Criminal Law: Analysis of Crime Types in the Cheshire Case

This report analyzes various types of crimes within the framework of criminal law, categorizing them into property and personal crimes. It delves into specific offenses such as burglary, robbery, arson, rape, home invasion, and kidnapping, referencing the Cheshire case as a practical example. The paper examines relevant sections of the Connecticut Penal Code to define and categorize the crimes committed by the perpetrators, Komisarjevsky and Hayes. It also considers the intent behind the crimes and potential legal outcomes, including considerations of the perpetrators' mental states and the application of relevant sentencing guidelines. The report differentiates between theft and robbery, and between first-degree and other degrees of specific offenses, providing a comprehensive overview of the legal complexities involved in the scenario. Furthermore, the paper acknowledges the impact of the perpetrators' actions and the legal implications of each crime committed by the individuals. The report highlights the need for legal analysis and the importance of applying legal concepts to real-world scenarios.

Running Head: CRIMINAL LAW
Types of Crime
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Criminal Law
Types of Crime
In criminal law, there are different types of crime. These can be classified as property crimes
and personal crimes. In personal crimes, crimes are perpetrated against individuals. As such,
they mainly include a battery, assault, kidnapping, false imprisonment, rape, and homicide.
Homicide has several categories under it with some being first-degree murder, involuntary
manslaughter, second-degree murder as well as vehicular murder. In rape, there is sexual
assault and statutory rape. It is also worth noting that personal crime is further subdivided
into violent crimes and non-violent crimes.
On the other hand, there are property crimes which are deemed to be offenses done against
different properties. In this category, there are robberies, theft, arson, burglary, forgery,
embezzlement, receipt of stolen goods and false pretenses. Robbery and theft have to be
differentiated because theft entails stealing items whereas robbery entails theft of items with
the use of violence. Crime against property that is tangible is considered to be a property
crime. Different states have different laws and legislation that cover the crime. In this case,
different laws covering crime in Connecticut are put into perspective.
The scenario at hand presents different types of crimes perpetrated by Komisarjevsky and
Hayes. Some of the crimes committed here include burglary, robbery, arson, rape, home
invasion, and kidnapping. To start with, Section 53a-100 of the Penal Code defines home
invasion. It states that this is an act where an individual enters a dwelling or home with the
intention of carrying out a crime with the help of a different person. Also, he or she attempts
to commit a felony against the occupant or homeowner with the help of a weapon or harmful
substance. If found guilty of this offense, one is sentenced to ten years. The second crime
committed by Komisarjevskya and Hayes is burglary. This is stipulated under section 53a-

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Criminal Law
101 where one enters a building, causes harm to its occupants and steals property and items,
(Dasgupta, 2018). In most cases, this is regarded as burglary in the first degree because harm
and injuries are inflicted on the victims. Arson was also committed by Komisarjevsky and
Hayes because they set ablaze the house. This can be categorized as a first-degree arson as
stipulated by section 53a-111 of the Penal code act, (Siegel, 2017). As such, the two started a
fire with the intention of killing its occupants and destroying the building after stealing
valuables. It is evident that rape was committed by Komisarjevsky after tying Michaela. This
can also be termed as a sexual assault because Michaela is below sixteen years. By stating so,
Komisarjevsky committed a third-degree sexual assault. It is also essential to note that
Komisarjevsky and Hayes had the intention to commit these crimes because they had planned
to have a lucrative deal. By plotting to participate in this crime, the two can be convicted and
charged with arson, rape, robbery, and theft. Lastly, they two can also be convicted for
kidnap since they tied Dr. Petit and hid him in the basement. In most cases, the issue of
whether the two perpetrators are sane or insane can be brought up. Their actions have to be
looked into and put into perspective especially when Hayes, for instance, is known to misuse
drugs. By being coerced to participate in the crimes, he can also receive equal jail sentences
like Komisarjevsky.

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Criminal Law
References
Dasgupta, K., & Pacheco, G. (2018). The impact of child welfare legislation on domestic
violence‐related homicide rates. Health economics, 27(5), 908-915.
Siegel, M., Xuan, Z., Ross, C. S., Galea, S., Kalesan, B., Fleegler, E., & Goss, K. A. (2017).
Easiness of legal access to concealed firearm permits and homicide rates in the United
States. American journal of public health, 107(12), 1923-1929.
Conn. Gen. Stat. § 53a-100- 53a-323 (West 2011)