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Relation Between Burglary And Differential Association Theory

857 words - 4 pages

This paper will provide an explanation into how differential association theory explains the crime of burglary, more specifically residential burglary. Burglary, according to the Federal Bureau of Investigations (F.B.I), is considered a property crime that is listed as a Type 1 Index Crime because of its potentially violent nature. The F.B.I. breaks burglary down into three sub classifications that will be discussed later in this paper. This paper will discuss the elements needed for a crime to be considered burglary and what is deemed to be a structure or dwelling. It will discuss a brief history of the deviance, trends and rates, and how it correlates to the specific theory that this paper ...view middle of the document...

A good illustration of this is mentioned in detail in Lawrence Friedman’s Book, “Crime and Punishment in American History.” Friedman notes a case in North Carolina in 1849 involving a slave and his slave master, James McNatt. Friedman tells us that the slave had run to his master’s house and falsely informed him that his mother’s plantation was on fire. McNatt took off down the road and left his wife, child, and young servant girl in the house with the door unlocked. The slave waited a few minutes and went in and demanded money and threatened the wife. When the slave was caught, he was charged and convicted of burglary but the appellate court overturned the ruling saying that the act of breaking never occurred. This particular case marked the significant distinction in the law.
Modern day society’s definition of burglary is quite different than the one under common law, although both include entry into a structure or dwelling. The Federal Bureau of Investigations defines burglary for our purpose; burglary is the unlawful entry of a structure to commit a felony or theft. However, the use of force to gain entry is not required. Burglary is broken down into three sub classifications under the U.C.R. (Uniformed Crime Reports); forcible entry, unlawful entry, where no force is used, and attempted forcible entry. There have been more modern changes to the law to encompass all forms of attempted and unlawful entry (entry by trick or coercion, concealment,...

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