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Every crime may be classified according to specific features well-defined by the law. According to the FBI’s Uniform Crime Reporting (UCR) Program, burglary is “the unlawful entry of a structure to commit a felony or theft” (FBI: UCR, 2018, para. 1). It may be subclassified as forcible entry, attempted forcible entry, and entry with no force used. At the same time, the use of force or violence to gain entry is not necessary (FBI: UCR, 2018). However, in contrast with a robbery that presupposes the involvement of a victim, burglary has a structure as its irreplaceable element that may include an apartment, house trailer, barn, houseboat or another vessel, office, stable, or railroad car.
Therefore, based on this definition, it is possible to conclude that in the case of Dwayne, burglary has occurred. First of all, the man entered a private home that does not belong to him with no force used – even if the front door was open, he did not have a right to do this. In addition, he has an intention to steal foods – in other words, he came to commit theft. Even if the value of stolen products is insignificant, it will affect punishment but not the crime’s classification.
However, in the case of Belinda, her actions cannot be defined as burglary. Although she sneaked through the basement window in the residence where Jimmy lives, this residence is marital. In other words, it was purchased within marriage and belonged to Belinda as well till the divorce – she did not unlawfully enter someone’s private home. However, if she had the intention to kill two persons, her actions may be classified as an attempted assassination.
Reference
FBI: UCR. (2018). Burglary. Web.
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