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A home invasion, also called a hot prowl burglary, is a sub-type of burglary (or in some jurisdictions, a separately defined crime) in which an offender unlawfully enters into a building residence while the occupants are inside. [1] The overarching intent of a hot prowl burglary can be theft, robbery, assault, sexual assault, murder, kidnapping, or another crime, either by stealth or direct force. [2] [3] [4] Hot prowl burglaries are considered especially dangerous by law enforcement because of the potential for a violent confrontation between the occupant and the offender. [5]
The first published use of the term "home invasion" recorded in the Oxford English Dictionary is an article in The Washington Post on 1 February 1912, [6] with an article in the Los Angeles Times on 18 March 1925 clearly indicating the modern meaning. [7]
"Home-invasion robberies" were highlighted in June 1995, when the term appeared in the cover story of The FBI Law Enforcement Bulletin in an article written by Police Chief James T. Hurley [8] of the Ft. Lauderdale, Florida, area, later republished on bNet, the online blog posted by Harvard Business School. Hurley posited that, at the time, the crime could be considered an alternative to bank or convenience store robberies, which were becoming more difficult to carry out due to technological advances in security. In the same article, Hurley recommended educating the public about home invasion. [9] Before the term "home invasion" came into use, the term "hot burglary" was often used in the literature. Early references also use "burglary of occupied homes" [10] and "burglar striking an occupied residence." [11]
In 2008 Connecticut Congressman Chris Murphy proposed making home invasion a federal crime in the United States. [12] [13]
Home invasion differs from burglary in that its perpetrators have a violent intent apart from the unlawful entry itself, specific or general, much the same way as aggravated robbery—personally taking from someone by force—is differentiated from mere larceny (theft alone).
In some jurisdictions, there is a defined crime of home invasion; in others, there is no crime defined as home invasion, but events that accompany the invasion are charged as crimes. [2] Where home invasion is defined, the definition and punishments vary by jurisdiction. [14] It is not a legally defined federal offense throughout the United States, but is in several states, such as Georgia, [15] Michigan, [16] Connecticut, [17] Illinois, [18] Florida, [19] Texas, [20] Louisiana, [21] and Nevada. [22] Home invasion laws also have been introduced in the South Carolina [23] General Assembly and in the State of Maryland. [24] On March 15, 2011, a bill making home invasion deaths a capital crime in New Hampshire [25] passed the New Hampshire House without debate.
Many U.S. states (particularly those that endorse the castle doctrine) include defending oneself against forcible entry of one's home as part of their definition of justifiable homicide without any obligation to retreat. [26]
Home invasion as such is not defined as a crime in most countries other than the US, [27] with offenders being charged according to the actual crimes committed once inside the building, such as armed robbery, rape or murder.
In English law, offenders who commit burglary while carrying a weapon can be convicted of the offence of aggravated burglary even if the weapon is not actually brandished or used.
In Canada, section 348 of the Criminal Code provides that home invasion can be considered an aggravating circumstance in cases of
The Lindbergh Kidnapping – In 1932, one-year-old Charles Augustus Lindbergh, Jr. was kidnapped from his family's home in East Amwell, New Jersey and later murdered. The offender perpetrated the crime by using a ladder to enter a second floor bedroom of the Lindbergh residence while the family was asleep.
The Chauffeurs de la Drôme (The Heaters of Drôme) were a gang of four men who carried out a series of attacks on remote dwellings in the Department of Drôme in south-west France between 1905 and 1908. They became notorious for roasting the feet of householders against the fireplace, to torture them into revealing the hiding places of valuables. [28] [29] Responsible for as many as 18 murders, [29] three of the gang were executed on September 22, 1909. The fourth died on the penal colony on Devil's Island. [30]
One well-known home invasion is the November 15, 1959, quadruple murder of the Clutter family by Richard "Dick" Hickock and Perry Edward Smith during a home-invasion robbery in rural Holcomb, Kansas. The murders were detailed in Truman Capote's "nonfiction novel" In Cold Blood . However, the perpetrators were convicted of murder, not home invasion. [31]
The BTK Killer – Between 1974 and 1991, a series of sexual assaults and murders was carried out in the Wichita, Kansas area. In most of the attacks, the offender broke into or forced his way into a residence, then killed one or more people.
Joseph James DeAngelo – A serial killer and rapist who was active in California in the 1970s and 1980s, who is known to have murdered thirteen people between 1975 and 1986. [32] His modus operandi was to break into the homes of his victims in the middle of the night and attack them as they slept.
