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View Diary: Rodrigo Abad Diaz, 22, Killed by NRA-Fox-GOP Stochastic Terrorism (39 comments)

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  •  What was it called pre-1982? Or, if it didn't (2+ / 0-)
    Recommended by:
    Oh Mary Oh, SilentBrook

    happen often enough to have a name before then, why not?

    Why did you only mention 'breaking and entering', when I specifically highlighted the role of weapons in the phrasing of 'assault with a deadly weapon' and 'armed burglary'?  I'm not a police officer, but is there even a charge of 'home invasion', or do they use the older terminology? (Murder if it occurs, assault with a deadly weapon, armed burglary, kidnapping, forced entry, or etc.)

    [Btw, my Firefox crashed before I could save or post this reply the first time, so my apologies if it's more terse than originally intended. IMHO, data-loss from computer-crashes should not happen; not since 2000. Grrr.  >;-|  ]

    Join us at RASA: Repeal or Amend the Second Amendment. (Repeal will not ban guns, just help regulate them.)

    by Sharon Wraight on Wed Jan 30, 2013 at 06:29:55 AM PST

    [ Parent ]

    •  Sharon, the term was Breaking and Entering (2+ / 0-)
      Recommended by:
      LilithGardener, Sharon Wraight

      If in the possession of a weapon, of any nature, it would be "armed robbery" and no longer a burglary.

      One is forcible taking, the other theft.  If no one's home, the matter becomes complex, as the armed intruder has no one to threaten.

      So, you have a B&E charge, a weapons charge, and a burglary or attempted burglary charge - depending if apprehension is with property and on-premisises.

      "Home Invasion" became a popular term in the Cocaine Wars.
      When 2 or more armed actors would crash into a house and often kill the occupants, at times taking cash and drugs.

      When this happened at non-drug locations, often to do with mistaken identification, the term stuck and became widely adopted.

      •  learning (0+ / 0-)
        So, you have a B&E charge, a weapons charge, and a burglary or attempted burglary charge - depending if apprehension is with property and on-premisises.
        Thanks! I'm completely new to these categories and distinctions, so am just learning about them.
        "Home Invasion" became a popular term in the Cocaine Wars.
        Do you mean the crack-cocaine period, c.1984-1990? That doesn't seem to fit the frequency of usage -- the term might have originated then, but why has it taken off? Perhaps it is more tied in to the use of methamphetamines? That would fit the timing better, and -- if so -- might suggest mandatory annual drug-testing as part of getting and keeping a license to own a gun. (We wouldn't want our 'militias' so unregulated as to include illegal drug-users, would we? ;-)  And surely no squeaky-clean NRA Republican would want junkies to have a gun. Might be an area of common ground?)

        From what little I've read (admittedly limited to unreliable sources like Wikipedia and random .gov or .edu links), 'armed robbery' can also include a 'stickup' that does not involve housebreaking. (In some states, housebreaking is by day and burglary is by night.)

        Robbery includes a 'trespassory' [sic] but this can include 'trespass to the person' and 'trespass to chattels' and not only trespass to land. (Trespass to the person: threats, assault, battery, wounding, mayhem, and maiming. Trespass to chattels, also known as trespass to goods or trespass to personal property: an intentional interference with the possession of personal property … proximately caus[ing] injury.)

        WP: "Burglary (also called breaking and entering and sometimes housebreaking)..."

        There is a Wikipedia article on 'home invasion', not the best, but it has some factoids:

        It is not a legally defined federal offense throughout the United States, but is in several states, such as Michigan, Connecticut, Illinois, Florida, Louisiana, and in Las Vegas, Nevada. Home invasion laws also have been introduced in [SC, MD, and NH]...  Home invasion as such is not defined as a crime in most countries other than the US.
        Why only in the US?
        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, with an article in the Los Angeles Times on 18 March 1925 clearly indicating the modern meaning.
        "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 of the Ft. Lauderdale, Florida...
        Hurley also worked in Trophy Club, TX, and Ft. Lauderdale for 25 years. He wrote Florida's Home Invasion Robbery Statute. I'm not sure of his political leanings. (FundRace seems to have disappeared??)

        Join us at RASA: Repeal or Amend the Second Amendment. (Repeal will not ban guns, just help regulate them.)

        by Sharon Wraight on Wed Jan 30, 2013 at 11:15:28 PM PST

        [ Parent ]

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