How About Unauthorized Entry?

Maybe California’s Progressive-Democratic Party politicians are beginning to recognize the failure of their soft-on-crime policies. Or at least they’re beginning to pay lip service to the problem, if not its correction. In particular, they’re starting to talk about maybe tightening their law regarding auto burglary.

Under current law, prosecutors must prove a vehicle was locked to convict a suspect of auto burglary, and a window being broken is not sufficient evidence. This new proposed legislation from [State] Senator Scott Wiener (D, San Francisco) would end that requirement and allow forcible entry to be sufficient evidence for a conviction.

Some of the loophole exploitations are truly foolish.

  • someone broke a car window, completed a theft, and left the door open or unlocked
  • victim returns to the car and opens the door before police can take a report to establish the car was locked
  • victim forgets whether they locked their doors
  • victim is not available to testify in court that their doors were locked

Here’s a thought. Work with me on this; it’s a complex matter. Neither is it limited to a single party. How about adjusting the law to recognize that burglary is burglary, regardless of the means by which it’s carried out, even if it’s done with no damage at all. Any damage that is done, whatever that damage might be, should serve as sentencing enhancement.

Maybe broaden the concept and stop overcomplexifying criminal laws in general. The fillips that currently distinguish burglary from theft from breaking and entering from… and that discriminate the various forms of homicide, and that overparse other forms of crime, all should become sentencing enhancements for the underlying crime: theft, killing, etc. Such decomplexification, especially done nationwide, would well serve us all.

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