 Mystery: August 31, 2011 Issue [#4593] |
  Mystery
This week: Commonly Confused Crimes Edited by: Jeff  
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"Somewhere, something incredible is waiting to be known."
-- Carl Sagan
Random Mystery Trivia of the Week: Prior to becoming a successful journalist, screenwriter and suspense novelist, Irving Wallace served at Fort Fox during World War II. His unit's assignment was to create documentary war information films. He worked in a special section tasked with keeping up morale and explaining to soldiers why they were fighting. That unit was headed by Hollywood director Frank Capra (Mr. Smith Goes to Washington, Arsenic and Old Lace, It's A Wonderful Life, etc.), and Wallace worked alongside Theodor Geisel (better known as Dr. Seuss), Oscar nominated (nine wins from 45 nominations!) composer Alfred Newman (uncle of composer Randy Newman), as well as Walt Disney and his team of animators.
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COMMONLY CONFUSED CRIMES
There are a lot of crimes out there. A lot of different ways that you can break the law, infringe on someone else's rights or property, or ways that you can be sent to jail. Just taking a cursory look around the web at civil and criminal statutes can boggle with mind with how many different possibilities there are. If you steal something from someone, is it petty theft or grand theft? Is it robbery, burglary, or larceny? What's the difference between murder and manslaughter? Is ruining someone's reputation with false allegations in a conversation over coffee the same thing as posting those allegations in my blog?
The legal system is filled with all kinds of nuances and fine lines that differentiate between one crime or another. Words that are sometimes used interchangeably in general conversation don't always mean the same thing when you're talking about crimes in a legal sense. Abduction and kidnapping, for example, both involve taking someone against their will... and are often used interchangeably by the news or the public. But they're distinctly different in the eyes of the law.
The following is a list of commonly confused crimes and some examples to help clarify:
DISCLAIMER
I am not an attorney by trade... and even if I were, the intricacies of the legal system mean that specific definitions and punishments of a crime can differ by country, state, and even municipality. The following list is based on generalizations and should not be taken as the definitive, final authority on these matters. It should not be used in place of more thorough research... and certainly not in place of proper legal advice if you happen to be charged with any of these things!   |
Blackmail vs. Extortion. Both crimes involve an attempt to pressure someone into giving you something. But extortion is specifically related to the threat of force to compel someone, while blackmail is the term used when the threat is not related to force, but rather embarrassment, disgrace, humiliation, etc. A bookie threatening to break your legs if you don't pay is extorting you; A paparazzo threatening to release an incriminating photo if you don't pay is blackmailing you.
Extortion vs. Robbery. Extortion and robbery both have the same two basic criteria: a threat of physical harm, and a demand for something. The difference is the immediacy of the demand. While extortion involves delivery at some future time, robbery requires the immediate demand for something. A thief demanding that you bring a million dollars to him next Friday is extorting you. A thief demanding that you give him your wallet while holding a gun on you in a back alley is robbing you.
Grand Theft vs. Petty Theft. This one's pretty straightforward... if it's over $950, it's Grand Theft. If it's under $950, it's Petty Theft. Cars are always considered Grand Theft, regardless of the value of the car (although I'd have to wonder why someone would bother stealing a car that's valued at less than $950. ). The dollar value makes this kind of an interesting crime; a guy quickly pocketing a single item from your jewelry box could end up spending much longer in prison on Grand Theft charges than a guy disconnecting and walking out the door with your washer and dryer.
Larceny vs. Burglary. Both larceny and burglary involve unlawfully taking property from someone or someplace. The difference is that burglary involves gaining unlawful access to the place where the item is stolen. If I walked into a convenience store while it was open and stole a candy bar, that's shoplifting (and larceny). If I broke into that convenience store when it was closed and stole a candy bar, that's burglary.
Assault vs. Battery. In most jurisdictions (especially the ones that have "battery" as a separate charge), assault is the term used for the threat of violence (i.e. causing someone to fear violence) and battery is the actual act of touching/physically harming someone. Thus, if I were to get up in your face and talk about how badly I'm going to beat you up, that's assault. Beating you up badly by itself is battery. Getting up in your face and talking about how badly I'm going to beat you up... and then actually beating you up is assault and battery.
Murder vs. Manslaughter. In both cases, someone's dead. Murder, however, refers to the violent taking of another life while manslaughter refers to the taking of another life without malice. Murder can be broken down into First-Degree Murder (premeditated), Second-Degree Murder (homicide during the commission of another felony), and Third-Degree Murder (death resulting when only harm was intended). Manslaughter can be broken down into Voluntary Manslaughter (usually when someone wasn't in control of their actions, or provoked to commit the crime) and Involuntary Manslaughter (accidentally killing someone while committing a misdemeanor, with no intent to harm anyone). If a wife waited for her cheating husband to come home then stabbed him with a kitchen knife, that's First-Degree Murder. If a bank robber shoots a hostage during a robbery, that's Second-Degree Murder. If someone mugged and pistol-whipped a pedestrian, who subsequently died from the head trauma, that's Third-Degree Murder. Kevin Spacey's character in Se7en (SPOILER ALERT!) provoked Brad Pitt's character into Voluntary Manslaughter at the end of that movie. And the most common and well known charge of Involuntary Manslaughter is hitting and killing someone with your car while driving drunk).
