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It is coincidental that you should point out the distinctions between burglary and larceny, wow, since I've recently been thinking about the migration of meanings among various classes of crime and how they occur. I would add to your burglary/larceny/theft discussion the term "robbery". And because I know that you all are endlessly fascinated:
Burglary: per the old common law, the breaking and entering another's dwelling at night with the intent to commit a felony; per modern usage, breaking and entering any building with the intent to commit a felony
Larceny: the unlawful taking and carrying away of someone else's personal property with the intent to deprive the possessor of it permanently
Robbery: the illegal taking of property from the person of another, or in the person's presence, by violence or intimidation
Theft: the felonious taking and removing of another's personal property with the intent of depriving the true owner of it; broadly, it includes any instance of stealing, including larceny, burglary, embezzlement and false pretenses.
Now, what I've been contemplating specifically is the use and misuse of "assault."
Assault: the threat of use of force on another which causes that person to have a reasonable apprehension of imminent harmful or offensive contact
Assault means a threat of use of force, but is often used to indicate an application of force. The actual (hi tsuwm!) application of force is "battery."
Battery: the application of force to another, resulting in harmful or offensive contact
Often, of course, the two offenses occur together (first the threat, then the fulfillment of the threat), and so people are used to hearing the offenses paired, but a charge of "assault and battery" reflects two crimes, not one. But I think that the real source of confusion between assault and battery arises from the practice of the media (and police?) to term a rape an "assault." This practice apparently arose from a social aversion to acknowledging the existence of the crime of rape - it just wasn't fit for public discussion, and so rapes came to be reported with the euphemism "assault." Now, people think that an assault encompasses a physical attack rather than the threat of attack. And now, Webster’s first three definitions of "assault" are (1) a sudden violent attack, (2) an unlawful physical attack, and (3) rape.
Entire Thread Subject Posted By Posted Alarms Bean 04/30/01 11:03 AM Re: Alarms wwh 04/30/01 12:58 PM Re: Alarms Geoff 04/30/01 01:07 PM Re: Alarms Jackie 04/30/01 01:22 PM Re: Alarms Bean 04/30/01 02:29 PM Re: Alarms Anonymous 04/30/01 02:37 PM Re: Alarms rodward 04/30/01 03:08 PM Re: Alarms of troy 04/30/01 03:18 PM Re: Alarms rodward 04/30/01 03:37 PM Re: Alarms Hyla 04/30/01 03:19 PM Re: Alarms rodward 04/30/01 03:30 PM Re: Alarms wwh 04/30/01 07:38 PM Re: Alarms wow 05/01/01 07:16 PM Re: Alarms Anonymous 05/01/01 07:44 PM Re: Cop talk wow 05/01/01 08:13 PM Re: Cop talk Sparteye 05/02/01 02:25 PM Re: Cop talk Bobyoungbalt 05/02/01 03:56 PM Re: The Adventure of Charles Augustus Milverton Faldage 05/02/01 04:17 PM Re: Cop talk Bingley 05/03/01 06:49 AM Re: Cop talk Flatlander 05/03/01 05:19 PM Re: Cop talk Bingley 05/07/01 12:09 PM Re: Cop talk of troy 05/07/01 02:32 PM Re: Cop talk wwh 05/07/01 03:49 PM Re: Cop talk Max Quordlepleen 05/07/01 07:02 PM Re: Cop talk of troy 05/07/01 07:29 PM Re: Cop talk Max Quordlepleen 05/07/01 11:58 PM Re: Cop talk rodward 05/08/01 08:57 AM Re: Cop talk Bingley 05/08/01 10:29 AM Re: Cop talk Max Quordlepleen 05/08/01 07:54 PM Re: Cop talk Capital Kiwi 05/09/01 09:32 AM Re: Alarms AnnaStrophic 05/03/01 09:16 PM Burgling Bean 04/30/01 05:26 PM Re: Alarms wwh 04/30/01 03:34 PM Re: Alarms Anonymous 04/30/01 03:38 PM Re: Alarms Geoff 05/08/01 12:16 PM Re: Alarms wsieber 05/07/01 02:14 PM Re: Alarms Bean 05/07/01 05:42 PM Re: Alarms : Off and On wow 04/30/01 01:36 PM Re: Alarms belMarduk 04/30/01 07:10 PM
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