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W3 Assignment #1 Borrowed or Stolen?What if you leave your lawn mower in your backyard and your neighbor comes over to borrow it when you are not home. He takes the mower but forgets to return it. When you notice it gone you call the police and report it stolen.Has your neighbor stolen your lawn mower? Explain why or why not using a legal analysis. Instructions* Your paper should be a minimum of 2 full pages in length;* 1-inch margins;* Double-spaced;* 12 point font in Arial, Helvetica, or Times New Roman;* Include a Cover Sheet and a References page;* APA formatted citations within the body of the paper and on the References page. W3 Assignment #2 Burglary in Your StateResearch your state’s burglary statute(s). Discuss the following:1.How does the statute distinguish dwellings from other types of structures? 2. Does it include burglary of a vehicle? 3. Does it include coin operated machines? 4. Is the punishment for the burglary of a dwelling different than for the burglary of another type of structure such as a business?5. Does the statute differentiate between a person and/or a nonperson type of burglary?6. What factors will cause the charge of burglary to be enhanced to aggravated burglary?InstructionsMake sure you identify the state and the statute numbers within the body of your paper. * Your paper should be a minimum of 4 full pages in length;* 1-inch margins;* Double-spaced;* 12 point font in Arial, Helvetica, or Times New Roman;* Include a Cover Sheet and a References page;* APA formatted citations. ch_13_cj421.pdf ch_14_cj421.pdf Unformatted Attachment Preview Chapter 13 Theft Concepts of Property    General Property Concepts: Property is divided into two types: Real Property (real estate) and Personal Property (everything else) Any property can be stolen, including tangible personal property, or intangible rights represented by writings (e.g. stock certificates), services (electricity, by circumventing meter), or objects having functional use In almost all situations, a thief cannot convey lawful title to stolen property to another person, even if that person is an innocent good-faith purchaser of the property  Movable Property: A person is guilty of theft if he takes, or exercises unlawful control over, movable property of another with purpose to deprive him thereof  Immovable Property: A person is guilty of theft if he unlawfully transfers immovable property of another or any interest therein with purpose to benefit himself or another not entitled thereto Theft/Larceny  Common law had numerous theft of property crimes, ranging from simple stealing to larceny by trick  Today, most states consolidate these offenses under “theft” or “larceny,” with subsections for designated subjects   Either term usually has these elements:  Taking (and in some states carrying away)  Property of another  With intent to deprive the other of ownership or possession In all states, the value of the property determines the severity of the offense  Grand larceny, if the value exceeds a specified amount, often around $1000.00  Petit larceny, for property of lesser value Discussion Question Grand larceny vs. grand theft: Attorney website discussing the differences between grand larceny and grand theft in Massachusetts: http://geoffreygnathanlaw.com/grand-larceny-vs-grandtheft-sentencing/   What does the website say is the difference between grand larceny and grand theft in Massachusetts? Is the difference important? Why or why not? The Taking    Theft cannot occur until the defendant has in some sense “taken” the property  Example: A pickpocket has not stolen the contents of your pocket while his hand is still in your pocket (attempted larceny); once the hand starts moving out, a taking has occurred Under common law, the “carrying away” requirement helped determine when a taking was complete. A few states still require carrying away, though any movement of the property, however slight, satisfies the requirement In most statutory schemes, taking is complete when the defendant has exercised “control or dominion” over the property  Example: Switching bag tags so airline will deliver another’s bag to you is sufficient exercise of control  Example: Real estate, which is immovable property, is taken when some document covering the real estate, such as a deed, is illegally transferred Another’s Property      The property must “belong” to another: The other person need not be the owner, but only lawfully in possession  Example: A leaves her property with B for safekeeping. C steals the property from B. Though not owned by B, it is property of another In theory, one can steal one’s own property  Example: A leaves property with B for safekeeping. A takes property without telling B, planning to hold B liable for “losing” the property. A has taken property of another Co-owners can steal from each other, including husband and wife  Example: A is to place check payable to A and B in their account, but instead runs off with the money One thief can steal from another  Example: A steals B’s property. Though A acquires no ownership by his efforts, when C steals the same property from A it is property of another Intent to Deprive    Theft is a specific intent crime; the taking must be intended to deprive the owner of possession of his property One who accidentally takes another’s property cannot be a thief.  