Burglary

Lore & Background

Ancient references to breaking into a house appear in the Code of Hammurabi (no. 21) and the Torah (Exodus 22:2). Sir Edward Coke, in chapter 14 of the third part of the Institutes of the Lawes of England (pub. Sir Matthew Hale classified burglary and arson as offences 'against the dwelling or habitation' in his work Pleas of the Crown. A Methodical Summary. Sir William Blackstone observed in the Commentaries on the Laws of England that burglary 'has always been looked on as a very heinous offence: not only because of the abundant terror that it naturally carries with it, but also as it is a forcible invasion of that right of habitation.'

Reader's Guide

During the 19th Century, English politicians turned their minds to codifying English law. Colonial legislatures generally adopted the English reforms. While further Criminal Code reforms failed to progress through the English parliament during the 1880s, other colonies, including Canada, India, New Zealand and various Australian states codified their criminal law. The common-law definition of burglary has been expanded in most jurisdictions: the building need not be a dwelling or even a building in the conventional sense, physical breaking is not necessary, the entry does not need to occur at night, and the intent may be to commit any felony or theft. Some studies indicate that most burglars scan the target multiple times before committing the crime, often targeting properties close to their own residence that are routinely vacant. Burglars may rarely have a specific property in mind but rather a general area, and often knock on a door to check if the property is occupied. The majority commit the crime for financial reasons, while a small minority cite boredom.

Did You Know?

• The word 'burglar' is derived from the German words 'burg' (house) and 'laron' (thief), according to Sir Edward Coke.
• At common law, burglary required both a breaking and an entry; breaking without entry or entry without breaking was not sufficient.
• In Finland, there is no crime of burglary as such; unlawful entry is punished as invasion of domestic premises, and theft during such entry may be aggravated theft.