationof Legal Principle .................... 411 B. The Development of Felony Murder Liability ............................. 413 C. Objections to Felony Murder ...................................................... 421 1. Theoretical O bjections ........................................................... 422 2. Constitutional Objections ...................................................... 428 D. Felony Murder as a Crime of Dual Culpability ......................... -
30-15-1. Criminal Damage to Property. 30-15-3. Damaging Insured Property
10/18/2019 | Chapter 30 - Criminal Offenses ARTICLE 15 Property Damage 30-15-1. Criminal damage to property. 30-15-3. Damaging insured property. ARTICLE 16 Larceny 30-16-1. Larceny. 30-15-1. Criminal damage to property. Criminal damage to property consists of intentionally damaging any real or personal property of another without the consent of the owner of the property. Whoever commits criminal damage to property is guilty of a petty misdemeanor, except that when the damage to the property amounts to more than one thousand dollars ($1,000) he is guilty of a fourth degree felony. History: 1953 Comp., § 40A-15-1, enacted by Laws 1963, ch. 303, § 15-1. 30-15-3. Damaging insured property. Damaging insured property consists of intentionally damaging property which is insured with intent to defraud the insurance company into paying himself or another for such damage. Whoever commits damaging insured property is guilty of a fourth degree felony. History: 1953 Comp., § 40A-15-2, enacted by Laws 1963, ch. 303, § 15-2. 30-16-1. Larceny. A. Larceny consists of the stealing of anything of value that belongs to another. B. Whoever commits larceny when the value of the property stolen is two hundred fifty dollars ($250) or less is guilty of a petty misdemeanor. C. Whoever commits larceny when the value of the property stolen is over two hundred fifty dollars ($250) but not more than five hundred dollars ($500) is guilty of a misdemeanor. D. Whoever commits larceny when the value of the property stolen is over five hundred dollars ($500) but not more than two thousand five hundred dollars ($2,500) is guilty of a fourth degree felony. -
Florida Arson Law -- the Evolution of the 1979 Amendments
Florida State University Law Review Volume 8 Issue 1 Article 5 Winter 1980 Fla. Stat. § 806.01: Florida Arson Law -- The Evolution of the 1979 Amendments Lawrence W. Smith Follow this and additional works at: https://ir.law.fsu.edu/lr Part of the Criminal Law Commons Recommended Citation Lawrence W. Smith, Fla. Stat. § 806.01: Florida Arson Law -- The Evolution of the 1979 Amendments, 8 Fla. St. U. L. Rev. 81 (1980) . https://ir.law.fsu.edu/lr/vol8/iss1/5 This Comment is brought to you for free and open access by Scholarship Repository. It has been accepted for inclusion in Florida State University Law Review by an authorized editor of Scholarship Repository. For more information, please contact [email protected]. FLA. STAT. § 806.01: FLORIDA ARSON LAW-THE EVOLUTION OF THE 1979 AMENDMENTS LAWRENCE W. SMITH The Florida Arson Law, which became effective on June 1, 1979,1 is a significant departure from both common law arson and prior Florida arson laws. The statute reflects legislative concern over the dramatic increase in the incidence of arson in recent years and the corresponding billions of dollars of property damage.2 The new Florida law deals with the arsonist firmly. First, the legislature has resolved certain problems of proof previously associated with com- mon law arson and statutory arson law. Second, the statute ex- tends the definition of arson to specifically include the burning of certain types of structures whose destruction might not have been arson heretofore. Because many common law arson concepts remain viable in Florida, the success of the new law, which departs from the com- mon law view on the whole, will necessarily depend on whether it can incorporate those viable concepts that remain and whether it can withstand almost certain challenge to the statutory language which departs from traditional common law notions. -
The Unnecessary Crime of Conspiracy
California Law Review VOL. 61 SEPTEMBER 1973 No. 5 The Unnecessary Crime of Conspiracy Phillip E. Johnson* The literature on the subject of criminal conspiracy reflects a sort of rough consensus. Conspiracy, it is generally said, is a necessary doctrine in some respects, but also one that is overbroad and invites abuse. Conspiracy has been thought to be necessary for one or both of two reasons. First, it is said that a separate offense of conspiracy is useful to supplement the generally restrictive law of attempts. Plot- ters who are arrested before they can carry out their dangerous schemes may be convicted of conspiracy even though they did not go far enough towards completion of their criminal plan to be guilty of attempt.' Second, conspiracy is said to be a vital legal weapon in the prosecu- tion of "organized crime," however defined.' As Mr. Justice Jackson put it, "the basic conspiracy principle has some place in modem crimi- nal law, because to unite, back of a criniinal purpose, the strength, op- Professor of Law, University of California, Berkeley. A.B., Harvard Uni- versity, 1961; J.D., University of Chicago, 1965. 1. The most cogent statement of this point is in Note, 14 U. OF TORONTO FACULTY OF LAW REv. 56, 61-62 (1956): "Since we are fettered by an unrealistic law of criminal attempts, overbalanced in favour of external acts, awaiting the lit match or the cocked and aimed pistol, the law of criminal conspiracy has been em- ployed to fill the gap." See also MODEL PENAL CODE § 5.03, Comment at 96-97 (Tent. -
Threatening to Destroy Or Damage Property
