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'''Home invasion''' is the act of illegally [[burglary|burgling]] or entering a private and occupied [[dwelling]] for the purpose of committing a [[crime]] (such as [[robbery]], [[assault]], [[rape]], [[murder]]), or any violation of the law against the occupant(s). It is not a legally defined offense (federally) in the [[United States]], but is in several states, such as [[Michigan]]<ref>{{cite web|title=Michigan Home Invasion Legislature |url=http://www.legislature.mi.gov/%28S%28jbhqhn45x0k1se45n0wdzz55%29%29/mileg.aspx?page=GetObject&objectname=mcl-750-110a |date=1931 |accessdate=2010-12-11}}</ref>. It is not a crime in [[Australia]] and [[New Zealand]] as well as most countries.<ref>{{cite web|title=Home Invasion definintion in Australia |url=http://www.ocsar.sa.gov.au/docs/information_bulletins/IB11.pdf |date=c. 2000 |accessdate=2010-12-11}}</ref>. |
'''Home invasion''' is the act of illegally [[burglary|burgling]] or entering a private and occupied [[dwelling]] for the purpose of committing a [[crime]] (such as [[robbery]], [[assault]], [[rape]], [[murder]]), or any violation of the law against the occupant(s). It is not a legally defined offense (federally) in the [[United States]], but is in several states, such as [[Michigan]]<ref>{{cite web|title=Michigan Home Invasion Legislature |url=http://www.legislature.mi.gov/%28S%28jbhqhn45x0k1se45n0wdzz55%29%29/mileg.aspx?page=GetObject&objectname=mcl-750-110a |date=1931 |accessdate=2010-12-11}}</ref>. It is not a crime in [[Australia]] and [[New Zealand]] as well as most countries.<ref>{{cite web|title=Home Invasion definintion in Australia |url=http://www.ocsar.sa.gov.au/docs/information_bulletins/IB11.pdf |date=c. 2000 |accessdate=2010-12-11}}</ref>. |
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Home invasion differs from burglary in having a violent, specific or general |
Home invasion differs from burglary in having a violent intent, specific or general, much the same way as robbery—personally taking money from someone by force—is differentiated from mere [[larceny]] (theft alone). |
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==Statistics== |
==Statistics== |
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Home invasion is the act of illegally burgling or entering a private and occupied dwelling for the purpose of committing a crime (such as robbery, assault, rape, murder), or any violation of the law against the occupant(s). It is not a legally defined offense (federally) in the United States, but is in several states, such as Michigan[1]. It is not a crime in Australia and New Zealand as well as most countries.[2].
Home invasion differs from burglary in having a violent intent, specific or general, much the same way as robbery—personally taking money from someone by force—is differentiated from mere larceny (theft alone).
Statistics
Few statistics are available on home invasion as a crime, because it is not technically a specific crime in most states. Persons charged with "home invasion" are actually charged with robbery, kidnapping, homicide, rape, or assault charges. But law enforcement has been seeing the increase in "home-invasion robberies" since at least June 1995, when "home-invasion robberies" were the topic of the cover story of The FBI Law Enforcement Bulletin. They state the crime is considered an alternative to bank or convenience store robberies, which are getting harder to pull off cleanly due to technological advances in security. In this same article, the FBI recommends educating the public about home invasion. Before the term "home invasion" came in use, the term "hot burglary" was often used in the literature. Early references also use "burglary of occupied homes"[3] and "burglar striking an occupied residence".[4]
It is commonly held belief that home invasion is a minimal threat to the average person and usually involves invaders who have a personal knowledge of the home and its owner, however the factual basis of this belief is uncertain.[citation needed] Gated communities are promoted by property developers as a way of being safe from this crime.
Asian Americans, particularly Vietnamese Americans and others of Southeast Asian descent, have been disproportionately represented among victims and perpetrators of home-invasion robberies.[5][6]
According to an Oxford English Dictionary (OED) draft entry for March 2004, the first published usage of the term in its modern sense is a November 1973 article in the Chicago Sun-Times. The OED also cites a use of the term in the 1989 novel Toxic Shock (ISBN 0-575-04372-5) by Sara Paretsky[citation needed].
Connecticut Congressman Chris Murphy has proposed making home invasion a federal crime in the United States.[7]
Notable examples
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.
More recently, two paroled criminals were charged with six 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 is seeking the death penalty against the suspects.[8] 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, will stand trial in January 2011. (See Cheshire, Connecticut, home invasion murders.)
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. Four defendants were charged with this crime.[9]
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[citation needed].
See also
References
- ^ "Michigan Home Invasion Legislature". 1931. Retrieved 2010-12-11.
- ^ "Home Invasion definintion in Australia" (PDF). c. 2000. Retrieved 2010-12-11.
- ^ Lawrence Southwick, Jr., "Guns and Justifiable Homicide: Deterrence and Defense," 18 St. Louis U Pub Law Rev 217 (1999). page 227.
- ^ James Wright, Peter Rossi and Kathleen Daly, Under the Gun, Aldine 1983, page 15.
- ^ ipsn.org/asg08107.html
- ^ Janine DeFao Bee Staff Writer. "SENSE OF SECURITY STOLEN IN INVASIONS :[METRO FINAL Edition]. " The Sacramento Bee 15 Feb. 1996, ProQuest Newsstand, ProQuest. Web. 6 Mar. 2010.
- ^ "Murphy seeks to make home invasion a federal crime". NY Times Co. 2008-04-02. Retrieved 2008-04-04.
{{cite news}}: Unknown parameter|coauthors=ignored (|author=suggested) (help) - ^ http://www.wfsb.com/cheshirecase/13762474/detail.html
- ^ "SEAN TAYLOR MURDER: Men arrested held without bond". WINK News. 2007-12-01. Retrieved 2008-04-04.