Kidnapping vs. Abduction. Essentially, both involve the carrying off or taking of someone against their will. Kidnapping, however, is generally the taking of someone with the intent of some other end result (e.g. ransom, coercion, etc.) while with abduction, the taking of the person is usually the end result. Someone looking to steal a child for their own would be abducting that child; someone looking to steal a child in order to extract ransom money or cooperation from the parent would be kidnapping that child.
Libel vs. Slander. Both libel and slander are related to the wrongful damaging of someone or some entity's reputation. Libel, however, relates to what's written or published, while slander is what's spoken. If I write in my blog that the secret ingredient in KFC's proprietary seasoning blend is really an illegal narcotic, that's libelous. If I tell it to my friend as we're meeting over a bucket of Original Recipe, that's slander. Slander can also include bodily gestures, while libel can also include published photographs.
Mystery writers often find themselves writing about the criminal element of society. And while it may be fine to use "extortion" and "blackmail" interchangeably in general discussion, it's important that we understand the nuances and differences between similar crimes. If we write any kind of legal proceeding, we need to get those details right; nothing ruins an otherwise good story than by getting the details wrong and having the D.A. character charge a serial killer with Third-Degree murder, or having a character read a tell-all expose and accuse the writer of slander.
As an added benefit, consider the possibilities that such nuanced crimes provide for your creativity. If your story revolves around an employee murdering his boss, what kind of murder was it? Premeditated? Related to the commission of another felony? An accident? Imagine how much more complex and intriguing the story becomes if it wasn't murder at all, but Voluntary Manslaughter where the employee was provoked into committing the murder of which he's now accused! 
Understanding the nuances of these different crimes can mean more than just accuracy in their description; it can even be the inspiration for a more creative and unique story in the first place. 
Until next time,
-- Jeff
QUESTION OF THE WEEK: Were the differences in any of these crimes surprising to you? Are there any other crimes that you'd like to know the differences between?
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This week, I would encourage you to check out the following mystery items:
The Doughnut Shop was the last establishment at the edge of town.The counter girl was from the same High School as the boys, but had dropped out some months ago. She had a pimpled face and stringy red hair. There was dirt under her fingernails. The boys ordered two doughnuts and a single coffee. It took all the money they had.
Erin frowned at her mirror image in the bathroom mirror and smoothed her black velvet dress. She’d already done moments ago in front of the man-height mirror in the bedroom before she returned to the bathroom to apply her make-up for the evening. She had lost weight in the last few months. Work and…it … were taking their toll.
Nancy paused under a street light. She gazed up at the eerie glow. With a shrug, she glanced down the street. A group of children and a few parents rushed past, giggling as they clutched their bags of goodies. Without warning, a sleek car braked beside her. The passenger’s door swung open. A man peered at the slim child. Her blond hair framed her face, blue eyes piercing. “Hey there…” Producing a huge chocolate bar, he waved it in front of Nancy’s eyes. “Would you like this?” Her mother’s advice dissipated as she whispered, “Yes.”
He lived off ladies all his life,
he set to Sydney, stole a wife.
His wife had riches (income vast),
he set to spend her fortune fast.
Dante Meadows closed her eyes and let the sweet scent of her flowers wrap their fragrance around her. A cool whisper of a breeze played across her skin sending a wee shiver down her arms. The cell-phone’s urgent sound interrupted the silence as Dante sat sipping peppermint tea in her gazebo. The phone’s impatient sound echoed through the garden as she reached for the some time annoying instrument. “Dante, I need your help,” Melissa said.
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In response to my last newsletter on revisionist history (the question was regarding historical events that you learned were much different than you originally thought):
Thanksgiving. We no longer celebrate Thanksgiving in our home. My great grandmother was concieved on the trail of tears. What kind of respect would I be showing her if I celebrated a day where the pilgrams had the indians over for lunch so they could give them smallpox coated blankets and eventually take over their village? I find the way we teach that story to elementary students sad and pathetic. Whats worse is that we still don't tell them the truth when they get to high school. We treat buying manhatan for a few glass beads as funny that the natives would be so stupid without considering the native culture. No one ever teaches the native side of the story and they should. Its a beautiful belief system and lifestyle that was distroyed by greed and someone should be teaching it outside of a college classroom.
-- ember_rain
I know a couple people who similarly don't celebrate Thanksgiving for what actually happened during the first one. And you're right; the story we're told in elementary school doesn't quite match up with what actually happened. Have you read A People's History of the United States by Howard Zinn? It's an incredible history book, chronicling some of our country's most notable milestones from the perspective of the underdogs, the oppressed, and the losing sides... all of whom often have quite a different recollection of events!
The story of Cleopatra, the last queen of Egypt, is one of my favorites. What's amazing is that her story is so much more complex than the legend she ultimately became. What I found to be particularly interesting is how intelligent she was. She had a knack for ruling, and even spoke seven languages! -- Cassie Kat 
I'm frequently amazed at Egyptian society and how much is overlooked in general history courses. I suppose it's difficult to encapsulate all of world history into a single course... but the Egyptian society had so much depth and richness to it, I almost wish I would have studied it in more depth in college!
My Half-Aunt thought that she was of Irish Royalty, until she checked out the family tree and found out that the Irish branch was kicked out of Ireland for smuggling rum. Of course, said rum-runner could of been a Bastard of Royal blood. Still don't know. -- BIG BAD WOLF Feeling Thankful 
That's quite an interesting family history! My uncle's hobby is our family's genealogy, but he hasn't traced us back to any notorious criminals or lines of nobility... yet.
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