Chapters 10 and 11

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Chapters 10 and 11 Crime and Law – Nilsen

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In tort video assignment,I learnt much principle of law and I know well about trespass to the person. Throughout the acting of the video, I understand about the element of tort including battery,assault and false imprisonment. With the case law provided, I can know that the liability of a person towards his/her wrongful act. I have learnt how to cooperate with my group members while presenting the video. I communicate a lot with my classmates as we can discuss about the acting part of the video. I also learnt how to combine the scene of the acting part to a video and video editing too. It is a great experience and this will help me to prepare myself for future career purpose. I become more self-independent while given the task that perform my job individually and have higher self-confidence while I can project the elements of tort for example as a defence I kicked one of my group members.

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Overview Now more than ever, persons have an abundance of property to protect. Criminal statutes include property crimes such as theft, burglary, arson, and computer crimes. Although the elements of the offenses vary, each involves the unauthorized taking of real, tangible, or intangible property. The various property crimes and variations of crimes include lesser or aggravated offenses. Introduction The crime of theft is characterized by several different terms, including acquisitive offenses, wrongful acquisition, and misrepresentation. To increase your understanding of theft offense, it is important to understand the elements of larceny and the different types of property. Defining Theft Theft is conduct that unlawfully deprives someone of their property. Let's examine the different terms that describe the types of conduct constituting theft. · Acquisitive offenses · Wrongful acquisition crimes · Crimes of misrepresentation Larceny is the common law crime of theft. Today’s state criminal statutes have particularized the crime of theft in various ways. The common law elements of larceny are as follows: · Mens Rea: · · The intentional and unlawful · Actus Reus: · · Taking of another’s personal property with intent to keep it Larceny generally consists of garden variety theft. If, for example, the defendant sees a wallet in an unsupervised purse and takes it, the person is guilty of larceny. Elements of Larceny Today’s criminal statutes generally codify four elements for larceny: · Intentionally and unlawfully (or wrongfully) · Taking (or carrying away) · The property of another · With the intent to keep (as opposed to borrow) Let's examine three types of property: · Tangible property · Real property · Intangible property Property of Another: Grand Larceny (felony) is differentiated from petit larceny (misdemeanor) by the market value or special characteristic of the object taken. Example: the theft of firearms constitutes grand larceny. 6 of 43 Unlawful Taking For the crime of larceny, the person must intentionally and unlawfully take the property of another. Let’s examine the element of unlawful taking or trespassory taking. Trespassory taking is “taking without consent.” The scope of consent is examined, and if it is determined that the defendant's conduct went outside the boundaries of consent, then the defendant may be guilty of larceny. The word taking, or asportation, means the carrying away of an object. The element of asportation in criminal larceny statutes incorporates the loss of the value or access caused by the defendant's conduct. If a bailee is entrusted with goods that are intentionally destroyed or sold for profit without consent, that individual is guilty of larceny. To be considered intentional, the act or conduct must include the intent to steal; therefore warehouse attendants who accidentally, recklessly, or negligently destroy or lose the bailer’s items are not guilty of a criminal crime. However, they may be .

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obbery is defined as the taking of the personal property of another by force or threat of force. Robbery needs the same attendant circumstances as other property crimes such as larceny and extortion. The suspect must have stolen the property of another and must have obtained the property against the victim’s will and without their consent. Also, according to the Model Penal Code, the property must be taken from the victim’s person or presence. The Model Penal Code requires force or threat “in the course of committing a theft” and defines this as occurring in “an attempt to commit theft or in flight after the attempt or commission” (Model Penal Code § 222.1(1)). The suspect must have the specific intent to commit the criminal act of depriving the victim of their personal property. The Model Penal Code grades robbery as a felony of the second degree. This can be aggravated based on the use of weapons and the extent of bodily injury (Cal. Penal Code § 1192.7, 2011). Therefore, with these facts in mind. I believe that the suspect would be charged with robbery because he intended to deprive the people of their money. He eventually did not leave with any money. However, I would still go with the robbery charge because he stole the chicken wings, and the people at home may have felt forced to give him more food. Even though he holstered his weapon, the people were still in fear that he may hurt them. I do no believe he could argue that he abandoned his criminal act because he ate the chicken wings before apologizing and putting the gun in his belt. Even though he intended to get money, the criminal act of going to the home, threatening force, and taking anything belonging to another person is enough for a robbery charge. respond to this discussion question in 150 words .

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