Example: A takes what he believes to be an empty box home from work. In fact, B has stored some goods there. A is not guilty of theft  Generally, once A discovers the mistake, failure to return the goods would be theft In most states, intent must be to deprive permanently or for an extended period that will cause the owner to lose significant value in the property  Example: A “borrows” B’s baseball season tickets without B’s permission, intending to return them later. A is guilty of theft Discussion Question While having your carpets shampooed you put your furniture on the front lawn to get it out of the way. The carpet is not dry by nightfall so you leave the furniture outside overnight. That night, a man pulls in front of your house and takes the furniture. The furniture is found by the police, but the man who took it claims he thought it was abandoned.  Was the furniture abandoned? Why/why not? Shoplifting   Because of difficulty in fitting retail shoplifting within the “taking” language of general theft statutes, many states have specific statutes for this type of theivery Shoplifting statutes commonly describe the crime as the intent to “appropriate merchandise” without paying, or “deprive the owner of possession” of the property Shoplifting   Most statutes list specific actions as shoplifting, such as:  Concealing the merchandise while in the store. There is thus no need to leave the store to commit the crime  Altering or changing price tags  Moving goods from one container to another  Causing the cash register to record an incorrect price A suspected shoplifter in the store may be stopped and questioned, and a shoplifter outside the store may be followed to discover the person’s identity. In some states, a merchant or security officer with probable cause can detain a suspected shoplifter, and search for stolen goods Discussion Question YouTube video by an attorney sharing how to get out of shoplifting charges: http://www.youtube.com/watch?v=a1H6zVwVImg  Do you agree with what the attorney in the video says? Why or why not? Other Retail Theft Crimes      Tag Switching: A lower price tag is placed on a store item Undercharging by Checkout Clerk (under ringing schemes): The checkout clerk undercharges a friend or co-conspirator “Storming” or Mass Shoplifting: Two or more people storm an all-night or late-night convenience store, take items, and then leave. If force is used or threatened, this could be charged as robbery Till Tapping: Reaching into a cash register after distracting the employee, or grabbing money from an open cash register (“snatch and run”) Boosting: This is an organized form of shoplifting used by gangs, in which goods in large quantities are placed in booster bags and then sold by the gangs at huge discounts Credit Card Fraud Fraudulent Use of Credit/Debit Cards:  Credit card theft occurs when a credit card is stolen, and every state has a statute directed at such theft  The methods of obtaining credit cards for fraudulent use are many. They can be stolen by burglars, pickpockets, or robbers. They can be retained by workers in gas stations or restaurants or stolen from the mail. They can be counterfeited or altered  The credit card itself need not be stolen; if a thief uses the card number unlawfully, it is credit card theft  Each time a stolen card is used is a new offense  Being in wrongful possession of a stolen credit card, even if not used  Manufacturing or creating false credit cards Discussion Question Article on the Federal Trade Commission website on how to protect against credit card fraud http://www.consumer.ftc.gov/articles/0216-protectingagainst-credit-card-fraud:    What do you think is the best way to protect your credit cards? How difficult is it for credit cards to be stolen? How safe is your credit card/personal information? Check Violations  “Bad checks” are a large problem in the U.S. Most checks that “bounce” are the result of negligence, mistakes, or bad bookkeeping, some check violations are intentional crimes of thievery. Check Violations Include:  The Crime of Forgery (signs false name, alters document)    The Crime of Uttering (forged check/document submitted for payment) Operations of Check-Forging Rings (burglaries or thefts from business firms or products of a computer) Passing Forged Checks and Other Counterfeit Securities in Interstate Commerce (forbidding “falsely made, forged, altered or counterfeit securities” to be used and passed in interstate commerce) Forgery   Forgery is a theft crime related to written instruments or documents: checks, stocks, government bonds, etc.  