Comments on: First drafts of crim justice reform bills unveiled

By: So what should the reforms be? | a public defender

So what should the reforms be? | a public defender — Wed, 21 Nov 2007 12:47:01 +0000

[...] criminal justice system is less than a week away. I covered the co-chair’s proposal here and the rest are available [...]

By: SPO

SPO — Thu, 08 Nov 2007 03:10:00 +0000

Sorry Malum, the law should impose the risk on the burglars to ensure that no one is home. And violating people in their homes should bring truly draconian penalties.

Somehow burglars often manage to figure out when no one is home in states or localities with high incidence of gun ownership. There are not too many home invaders in vast swaths of Texas. Why, because home invaders often wind up dead (good riddance). The old man in Dallas sure proved that.

By: Malum

Malum — Wed, 07 Nov 2007 05:38:36 +0000

I would be more comfortable with a distinction that speaks to the intent of the breaking. If the breaking is done with the intent to commit a crime against a person in the dwelling, then it should be considered a home invasion. If the breaking is made with the intent to commit another crime then the original definition and sentencing guidelines should apply.

By: SPO

SPO — Wed, 07 Nov 2007 00:09:19 +0000

So let me ask you, Gideon, what situation is more dangerous to law-abiding folks, a break-in while the people are home or when they are not? The question answers itself, and given the obvious increased danger to the innocent, shouldn’t the law have a gradation of punishment? After all, wouldn’t that disincentivize the more dangerous types of break-ins?

By: Gideon

Gideon — Tue, 06 Nov 2007 18:03:38 +0000

[quote comment="7801"]I’m having difficulty understanding why you have such a distaste for the burglary = home invasion = burglary (-person) = burglary” bit. Unless it’s just because it’s stupid.

Ah, but wait and see. I guarantee you that with this new home invasion definition, a bit o’ legislation mandating longer sentences for home invasion will be forthcoming.[/quote]

Yeah, that’s my main opposition to this definition.

By: SaucyVixen

SaucyVixen — Tue, 06 Nov 2007 13:01:21 +0000

I’m having difficulty understanding why you have such a distaste for the burglary = home invasion = burglary (-person) = burglary” bit. Unless it’s just because it’s stupid.

Ah, but wait and see. I guarantee you that with this new home invasion definition, a bit o’ legislation mandating longer sentences for home invasion will be forthcoming.