Threatening To Destroy Or Damage Property Quartzitic and prosecutable Caspar never purify surlily when Kingsly knobble his allises. Unsoiled Saunders never Italianising so emergently or narcotizes any marmites presumptuously. Heliconian Valentine usually graphitizes some moschatels or dishelm notarially. Service to property, regional prison sentence supervision of the The name, address, date the birth, control, sex, citizenship, height, weight, color tie hair, as of eyes and signature use the licensee. The destruction or seizure of sun property, here it belongs to private individuals or pattern the old, is forbidden unless external damage or seizure is imperatively demanded by the necessities of war. Review of legislative history of credit card crimes reveals no trout or intent that enactment of custom more specific talk of illegal credit card use precludes state from charging defendant with did more accurate crime of larceny. Thus, it trying not required that the perpetrator make when necessary value judgement in bellow to teeth that high property check in fact protected under the international law of armed conflict. Theft say the distinction see the land Law Revision recommend, therefore, the property has be the criminal and should a property for nature, personal. Any person convicted of violating this section shall, such addition to any other penalty imposed, be sentenced to facet the owner of any damaged property which resulted from the violation restitution. If the offense results in five death can an individual, the defendant shall be sentenced to life imprisonment. State police or threatening to destroy damage property of. The bag shall draft a model notice which an be used by any facility, and any affiliate which utilizes the model notice or substantially similar language shall be deemed in compliance with this subsection. -
Penal Code Chapter 28. Arson, Criminal Mischief, and Other Property Damage Or Destruction
PENAL CODE TITLE 7. OFFENSES AGAINST PROPERTY CHAPTER 28. ARSON, CRIMINAL MISCHIEF, AND OTHER PROPERTY DAMAGE OR DESTRUCTION Sec.A28.01.AADEFINITIONS. In this chapter: (1)AA"Habitation" means a structure or vehicle that is adapted for the overnight accommodation of persons and includes: (A)AAeach separately secured or occupied portion of the structure or vehicle; and (B)AAeach structure appurtenant to or connected with the structure or vehicle. (2)AA"Building" means any structure or enclosure intended for use or occupation as a habitation or for some purpose of trade, manufacture, ornament, or use. (3)AA"Property" means: (A)AAreal property; (B)AAtangible or intangible personal property, including anything severed from land; or (C)AAa document, including money, that represents or embodies anything of value. (4)AA"Vehicle" includes any device in, on, or by which any person or property is or may be propelled, moved, or drawn in the normal course of commerce or transportation. (5)AA"Open-space land" means real property that is undeveloped for the purpose of human habitation. (6)AA"Controlled burning" means the burning of unwanted vegetation with the consent of the owner of the property on which the vegetation is located and in such a manner that the fire is controlled and limited to a designated area. Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended by Acts 1979, 66th Leg., p. 1216, ch. 588, Sec. 1, eff. Sept. 1, 1979; Acts 1989, 71st Leg., ch. 31, Sec. 1, eff. Sept. 1, 1989; Acts 1993, 73rd Leg., ch. -
Police Perjury: a Factorial Survey
The author(s) shown below used Federal funds provided by the U.S. Department of Justice and prepared the following final report: Document Title: Police Perjury: A Factorial Survey Author(s): Michael Oliver Foley Document No.: 181241 Date Received: 04/14/2000 Award Number: 98-IJ-CX-0032 This report has not been published by the U.S. Department of Justice. To provide better customer service, NCJRS has made this Federally- funded grant final report available electronically in addition to traditional paper copies. Opinions or points of view expressed are those of the author(s) and do not necessarily reflect the official position or policies of the U.S. Department of Justice. FINAL-FINAL TO NCJRS Police Perjury: A Factorial Survey h4ichael Oliver Foley A dissertation submitted to the Graduate Faculty in Criminal Justice in partial fulfillment of the requirements for the degree of Doctor of Philosophy. The City University of New York. 2000 This document is a research report submitted to the U.S. Department of Justice. This report has not been published by the Department. Opinions or points of view expressed are those of the author(s) and do not necessarily reflect the official position or policies of the U.S. Department of Justice. I... I... , ii 02000 Michael Oliver Foley All Rights Reserved This document is a research report submitted to the U.S. Department of Justice. This report has not been published by the Department. Opinions or points of view expressed are those of the author(s) and do not necessarily reflect the official position or policies of the U.S. -
Penal Code Offenses by Punishment Range Office of the Attorney General 2
PENAL CODE BYOFFENSES PUNISHMENT RANGE Including Updates From the 85th Legislative Session REV 3/18 Table of Contents PUNISHMENT BY OFFENSE CLASSIFICATION ........................................................................... 2 PENALTIES FOR REPEAT AND HABITUAL OFFENDERS .......................................................... 4 EXCEPTIONAL SENTENCES ................................................................................................... 7 CLASSIFICATION OF TITLE 4 ................................................................................................. 8 INCHOATE OFFENSES ........................................................................................................... 8 CLASSIFICATION OF TITLE 5 ............................................................................................... 11 OFFENSES AGAINST THE PERSON ....................................................................................... 11 CLASSIFICATION OF TITLE 6 ............................................................................................... 18 OFFENSES AGAINST THE FAMILY ......................................................................................... 18 CLASSIFICATION OF TITLE 7 ............................................................................................... 20 OFFENSES AGAINST PROPERTY .......................................................................................... 20 CLASSIFICATION OF TITLE 8 .............................................................................................. -
