The INFOJUSTICE Journal Breaking the Burglary Ring by Dr. Scott Neff
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BREAKING THE BURGLARY RING PART 2: DEFINING THE CRIME © 

     Prior to becoming an expert Agent or Detective there is much experience, which can only be absorbed through didactic learning such as this.  Although tedious, most Agents wished they had a book to read in lieu of many many years of unfortunate experiences in the trench to learn from.  A sound understanding of the various factors, definitions and relative timing of these types of crimes are essential.  Thus, we will first learn these basic definitions and crimes cycles’ prior studying the essence of bringing the culprits to Justice.

     Various districts of our nation have definitive elements, which define the crimes of breaking and entry, burglary etc.  However, a generalized perspective may be described as the breaking into and entering of a building or structure with the intent to commit a theft or felony.

Clearly the state of California is like a nation albeit the 6th largest economy in the world.  By virtue of the large economy study of the law aids in all states.  Thus, Inclusive for California definitions of Burglary (459 P.C.) follow: 

“Every person who enters any house, etc., with the intention to commit theft or any felon, is guilty of burglary.”  The law further breaks Burglary down into unlawful entry and intent to commit grand or petty larceny.  Further a felony must occur on one of the types of premises described as a personal residence, bank, apartment, room, tent, boat, Gold mine and so forth.  Further a building is defined as “Any structure having four walls and a roof.”

      Attempted burglary (Sec. 664 P.C. covers an attempt) and (459 and 464 P.C. burglary) includes wording such as the entry must be unsuccessful; just short of completion, intent in the act of burglary or a California Definition is to commit theft or some felony or must be one of the types of premises described in Sec. 459 P.C.

     The Degrees of Burglary defined in Section 460 P.C. follow:

 A:  FIRST DEGREE BURGLARY

 

1.     Every burglary of an inhabited dwelling house or building criminated in the nighttime.

2.     Every burglary whether in the nighttime or daytime committed by a person armed with a deadly weapon or who while in the commission of such burglary assaults any person.

B:  SECOND DEGREE BURGARY

           All other kinds of burglary except burglary with explosives, which is an ATF case.

      The punishments for burglary under Section 461 PC are related to:

     a.      First-degree burglary – State Prison for not less             than 5 years.

b.     Second degree burglary – imprisonment in County Jail not exceeding one year, or 1 to 15 years in State Prison.

      Nighttime burglary is defined under Section 463 as night meaning the period of time between sunset and sunrise.

      Burglary with explosives under Section 464 include:

     a.      Any person who with the intent to commit a             crime.

b.     Enters either by day or night any building whether inhabited or

c.     Not, opens or attempts to open any vault, safe or other secure

d.     Place, by use of acetylene torch or electric arc, burning bar, thermal lance, oxygen lance, or any other similar device capable of burning through steel, concrete, or any other substance, or by use of nitroglycerine, dynamite or gunpowder or any other explosive.  The Punishment is 10 to 40 years in the State Prison. 

     The possession of burglar tools under Section 466 are defined as follows:

     a.      Person in possession of a picklock, crow, key             bit or other instruments or tool.

b.     Intent feloniously to break or enter any building.

c.     Punishment: Misdemeanor. INCLUDED OFFENSES OR ASSOCIATED CRIME:  

 

1.     Theft (Defined 484 PC) Degrees of theft (486 PC) are Grand theft (Defined 487 PC) and Petty theft (Defined 488 PC).

2.     Receiving stolen property

Defined under Section 496 PC. 

      Clearly this last section focused on the crime of intrusion with theft and why the intruder poses a real physical threat to his/her victims and to the police.  In order to better understand this crime, next we will focus on the explanation and review various techniques employed by the expert burglar in intrusion, acquisition and escape absent immediate detection.

  

THE EXTENT OF THE PROBLEM

     Theft of intellectual or liquid assets affects all sectors of our nation and everyone’s security.

     Stealth crimes occur when the offender capitalizes on the opportunity to violate the law by operating most often under cover of darkness and usually in the absence of any witnesses or recording devices.  Burglaries accounted for forty-four percent (44%) of all Crime Index offenses.  A burglary occurs about once every thirty-two seconds in the United States according on recent statistics. 

     The failure of the citizen to take adequate precautions to safeguard his/her property added the lack of witnesses or poor lighting makes detection and apprehension of the offenders a difficult task.

