Burglary refers to unlawful entry into a building or any structure with the intent of committing a crime inside, especially theft. In a burglary, access is usually illegal, with the primary intention of committing a felony or stealing (Ingram, 2019). In a burglary, no physical entry or breaking is required; the offender may trespass through the open door. The main difference between robbery and burglary is that theft involves fear or force to obtain the property belonging to another person. Still, there is no victim present for the case of burglary; therefore, there is no need for fear or force (Zhou et al., 2019). This essay will discuss whether case studies constitute a burglary or not. The first case involving Dwayne entering an open door private home to steal a peanut can be regarded as burglary. Dwayne's action is burglary because he does not apply any force to get into the private home. Another evidence that Dwayne intends to burglary is that Dwayne enters the building with an intent to steal; it implies that Dwayne has not decided whether he will steal. His decision still is likely to depend on whether somebody is inside the building or not. In the second scenario, Belinda sneaks through the basement windows to stab Jimmy, her husband. In this case, Belinda waits until after dark before sneaking in to stab his husband and the new girlfriend. Belinda's issue can be regarded as a burglary because she enters the house with the intent of committing a felony'; stabbing Jimmy and his new girlfriend. Belinda is just having the intention of stabbing the two, but she might not do it if she is caught before committing the crime.
Reference
Ingram, A. (2019). That's Not a Burglary! Classic Crimes and Current Codes. Houston Law Review , 58 (5).
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Zhou, H., Liu, L., Lan, M., Yang, B., & Wang, Z. (2019). Assessing the impact of nightlight gradients on street robbery and burglary in Cincinnati of Ohio state, USA. Remote Sensing , 11 (17), 1958.