Crimes Against Property

Crimes against property includes crimes such as larceny, theft, burglary, vehicle theft, vandalism, shoplifting and arson. Crimes against property doesn’t involve any force or even a threat of force against someone. Crimes of property specifically involve the taking of property or money. Some people believe robbery  is a property crime as it is the taking of property however it is actually considered a violent crime considering the threat of force or actual force on a person. Burglary on the other hand, is considered a crime against property as usually the property is unoccupied.

Brief Historical Background

Crimes against a person’s property has been a concern throughout history in the United States. While criminal law’s primary goal is to maintain social order as well as protect the state’s authority, criminal law is very important to protect personal property while creating a good environment for the economic activity of society. Dating back to 1473 in England, one can trace the right to protect personal property. The crime of larceny is one of the oldest crimes in the category of crimes against property. Throughout history courts all over the world has recognized the significance of one’s right to protect property.

Throughout the end of the eighteenth century and the beginning of the nineteenth century, there were major changes in crimes against property. One of the main reasons for this was concerning highway robbery. Roads became less isolated as more people traveled the roads and patrols were becoming increasingly more common. Controlling crimes against property has focused on deterrence and punishment, with imprisonment serving to incapacitate the offenders for some time so that they cannot re-offend.

Precedent Setting Cases

In the landmark case of Gideon versus Wainwright, a drifter was accused of felony theft in Florida in the 1950s. At Gideon’s trial, he was convicted as charged but claimed it was largely due to the fact that he represented himself.

Court appointed lawyers were only available to those charged with capital offenses. The case went to the Supreme Court of the United States which ruled that lawyers must be provided to those who cannot afford one on their own. This ruling had a significant impact on the state of Florida which had been denying free counsel to a convicted felon. Almost 2000 convicts were freed in Florida alone because of this decision – the state just released the felons instead of spending the time and money to re-try them.

In the landmark case of Tennessee versus Garner from 1985, two law officers responded to a burglary call. One of the burglary suspects was caught fleeing from the scene and one of the officers shot him as he was climbing over a fence. Tennessee law at that time said that police could use whatever force necessary to stop him from fleeing and arrest him. Garner’s father brought a lawsuit which went to the United States Supreme Court. The ruling was that an officer may use deadly force to prevent escape only if there is probable cause that the suspect poses serious physical threat or significant threat of death to the officer or to other people.

Defenses

There are many defenses available for the crimes against property. The defense depends on the circumstances involving the charges as well as the nature of the case. The laws that exist in the state where the crime occurred can also affect what defense is most suitable.Some common defenses include: necessity, coercion and mistake. Necessity is used in situations where the destruction of some kind of property is necessary under an emergency situation. One common example is breaking a window during a fire. Coercion is a defense that can be used if the accused stole or damaged property by force or under threat of injury, death or harm. The defense of mistake could be used if the property in question was mistakenly thought to be yours. This defense can be used as if you mistakenly steal or destroy an article, there is no criminal intent.