Retrieved from https://studentshare.org/law/1452291-crimes-against-property
https://studentshare.org/law/1452291-crimes-against-property.
Crime Against Property Shoplifting Shoplifting is a serious threat to businesses. Everyday cases of shoplifting are reported worldwide, which cost billions of dollars annually. Shoplifting is defined as taking anything without paying, concealing things, manipulating merchandise by changing price tags, removing or changing shopping cart, committing refund fraud, using illegitimate form of payment, assisting other person in stealing merchandise. Furthermore, even if shoplifting has not been carried out, the intention of shoplifting is enough to charge a person of this crime.
Generally, if the goods stolen are worth between $200 and $500, then it is considered as a petty theft, larceny or a misdemeanor of first degree. However, if the goods are worth more than $500, then it is considered as a felony, grand theft or grand larceny. (Magee; Shoplifting and the Law; Waters) The charges placed on the felon, depends on state to state. Every state has different jurisdiction and different policies. Also, it depends on whether the felony or larceny was committed for the first time, how much worth of goods was stolen and the history of retail theft of the felon.
Based on facts, the shoplifter is charged and the money is given to store under consideration. In some states, first time offenders are given a chance by giving them the opportunity to do community service in lieu of any stricter punishment. However, it depends on the degree of crime. (Magee; Shoplifting and the Law; Waters) Opportunity is usually given to juveniles or offenders who have committed petty theft. In order to reduce the rate of shoplifting, strict antitheft policies should be made and should be publicized among customers and employees to discourage them from shoplifting.
Also, security guards should be hired and trained to keep an eye on customers entering and exiting the store for any suspicion. Moreover, CCTV cameras and electronic article surveillance tags should be used to prevent shoplifting. Furthermore, software should be used to detect any point of sale errors and fraud done by employees. Also, the hiring procedure should be tougher and reference checks should be conducted to reduce shoplifting problem by employees. (Magee; Shoplifting and the Law; Waters) Home Invasion Home invasion means when robbers enter the occupied home forcefully and evades the privacy of the sanctuary.
Home invasion can be done for the purpose of burglary or any other crime. Due to the concern and outrage of people, home invasion is now considered as a separate crime. However, in many US states it is still not considered as a separate crime and is considered under burglary or robbery. Conversely, in other states, such as New Hampshire, death penalty law is passed against brutal home invasion. Furthermore, in other states such as Michigan, Connecticut, Illinois, Florida, Louisiana, Las Vegas, and Nevada, home invasion is considered as a separate crime.
In most of the states, breaking and entering while the residents are still at home is considered as home invasion and punishment is given according to first, second and third degree. ( A Review of State Home Invasion Laws in the US, 2011; Hurley; McGoey) Burglary It is defined as entering without permission in a structure with an intention to commit a crime. The structure can be a house, a building, boat, mobile house or car. The elements of burglary are trespassing, breaking and entering. However, burglary is not limited to forcefully entering homes it is considered burglary when the robber trespasses occupied or unoccupied property of other person and then steals from it.
However, the intention is sufficient enough to charge the person for crime. (Burglary Law; Burglary Law and Legal Definition) In modern times, burglary is considered as breaking and entering occupied or unoccupied dwellings. However, it is simultaneously used with home invasion as well in some states. Burglary is breaking and entering the house and causing damage, stealing, and/or assaulting the owners. (Burglary Law; Burglary Law and Legal Definition) Cybercrime Cybercrimes as the name suggests are related to the crimes on the internet.
These crimes are regulated by the US federal and international laws. These crimes can be conducted through computer network and device. This crime includes identity theft, phishing, pharming scams, corporate espionage, pornography, cyber terrorism, and embezzlement. According to the law, to be convicted of cybercrime, the felon must have the intention to willingly and purposely access the computer data to steal data or password, change or destroy information, and tamper hardware or software. It is not a crime if unintentionally information is deleted or any other mishap has occurred.
Most states define cybercrime based on the damage incurred by the victim and it depends on the law in each state. ABA, committee on cyberspace law provides a platform to analyze internet and computer related crimes in corporate and transactional issues. Similarly, FBI also conducts cyber investigation to prevent serious intrusions. Moreover, there are different committees and organizations worldwide to prevent cyber crimes. (Computer Crimes Law Firm) References A Review of State Home Invasion Laws in the US.
(2011, July 11). Retrieved from Home Invasion News: http://www.homeinvasionnews.com/a-review-of-home-invasion-laws-in-the-u-s/ Burglary Law. (n.d.). Retrieved from HG.org Global Legal Resources: http://www.hg.org/burglary.html Burglary Law and Legal Definition. (n.d.). Retrieved from US legal: http://definitions.uslegal.com/b/burglary/ Computer Crimes Law Firm. (n.d.). Retrieved from HG.org Global Legal Resources: http://www.hg.org/cyber-space.html Hurley, J. T. (n.d.). Violent Crime Hits Home: Home Invasion Robbery.
Retrieved from http://findarticles.com/p/articles/mi_m2194/is_n6_v64/ai_17312586/ Magee. (n.d.). Soplifting Law and legal definition. Retrieved from US legal: http://definitions.uslegal.com/s/shoplifting/ McGoey, C. E. (n.d.). Home Invasion Robbery. Retrieved from http://www.crimedoctor.com/homeinvasion.htm Shoplifting and the Law. (n.d.). Retrieved from National Self help and support center: http://www.shopliftingprevention.org/shoplifting-laws/shoplifting-laws.html Waters, S. (n.d.). Shoplifting Policies and Procedures.
Retrieved from Retailing: http://retail.about.com/od/lossprevention/qt/policy_shoplift.htm
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