Violent and property crime declined in the US in 2017-2018. According to the FBI’s preliminary report (2019), violent crimes reduced by 4.3% and property crime reduced by 7.2% in the first half of 2018 (FBI, 2019). The crime rate in America has been on a steady decline since the 1990s, even though there is temporary upsurges in violent and property crime in some years.
Statutes for the two crimes in Massachusetts and the differences
The crime of robbery is classified as Part 1 property crime because it involves the use of violence directed towards the victim. Massachusetts’ laws and punishment for robbery vary on the circumstances for each offense, such as the extent of violence, the age of the victim, and the weapon used. The presence of a weapon elevates the crime. The punishment is also higher if the victim of the crime is over 60 years (Crum et al., 2017). Statutes for robbery are contained in Massachusetts General Laws Chapter 265, Section 17, 18, and 19. Section 17 focuses on armed robbery involving a dangerous weapon. The offense attracts a penalty of 5 years for the first offense and a mandatory minimum sentence of 15 years for the second and subsequent offenses. Unarmed robbery attracts punishment ranging from several months to life imprisonment ( Farrell & Zimmerman, 2018) . When the victim is over 60, the perpetrator of unarmed or armed robbery will attract any term of years up to life imprisonment. Second or subsequent crime attracts a minimum of two years of the mandatory sentence.
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In Massachusetts, one is found guilty of armed robbery when there is a presence of a dangerous weapon used to assault another person. The prosecution must prove that the accused took something from the victim that is subject to larceny. The use of a dangerous weapon makes the crime of armed robbery a severe crime (Kopp, 2016). Deadly weapons can be knives, guns, explosives of switchblades. Also, dangerous weapons can be instruments that are not necessarily weapons but can cause death or great bodily harm.
Alternatively, Massachusetts law describes disorderly conduct as “disturbance of the peace.” It involves engaging in fighting, threats, violent or excessively noisy behavior, engaging in a lewd speech in behavior in public. Chapter 272 of General Laws, Section 53 described what makes up disorderly conduct in Massachusetts and the punishment it attracts. Section 53 (a) describe prostitutes (common street walkers) as individuals who engage in offensive and disorderly conduct such as lewd actions and speech shall be punished by imprisonment of not more than six months or a fine, not more than $200. Disorderly individuals or disturbers of peace for the first time shall be fined not more than $150 (Crum et al., 2017). For the second or subsequent offense, the person will attract a sentence of not more than six months or a fine of $200 or both.
The difference in the punishment and sentencing standards for robbery and disorderly conduct show that these crimes are different. A robbery is a form of violent crime where the victim is either threatened or harmed. A robbery is an extreme form of theft, and it cannot be classified in the same class as disorderly conduct where individuals engage in indecent acts such as prostitution or disturbing peace (Kopp, 2016). Individuals who engage in disorderly conduct do not harm others physically or take or destroy their property, unlike robbers. The use of weapons also adds to the severity in sentencing for robbery (Farrell & Zimmerman, 2018). Most robbers often use weapons such as guns and knives to intimidate or harm the victims and to steal from them. Thus, the difference in sentencing for the two crimes is justified.
References
Crum, K. I., Cornacchio, D., Coxe, S., Greif Green, J., & Comer, J. S. (2017). Conduct problems among Boston-area youth following the 2013 Marathon bombing: The moderating role of prior violent crime exposure. Journal of Clinical Child & Adolescent Psychology , 46 (3), 343-352.
Farrell, C., & Zimmerman, G. M. (2018). Is exposure to violence a persistent risk factor for offending across the life course? Examining the contemporaneous, acute, enduring, and long-term consequences of exposure to violence on property crime, violent offending, and substance use. Journal of Research in Crime and Delinquency , 55 (6), 728-765.
Federal Bureau of Investigation. (2019). Preliminary Semiannual Crime Statistics for 2018 Released. Retrieved from: https://www.fbi.gov/news/stories/2018-preliminary- semiannual-uniform-crime-report-released-022519
Kopp, P. M. (2016). Is burglary a violent crime? An empirical investigation of the Armed Career Criminal Act’s classification of burglary as a violent felony. Criminal Justice Policy Review , 0887403416684594.
