Comparing and contrasting the definition of burglary with different legal frameworks yields some very interesting observations. Specifically, the author compared common law and Virginia’s law. Indeed, it is very diverse but yet similar when defining. Burglary is commonly defined according as the unlawful entry of a structure in order to commit a felony...
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Comparing and contrasting the definition of burglary with different legal frameworks yields some very interesting observations. Specifically, the author compared common law and Virginia’s law. Indeed, it is very diverse but yet similar when defining. Burglary is commonly defined according as the unlawful entry of a structure in order to commit a felony or theft (“Burglary Overview”, 2018). It may include actual forcible entry. However, instances where unlawful entry with no force and/or attempted forcible entry are present can also be labeled and prosecuted as burglary. While the definition of burglary is fairly consistent in most cases, there are variances in the law when comparing different types of law and differing levels of jurisdiction.
Analysis
The burglary laws on the books in Virginia, on the other hand, are a little different. Virginia’s law defines burglary breaking and entering someone’s home in the night time with the intent to commit a felony or larceny within the same (“Burglary Law”, 2018). Whether or not the criminal in question succeeds in committing the felony or larceny does not matter. Intent and the attempt alone are what makes the crime real and prosecutable. People convicted of burglary in Virginia can face five to twenty years in prison. If the assailant is armed, that make the offense a class II felony. This makes the corresponding prison sentence twenty years to life in prison (“Burglary Law”, 2018).
The common law definition of burglary is the trespassory breaking and entering of the dwelling of another at night with an intent to commit a felony therein (“The Free”, 2017). It is an offense against a possession or habitation. The common-law elements of the offense have been modified in most jurisdictions by statutes that tend to make the crime less restrictive (“The Free”, 2017). The variance between the two definitions is divided by what will occur if the offense it committed with or without a weapon and if force was used when entering the dwelling. Virginia’s law clearly indicates that the punishment for burglary is quite severe irrespective of whether the intruder is armed and whether or not it is successfully completed in the first place.
Dodd-Frank Wall Street Reform & Consumer Protection Act
The Dodd-Frank Wall Street Reform and Consumer Protection Act was a part of the broader set of financial reform legislation packages passed by the Obama Administration in 2010. This spate of legislation was in response to the financial crisis of 2008. The 2008 financial crisis is considered to be the worst economic disaster since the Great Depression of 1929. The root cause has been traced to no one single event or reason. Rather, it was the result of a sequence of events, each with its own triggering mechanism that led to near-collapse of the banking system. This sequence of calamitous events was the precursor for the financial reforms, inclusive of Dodd-Frank (Investopedia, 2018).
As a consumer, the author of this report and response feels that the Dodd-Frank Wall Street Reform and Consumer Protection Act should not be repealed. The various provisions are intended to safeguard consumers from faulty practices that are geared to sabotage unexpecting individuals that are not fully aware of these financial reforms. The protection act contains several provisions. In addition to providing safeguard consumers, there are also mandates relating to how large financial institutions must run their businesses. One of these provisions is the Volker Rule. This is in the sixth title of the legislation. It restricts the ways banks can invest. It limits speculative trading and eliminates proprietary trading. The relevant institutions are also prohibited from participating in risky investing arenas such as hedge funds (Investopedia, 2018).
Furthermore, if the act is repealed it would weaken the powers of the Consumer Financial Protection Bureau and would also eliminate the Labor Department’s fiduciary rule. This bureau requires brokers to act in the best interest of their clients when providing investment advice about retirement. The repeal is another way The Trump administration hopes to systemically unwind one of President Barack Obama’s signature accomplishments (Rappeport, 2017). However, if the provisions in the Dodd-Frank Wall Street Reform and Consumer Protection Act hinders some small businesses, those provisions should be reviewed and revamped to prevent further hardships from being visited on the overall economic structure or consumers themselves.
References
Burglary. (2008) West's Encyclopedia of American Law, Edition 2. Retrieved January 4 2018 from https://legal-dictionary.thefreedictionary.com/burglary
Burglary laws: State burglary laws and penalties. (2017). Retrieved from http://www.burglarylaws.com/virginia/
Burglary Overview - FindLaw. (2018). Findlaw. Retrieved 22 January 2018, from http://criminal.findlaw.com/criminal-charges/burglary-overview.html
Dodd-Frank Wall Street Reform and Consumer Protection Act. (2018.). Investopedia. Retrieved January 7, 2018 from https://www.investopedia.com/terms/d/dodd-frank-financial-regulatory-reform-bill.asp
Rappeport, A. (2017). Bill to erase some Dodd-Frank banking rules passes in house. Retrieved from Bill to Erase Some Dodd-Frank Banking Rules Passes in House
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