Burglary is a common crime in today’s society, though many are unfamiliar with the exact logistics of how such a crime is defined. There are only three main elements that must be present in order for the crime of burglary to be committed: first, the person knowingly enters the premises and remains there unlawfully; second, they must be within a building of some kind; and third, there must be the intent to commit a crime (New York Laws, 2014). It is important to note that breaking and entering is not necessary for a person to have committed an act of burglary; they must simply have entered the building, and the intent toward the commission of a crime does not have to be the intent to steal, it may be the intent to commit any crime or form of criminal activity (New York Laws, 2014).
There are two main differences between burglary one and burglary two; by working to review these differences it will be possible to gain a better understanding regarding the two criminal acts. The manner of entry into the residence was different in both cases, with a door being pried open in one and a window broken in the other. In addition, the first crime scene showed evidence that gloves were used, while the second did not indicate the usage of gloves at all. These two different processes indicate a high likelihood of two different perpetrators for the two different crime scenes due to the fact that the modus operandi was different at both scenes and it is highly unlikely that a perpetrator will change their modus operandi throughout the course of their criminal career. A burglar who goes in a window once is likely to continue to do so, unless an easier access, such as an unlocked door, presents itself, while one who is used to prying open doors is less likely to break a window. While it is likely that a burglar is liable to get more cunning over time, using gloves where no gloves were used before, for example, they are unlikely to change their modus operandi; it is for this reason that it may be stated with some degree of certainty that there are two perpetrators as opposed to one.
There is a high likelihood that evidence may be found during the course of a burglary investigation, and the location with the greatest likelihood and concentration of evidence will typically be the area or areas with the greatest activity level(s) (Clemens, 2013). There are several different types of evidence that are likely to be found at the scene of a burglary including fingerprints, footwear impressions, tools and tool marks, blood, fibers, possible suspects, and even potential bonus evidence (Clemens, 2013). Due to the fact that gloves were utilized at the first crime scene, the likelihood of finding fingerprints is great only at the second crime scene where no gloves were utilized. Near the point of entry at both residences it is possible that footwear impressions may be found and care should be taken to check for the same before potential contamination arises. Tools and tool marks will be found at the first crime scene, and it is possible that they will be present at the second, depending on the manner in which the window was broken. Blood may be likely at the second crime scene where the window was broken, but is unlikely to be found at the first, and there is a potential to find fibers at both crime scenes. It is unlikely that the suspects will still be at or near either crime scene, but the potential for bonus evidence, such as a dropped wallet, tracks leading to a specific location, or a video of the suspect are possible (Clemens, 2013).
The documentation, collection, and packaging process will differ for each type of evidence that is found, and the process used will be dependent upon what is found. If, for example, footwear impressions are made, they should be photographed and documented for size with a standard object laid next to them for comparison followed by casings being taken, as needed (Evidence Collection Guidelines, 2013). Hair, fibers, or other threads should be photographed, picked up with tweezers and placed in paper envelopes and sent to the lab for analysis (Evidence Collection Guidelines, 2013). The process used for evidence collection will depend in large part on what is found, as may be seen by just these two simple examples. It is important to remember that it is professionalism and attention to detail and procedure that will work to provide the solution and capture in these matters.
- Clemens, D. (2013). Burglary investigations. [online] Retrieved from: http://crimeandclues.com/2013/01/26/burglary-investigations/2/ [Accessed: 18 Feb 2014].
- Crime-scene-investigator.net. (2014). Evidence collection guidelines. [online] Retrieved from: http://www.crime-scene-investigator.net/collect.html [Accessed: 18 Feb 2014].
- New York Laws (2014). Burglary crime elements – New York penal law. [online] Retrieved from: http://ypdcrime.com/penal.law/burglary.htm [Accessed: 18 Feb 2014].