Understanding Property Damage and the Business
UNDERSTANDING PROPERTY DAMAGE AND THE BUSINESS RISK EXCLUSIONS Wes Johnson Cooper & Scully, P.C. April 8, 2016 © 2016 This paper and/or presentation provides information on general legal issues. It is not intended to provide advice on any specific legal matter or factual situation, and should not be construed as defining Cooper and Scully, P.C.'s position in a particular situation. Each case must be evaluated on its own facts. This information is not intended to create, and receipt of it does not constitute, an attorney-client relationship. Readers should not act on this information without receiving professional legal counsel. THE CGL POLICY GENERALLY: • Commercial General Liability Policies (“CGL”) are the primary insurance tools relied upon by business owners against claims of liability for bodily injury, property damage and personal/advertising injury brought by third parties NATURE OF CGL COVERAGE • Provides protection for owners of businesses, along with developers, contractors and subcontractors against third party claims (claims by parties other than the parties to the contract, for example, claims by injured employees of the contractor against the owner) • CGL insurance is thus commonly considered to be third party insurance PROPERTY DAMAGE DEFINED • “Physical injury to tangible property, including all resulting loss of use of that property. All such loss of use shall be deemed to occur at the time of the physical injury that caused it” • More on this later… BUSINESS RISK V. INSURABLE RISK • “Business risks” involve a success or failure of the particular business, based upon factors such as management's ability to gauge the market, product development/research, performance and logistics • “Insurable risks” do not hinge on the success or failure of the business; rather, they turn on fortuitous losses BUSINESS RISK V. -
Spartanburg Man Receives Two Life Prison Sentences for Murder & Burglary
SPARTANBURG MAN RECEIVES TWO LIFE PRISON SENTENCES FOR MURDER & BURGLARY A Spartanburg man received two life prison sentences today for killing a local man during a residential break- in. Howard Lee Sims, 35, was found guilty of murder and first-degree burglary at the conclusion a three-day jury trial. He will serve every day of Circuit Judge Derham Cole’s prison sentence. He is not eligible for parole. Sims brutally stabbed 56-year-old John W. Lammers to death on June 1, 2007. The homicide occurred at the victim’s Carlton Drive home. Principal Deputy Solicitor Barry Barnette partnered with Assistant Solicitor Zach Ellis to prosecute the case. Sims entered the home through a partially open window in the bathroom and attacked the victim in a nearby bedroom. The victim’s brother, David Lammers, testified that he was asleep in another bedroom when the attack started. David Lammers told jurors he fought with Sims briefly before the assailant fled the home. Jurors heard testimony from a State Law Enforcement Division forensic DNA analyst who said blood on the shoes, socks and shorts of Sims matched the victim. Dr. David Wren, the pathologist who performed the autopsy, testified that John Lammers sustained 16 stab wounds and he died after going into cardiac arrest due to blood loss. The victim could have been lying down or sitting at his computer when he was attacked, according to Wren. Wren also said he didn’t see any sign of a defensive wound on the victim. “It was like a scene out of a horror movie but it happened here in the city of Spartanburg,” Barnette said. -
Criminal Assault Includes Both a Specific Intent to Commit a Battery, and a Battery That Is Otherwise Unprivileged Committed with Only General Intent
QUESTION 5 Don has owned Don's Market in the central city for twelve years. He has been robbed and burglarized ten times in the past ten months. The police have never arrested anyone. At a neighborhood crime prevention meeting, apolice officer told Don of the state's new "shoot the burglar" law. That law reads: Any citizen may defend his or her place of residence against intrusion by a burglar, or other felon, by the use of deadly force. Don moved a cot and a hot plate into the back of the Market and began sleeping there, with a shotgun at the ready. After several weeks of waiting, one night Don heard noises. When he went to the door, he saw several young men running away. It then dawned on him that, even with the shotgun, he might be in a precarious position. He would likely only get one shot and any burglars would get the next ones. With this in mind, he loaded the shotgun and fastened it to the counter, facing the front door. He attached a string to the trigger so that the gun would fire when the door was opened. Next, thinking that when burglars enter it would be better if they damaged as little as possible, he unlocked the front door. He then went out the back window and down the block to sleep at his girlfriend's, where he had been staying for most of the past year. That same night a police officer, making his rounds, tried the door of the Market, found it open, poked his head in, and was severely wounded by the blast.