The Night Stalker – A series of home invasion murders, rapes, and robberies plagued the Los Angeles, California area in the mid-1980s. In all, twelve murders were committed in southern California as part of this series. [33] [34]
Mr Cruel – An Australian paedophilic serial rapist who entered houses and attacked three girls in the northern and eastern suburbs of Melbourne, Victoria in the late 1980s and early 1990s. [35]
Wichita Massacre – brothers Jonathan and Reginald Carr entered a house in December 2000, robbed the five residents, forced them into sex with each other and the attackers and then drove them to a snowy soccer field to be shot execution-style. One woman survived and testified against them in court, where they were given the death penalty. [36]
Two paroled criminals were each charged with three counts of capital murder during a home invasion into the Petit family home in Cheshire, Connecticut, on July 23, 2007. During the invasion, the mother died of asphyxiation due to strangulation and the two daughters died of smoke inhalation after the suspects set the house on fire. The men were charged with first-degree sexual assault, murder of a kidnapped person, and murder of two or more people at the same time. The state attorney sought the death penalty against the suspects. [37] The first defendant, Steven Hayes, was found guilty of 16 of 17 counts including capital murder on October 5, 2010, and on November 8, 2010, was sentenced to death. His co-defendant, Joshua Komisarjevsky, was convicted of all 17 counts against him in October 2011, and was also sentenced to death. Both men later had their sentences commuted to life without parole when Connecticut abolished the death penalty in 2015.
Another home invasion occurred on November 26, 2007, when Washington Redskins star Sean Taylor was murdered during an overnight home invasion of his suburban Miami home. Five men were convicted of the crime and given sentences ranging from 18 years to life imprisonment. [38]
In December 2015, a man gained entry to a house in the Swiss town of Rupperswil. After forcing the mother to get him money, he raped her 13-year-old son and then murdered them and another son and his girlfriend, before setting the house ablaze. [39] The man was convicted in 2018 of murder and other crimes and sentenced to life in prison. [40]
Three men in Louisville, Kentucky were charged for the April 20, 2017 home invasion at Mallard Crossing of record producer Jonathan Hay and his teenage daughter. [41] [42]
Four people have been charged in the home invasion of Pop Smoke, who was murdered during the robbery in Hollywood Hills on February 19, 2020. [43] [44]
Life imprisonment is any sentence of imprisonment for a crime under which the convicted criminal is to remain in prison for the rest of their natural life. Crimes that result in life imprisonment are extremely serious and usually violent. Examples of these crimes are murder, torture, terrorism, child abuse resulting in death, rape, espionage, treason, illegal drug trade, epidemic, human trafficking, severe fraud and financial crimes, aggravated property damage, arson, hate crime, kidnapping, burglary, robbery, theft, piracy, aircraft hijacking, and genocide.
Burglary, also called breaking and entering (B&E) and housebreaking, is the act of illegally entering a building or other areas without permission, typically with the intention of committing a further criminal offence. Usually that offence is theft, larceny, robbery, or murder, but most jurisdictions include others within the ambit of burglary. To commit burglary is to burgle, a term back-formed from the word burglar, or to burglarize.
The rule of felony murder is a legal doctrine in some common law jurisdictions that broadens the crime of murder: when someone is killed in the commission of a dangerous or enumerated crime, the offender, and also the offender's accomplices or co-conspirators, may be found guilty of murder.
In the United States, habitual offender laws have been implemented since at least 1952, and are part of the United States Justice Department's Anti-Violence Strategy. These laws require a person who is convicted of an offense and who has one or two other previous serious convictions to serve a mandatory life sentence in prison, with or without parole depending on the jurisdiction. The purpose of the laws is to drastically increase the punishment of those who continue to commit offenses after being convicted of one or two serious crimes.
Gregg v. Georgia, Proffitt v. Florida, Jurek v. Texas, Woodson v. North Carolina, and Roberts v. Louisiana, 428 U.S. 153 (1976), is a landmark decision of the U.S. Supreme Court. It reaffirmed the Court's acceptance of the use of the death penalty in the United States, upholding, in particular, the death sentence imposed on Troy Leon Gregg. The set of cases is referred to by a leading scholar as the July 2 Cases, and elsewhere referred to by the lead case Gregg. The court set forth the two main features that capital sentencing procedures must employ in order to comply with the Eighth Amendment ban on "cruel and unusual punishments". The decision essentially ended the de facto moratorium on the death penalty imposed by the Court in its 1972 decision in Furman v. Georgia (1972). Justice Brennan's dissent famously argued that "The calculated killing of a human being by the State involves, by its very nature, a denial of the executed person's humanity ... An executed person has indeed 'lost the right to have rights.'"