 

ISOCHRONAL CRIME

    Successful escape after intrusion and theft, like so many other fraudulent activities, occurs more frequently during certain periods of the year.  The variations in the rate of reported thefts indicate a close, direct relationship between the number of nighttime hours and the frequency of the crime.  Police reports show that thefts increase as the number of daylight hour’s decrease during the fall and winter months, reaching a high point in December (Remember when this examiner presented Solving Cases of Murder Parts 1 and 2 December is the Highest Months for Murder).  The rate decreases, as the days become longer, reaching a low point during the summer months.

      The reported thefts in cities and suburban areas follow this prototypical frequency pattern.  Yet, rural burglaries are reported more frequently during the summer months.  Law enforcement officers from these areas have attributed this deviation from the general trend to several facts.  For example, there is a rural population increase during the summer months especially in resort areas.  Further the summer months bring an increase in the crime.  This is especially true in states with a large farming economy.  During the summer months the number of unattended farmhouses occur due to the fact that the farmers are working their fields or away taking produce to the market.  Finally, many people especially in colder climates have summer homes or cottages. 

     During the early summer months resident’s return to their cabins only to discover that during the long winter, these homes were burglarized.  Thus the late discovery accounts for the late reports, which contributes to not only the number of unsolved burglaries (again due to a delay in discovery) but also the increase in reports of the crimes during the summer months. 

     Today’s burglary poses a far more physical threat to victims or the police officers for that matter as our entire national social mores have drooped from that which is so eloquently described by the constitution as a country under the precepts of God or the Ten Commandments to one which has seen leaders of our nation involved with issues which were simply inconsistent with the American way of life just ten short years ago. 

     It is quite unfortunate but the crime of burglary has been popularized on television or in fiction as masked stealthy individuals who are quick to exit when discovered.  In reality, the burglar is inclusive of all races, creeds, sizes, shapes, ages and nationalities.  They could be highly skilled artisans, a deranged person, a blundering idiot or a destructive or even violent juvenile. 

     The simple thieves of fiction stories are indeed fiction and not fact.  Burglars will and do commit rapes, assaults as well as homicides.  History has taught that the potential for violence is present in every burglary and is relative to the criminal being discovered or not.  Just as any criminal, the burglar wishes to escape detection and if they are discovered, will not hesitate to use a weapon when apprehended. 

     The psychological profile of the burglar as one might imagine is the burglar acts intense and anxious while engaged in such criminal activities.  Their apprehensive state or nervousness can easily be triggered into a blind rage or panic if discovered.  Under these conditions they are considered extremely dangerous. 

     Modern burglars are vigorous criminals from almost any age group.  Records of arrest indicate that three out of every four-burglary arrest made by police or sheriff’s departments were persons under twenty-five years of age.  With petty burglary, the most frequently arrested or caught were fifteen to seventeen years of age. 

     The invasion by other criminal types within the burglary field is attributed to the fact that this is one of the few crimes, which provides a quick burglar, the Professional source cash.  Class A Narcotic addicts such as Heroin, Cocaine especially Crack Cocaine, Speed or methenphedomine will resort to burglary or even assault and burglary to obtain the necessary money to sustain their habit and not go through the feeling of coming down. 

     Burglars are generally classified into group’s types.  Those are the casual or amateur burglar, the Juvenile burglar, the Professional burglar or Cat Burglar.

      Thus to being our understanding of the burglar’s personality profile we will begin with the Casual or Amateur Burglar.  Modern technology has provided the casual or amateur burglar with the ability to be mobile and can travel very far and wide searching for the easy opportunity to steal.  The act of purse snatching for example is often based on the opportunity for success.  The gun or weapon hold-up is relative to the burglars desire and ability to strike quickly and flee the scene.

      Places, which are easy to burglarize or present the least hazard for detection or apprehension, yield this type of criminal the most frequent opportunity.  Even the “amateur burglar must be classified as a serious threat to health and safety.  The are generally armed and will use their weapon if discovered.  This type of burglar generally causes needles damage to property in their efforts to commit the burglary as quickly as possible.  Thus although amateur sounds better, it is their lack of experience which often causes them to be caught in the act and use deadly force in order to flee the scene.   

     Later we will go into death, the wanton destruction of property and vandalism associated with these crimes and as well as finish our present discussion of the personality traits or profiles of the various types of burglars.

“Ignorance of the law excuses no man; not that all can know the law, but because ‘tis an excuse everyone will plead, and no man can tell how to refute him” John Selden 1602

by Dr. Scott David Neff MPS MSOM DC DABCO CFE DACFE FACFE FFABS FFAAJTS 

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Dr. Scott D Neff MPS MSOM DC DABCO CFE DACFE FACFE FFABS FFAAJTS Doctor of Medicine

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