It is commonly said that while forgery, like other fraud crimes, requires a lie, the “lie” is about the written document The crime occurs if, with intent to deceive, a person falsely:  Makes (creates) an instrument  Completes an instrument; e.g. fills in the blank line on a check  Endorses an instrument, i.e. signs another person’s name on a check  Alters an instrument, e.g. changes a “10” to a “100” on a check  Utters an instrument, i.e., presenting a forged check to a bank for payment Check-kiting   Check-kiting schemes are illegal and work by establishing an account at one bank and then writing a large check on that account that is deposited into a second account at another bank While the check is going through the clearing process, which can take days, money is fraudulently withdrawn from the second account Chapter 14 Robbery, Burglary, and Related Crimes Robbery, Burglary, and Related Crimes    Robbery differs from common theft in that force or threat of force must be used to take property from the victim. Theft can occur without force and outside the victim’s presence Robbery has the same elements as the other theft offenses, plus:  The taking must be in the presence of, or from the person of the victim  Accomplished by force or threat of force or intimidation Note, some jurisdictions, though probably a distinct minority, follow the Model Penal Code and make causing “serious bodily injury” a substitute for use of force Discussion Question Jewelry store robbery: http://wgntv.com/2013/06/24/one-shot-two-flee-in-oakbrook-jewel-robbery/    Is this a robbery or a burglary? Why? Is there any information that would make it an aggravated crime? If you were prosecuting this crime, what would you charge the defendants with? Force   Force must be used “in the course” of the theft in order to constitute robbery:  Example: Placing a hand in another’s pocket to steal its contents is theft; overcoming the owner’s struggle to prevent the theft is robbery  Example: Using force to escape from the owner after successful theft is “in the course” of the theft, and considered robbery in most states Using drugs or alcohol to immobilize the victim so that property can be stolen is “force” and robbery Threat or Intimidation  If force is actually used, no threat is needed  Typically, simply the threat of force (but not actual force) constitutes robbery  The threat must be of immediate bodily harm; however  It is not robbery (but extortion) to threaten bodily harm in the future  In some jurisdictions the threat must be such that a reasonable person would be afraid; in others, the threat need only put the actual victim in fear of bodily harm  Virtually all jurisdictions require that there be a “threat” of harm; the timid victim who surrenders property to a thief based only on “benign” conduct has not been robbed Aggravated or Armed Robbery   Theft statutes make the severity of the offense depend on the value of property taken; robbery is made more serious by the dangerousness of the threat of force Under most statutes, use of a dangerous weapon makes the crime armed or aggravated robbery:  The weapon generally need not be real or functional, but must be brandished  In many jurisdictions, actual infliction of serious bodily harm makes the robbery aggravated. Discussion Question News video about bank robbers using automatic weapons: http://www.youtube.com/watch?v=Oqfrr26yTSY    Why did this bank robbery make the news? How does this bank robbery compare with the typical “note” bank robbery? What charges would the bank robbers likely receive? Car Jacking  Carjacking is forcibly taking possession of a motor vehicle in the possession of another against his or her will with intent either to permanently or temporarily deprive the person of possession  The true owner is in “possession” of the car even if he/she is leaving the car when the carjacking occurs  A carjacker may also be convicted of kidnapping, if the owner of the car is purposely kept in the car and the car is moved a substantial distance from the vicinity of the carjacking Carjacking cases did not fit easily into theft or robbery criminal statutes because the thief often did not intend to keep the car permanently To remedy the limited applicability of standard theft statutes, most states and the federal government passed statutes making carjacking a separate offense    A taking occurs even if the true owner of the car remains in the car during the carjacking Discussion Question Article about carjacking http://www.crimedoctor.com/carjacking.htm     How did carjacking get the public’s attention? How common is carjacking? Where is carjacking most likely to happen? What should you do to prevent being carjacked? Home Invasion  Home invasion requires unlawful entry of the dwelling of another with intent to commit a crime, with persons present in the home, and the use of force or threat of force to commit a crime    In most states, a home invasion while armed with a dangerous weapon carries an increased penalty Home invasion robbery is robbery of persons inhabiting a dwelling  In some states, this difference means that a defendant can be convicted of both home invasion and another crime, such as armed violence during residential burglary, based on one unlawful entry  Other states hold that conviction of home invasion bars conviction of related crimes such as residential burglary based on one unlawful entry Home invasion is different from burglary in that the former enters when individuals are at home Sudden Snatching    Many states have added a “purse snatching” or “sudden snatching” statute that makes it robbery even if no additional force is used This addresses the use of force issue more clearly in that some force must be used to take property from another person, but the force does not go beyond that needed to accomplish the taking of the item Purse snatching and similar crimes are examples of this distinction because they require the use of some minimal force to take the property  Example: Taking a purse in possession is not robbery; the victim’s resistance if it is on his or her arm can make it robbery  Example: Grabbing the victim and turning them around to get at the purse is sufficient to make the crime robbery Robbery vs. Extortion   Under common law, extortion was committed by officials who demanded illegal fees for their services Modern codes make extortion any threat of harm in the future to force another to pay money or deliver other property  It differs from robbery in that robbery requires threat of immediate harm; extortion involves obtaining property by threats of future harm  Unlike robbery, a “taking” need not occur. An attempt to force the transfer is extortion  The threat may be to cause bodily harm, damage property, accuse the victim of committing a crime or other “disgraceful” secret, or in some states a residual category of “any threat that will not benefit” the actor  In cases of threats to file criminal charges or expose secrets. It is not a defense that the charges were true, or the secrets real Discussion Question A garage owner has tools and equipment stolen. A man calls the garage owner and tells him he can provide information concerning the location of the stolen goods, but will do so only if the owner pays him $200.  Does this threat qualify as extortion? Burglary  The common law definition of burglary (breaking into the dwelling of another at night to commit a felony) has been markedly changed in modern codes   Burglary today is generally defined as the unlawful entry into, or remaining in, a building with intent to commit a crime The common law elements, such as “dwelling” or “at night,” have in some states been retained as a basis for enhanced punishment of a burglary Unlawful Entry  “Unlawful” means both classic, forceful entry like breaking a window, and unprivileged entry  If a building is open to the public, or the defendant has the right to enter the building, it isn’t burglary, even if entry was to commit a crime  Example: A janitor, has a key to a building he enters regularly to clean. Using the key to enter the building to steal from the owner is not burglary  “Entry” is satisfied by any part of the burglar’s body or tools intruding into the building, even if momentarily. Burglary is not completed theft; it is the entry with intent to commit a crime  Using a small child to go through a small opening is “entry” by the adults using the child  Staying behind after a business closes is unlawful entry  Using an instrument to break the plane of a dwelling is entry “Of Another”   The common law required showing the dwelling was “of another,” mainly because the idea of burglary as a separate crime came from the notion of a person’s “natural right of a habitation” Modern statutes usually omit the “of another” language, using the “unlawful” entry to exclude entering one’s own home  One cannot “burgle” one’s own residence, even if entry is to commit a crime, since entry is privileged  Entry can become unprivileged, as when a person obtains a protective order denying access to residence to their spouse, or where landlord leases premises to tenant Intent to Commit a Crime Intent to Commit a Felony:  Part of the elements of burglary is the intent to commit a crime (or felony) therein. State statutes vary on the intent requirement  Common law burglary required proof of intent to commit a felony. Most states and the federal government have broadened this element of burglary  Some states now require that the state prove an intent to steal or commit a felony  Others provide that the intent must be to commit a crime (misdemeanor or felony)  Other state statutes specify crimes  Whereas still others require that an intent to commit a larceny or theft or other felony be shown  Some statutes say completing a crime in the building satisfies the intent requirement  With either, intent must exist at the time the building was entered, not formed after entry The Crime of Trafficking in Stolen Goods   The crimes of trafficking in stolen goods are defined by the statutes of each state and ordinarily include:  Receiving goods (a single act)  Concealing and possessing (continuing acts) goods  Buying and transferring goods Fencing Stolen Properly is also a crime.  A fence is a person who traffics in stolen property (receiving, concealing, possessing, buying, transferring, and so on)  A fence acts as a middleperson and pays the thief for stolen property, which the fence in turn attempts to merchandise at a profit Possession of Criminal or Burglary Tools   All states have statutes making the possession of criminal or burglary tools a criminal offense The usual elements of this crime are as follows:  The def ... 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