Monday, September 21, 2009


Misdemeanor Crime: shoplifting (but the statute states theft):
Theft crimes are divided in seriousness by the amount of property taken. C.R.S. § 18-4-401 sets forth the elements. Theft occurs when a person "knowingly obtains or exercises control over anything of value of another without authorization, or by threat or deception" and a) intends to permanently deprive the owner of the thing of value, b) uses or abandons the thing of value in a manner that deprives the owner of the use or benefit of the thing of value, c) uses or abandons the thing of value intending to deprive the owner of the use or benefit of the thing of value, or d) demands any consideration for the return of the thing of value to the owner. Theft is a class 1 misdemeanor if the value is $500 to $1,000, and a class 2 misdemeanor if the value is less than $500.
Felony Crime: Robbery:
Robbery, C.R.S. § 18-4-301, generally involves the taking of property directly from another person. Robbery is defined as taking anything of value from the person or presence of another by the use of force, threats or intimidation. Robbery is a class 4 felony.

(Statute)

Felony Crime: Robbery:

HYPERLINK "http://www.boulder-bar.org/bar_media/gloss.html" \l "ROBBERY" \t "_blank" Robbery, C.R.S. § 18-4-301, generally involves the taking of property directly from another person. Robbery is defined as taking anything of value from the person or presence of another by the use of force, threats or intimidation. Robbery is a class 4 felony.

(Book Deff.)

Robbery: Wrongfully taking and carrying away of personal property from a person by violence or intimidation.

Similarities: Both state that robbery is taking property from another person with the act of force or intimidation.

Differences: Unlike the statute, the book does not state threats as being an additional act of robbery. The book also views robbery as any property being forcefully taken, not just property of value

(Statute)

BURGLARY, SECOND-DEGREE - This occurs when a person breaks an entrance into, or enters unlawfully, or remains unlawfully after a legal or illegal entry, in a building or occupied structure with the intent to commit a crime. See Manual § 6.8 and C.R.S. § 18-4-203.

(Book Deff.)

Burglary: Breaking and entering of a structure owned by another with the intent to commit a felony therein.

Similarities: Both state that a person has to break and enter a structure owned by another with the intent to commit a crime.

Difference: Unlike the book the statute states that a person can unlawfully enter a structure owned by another. Therefore it goes more in depth by stating it is still considered burglary if a person walks into a structure with the intent to commit a crime even if the door was wide open

The legal standard for insanity in Colorado are M'Naughten Rule and Irresistible impulse according to which the verdict is that the defender is found not guilty by reason of insanity. The M` Naughten Rule was found in England in 1984 when Naughten killed intentionally the assistant of the English prime minister. He was found not guilty under two rules 1) the defendant doesn't know the nature of the actions he was doing and 2) he also doesn't distinguished wrong from right. The M` Naughten Rules is used by the majority of the states. The irresistible test came as a response to the M Naughtten test and the rule was expanded to the Irresistible act. It states that even though a person can make difference between wrong or right if his act was driven by uncontrollable behavior he or she should not be found guilty. Example of that is if a child was molested. If the mother commits a crime against the molester she can argue that she was not able to control her behavior.[3] [4]

http://www.law.umkc.edu/faculty/projects/ftrials/hinckley/hinckleyinsanity.htm and

Colorado's verdict for insanity is not guilty by reason of insanity..the court mandates treatment if found NGBI..and the court has the authority of release...as far as punishment from the verdict, one possible explanation is to make sure that the defendant gets the help they need in a state facility..

Over the past thirty years, property crime in Colorado has decreased dramatically. In 1980 there were over 195 thousand property related crimes committed, including arson, burglary, and motor vehicle theft. Violent crimes, however, have remained steady at around 15,000 per year. The most frequent crime committed in Colorado is larceny / theft at 100,000 in 2007, whereas murder was only committed 153 times. 2007 compared to 2006 shows that crime rates dropped dramatically across the board.

here were 4,407 complaints of internet crimes in the state of Colorado in 2007. Of those crimes, auction fraud was the number one complaint at 32.2%. A close second was non-delivery of merchandise/payment at 26.6%. Identity theft was 6th at only 3.4%. The total dollar losses was more than $5,400,000. The highest loss reported was $425,000, which resulted from Nigerian letter fraud. Most people, 44.7%, reported a monetary loss of $100-$999, however 4.6% reported a loss of over $10,000.

Male perpetrators, at 75.8%, far exceeded female perpetrators. Colorado is positioned 13th in the United States as having 25.84 perpetrators per 100,000 people. Regarding the total number of perpetrators living in Colorado, it is 17th.

Complainants were about equal with males at 55.6% and females at 44.4%. Those aged 30-39 were 24.7% of complainants, which was the highest. However, it was very close to complainants aged 40-49 and 50-59. Colorado positioned 2nd highest in the United States as having 90.65 complainants per 100,000 people. Of complainants living in Colorado, perpetrators also living in Colorado were 7.4%.

[1] Online picture retrieved September 21, 2009 from www.my2copper.com

[2] Retrieved from Boulder Country Bar Association http://www.boulder-bar.org/bar_media/offenses/6.8.html

[3] Retrieved September 18, 2009 from Kimberly Collins, Gabe Hinkebein, and Staci Schorgl, "The John Hinkley Trial and its Effect on the Insanity Defense" http://www.law.umkc.edu/faculty/projects/ftrials/hinckley/hinckleyinsanity.htm


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