Mandatory sentencing requires that offenders serve a predefined term of imprisonment for certain crimes, commonly serious or violent offenses. Judges are bound by law; these sentences are produced through the legislature, not the judicial system. They are instituted to expedite the sentencing process and limit the possibility of irregularity of outcomes due to judicial discretion. Mandatory sentences are typically given to people who are convicted of certain serious and/or violent crimes, and require a prison sentence. Mandatory sentencing laws vary across nations; they are more prevalent in common law jurisdictions because civil law jurisdictions usually prescribe minimum and maximum sentences for every type of crime in explicit laws.
Capital murder refers to a category of murder in some parts of the US for which the perpetrator is eligible for the death penalty. In its original sense, capital murder was a statutory offence of aggravated murder in Great Britain, Northern Ireland, and the Republic of Ireland, which was later adopted as a legal provision to define certain forms of aggravated murder in the United States. Some jurisdictions that provide for death as a possible punishment for murder, such as California, do not have a specific statute creating or defining a crime known as capital murder; instead, death is one of the possible sentences for certain kinds of murder. In these cases, "capital murder" is not a phrase used in the legal system but may still be used by others such as the media.
Ewing v. California, 538 U.S. 11 (2003), is one of two cases upholding a sentence imposed under California's three strikes law against a challenge that it constituted cruel and unusual punishment in violation of the Eighth Amendment. As in its prior decision in Harmelin v. Michigan, the United States Supreme Court could not agree on the precise reasoning to uphold the sentence. But, with the decision in Ewing and the companion case Lockyer v. Andrade, the Court effectively foreclosed criminal defendants from arguing that their non-capital sentences were disproportional to the crime they had committed.
Capital punishment in Alabama is a legal penalty. Alabama has the highest per capita capital sentencing rate in the United States. In some years, its courts impose more death sentences than Texas, a state that has a population five times as large. However, Texas has a higher rate of executions both in absolute terms and per capita.
The Armed Career Criminal Act of 1984 (ACCA) is a United States federal law that provides sentence enhancements for felons who commit crimes with firearms if they are convicted of certain crimes three or more times. Pennsylvania Senator Arlen Specter was a key proponent for the legislation.
In the United States, the law for murder varies by jurisdiction. In many US jurisdictions there is a hierarchy of acts, known collectively as homicide, of which first-degree murder and felony murder are the most serious, followed by second-degree murder and, in a few states, third-degree murder, which in other states is divided into voluntary manslaughter, and involuntary manslaughter such as reckless homicide and negligent homicide, which are the least serious, and ending finally in justifiable homicide, which is not a crime. However, because there are at least 52 relevant jurisdictions, each with its own criminal code, this is a considerable simplification.
Graham v. Florida, 560 U.S. 48 (2010), was a decision by the Supreme Court of the United States holding that juvenile offenders cannot be sentenced to life imprisonment without parole for non-homicide offenses.
Murder in Pennsylvania law constitutes the intentional killing, under circumstances defined by law, of people within or under the jurisdiction of the U.S. state of Pennsylvania.
Crime rates in Connecticut are lower than in the United States as a whole and have fallen significantly over the past decade, according to the 2021 Crime in Connecticut Report. This pattern holds true overall, and for most types of crime.
Capital punishment is a legal penalty in the U.S. state of Georgia. Georgia reintroduced the death penalty in 1973 after Furman v. Georgia ruled all states' death penalty statutes unconstitutional. The first execution to take place afterwards occurred in 1983.
Capital punishment is a legal penalty in the U.S. state of Kentucky.
Murder in Arizona law constitutes the intentional killing, under circumstances defined by law, of people within or under the jurisdiction of the U.S. state of Arizona.
Murder in Florida law constitutes the intentional killing, under circumstances defined by law, of people within or under the jurisdiction of the U.S. state of Florida.
The law on the crime of murder in the U.S. state of California is defined by sections 187 through 191 of the California Penal Code.
Life imprisonment is a legal penalty in Singapore. This sentence is applicable for more than forty offences under Singapore law, such as culpable homicide not amounting to murder, attempted murder, kidnapping by ransom, criminal breach of trust by a public servant, voluntarily causing grievous hurt with dangerous weapons, and trafficking of firearms, in addition to caning or a fine for certain offences that warrant life imprisonment.