Unit 4 Seminar Crime against Property, Habitation and Public

Topics of Discussion Burglary Burglary Larceny Larceny Robbery Robbery Embezzlement Embezzlement Larceny by trick Larceny by trick Theft by False Pretenses Theft by False Pretenses White Collar Crimes White Collar Crimes

Burglary Common Law Common Law Breaking and entering Breaking and entering Of dwelling house of another Of dwelling house of another At nighttime At nighttime With the intent to commit a felony or larceny therein With the intent to commit a felony or larceny therein Modern Law Modern Law Breaking and entering Breaking and entering Of a dwelling (home, car, boat, etc.) Of a dwelling (home, car, boat, etc.) With the intent to commit a felony or theft therein With the intent to commit a felony or theft therein

Burglary Breaking- What does this consist of under common law? Modern Law? Breaking- What does this consist of under common law? Modern Law? Entry-Common law? Modern law? Entry-Common law? Modern law? Intent-When can one form the intent? Depends! Intent-When can one form the intent? Depends! Felony-What types of felonies? Felony-What types of felonies?

Larceny (theft) Common Law Common Law Trespassory taking Trespassory taking And carrying away And carrying away Of the tangible personal property Of the tangible personal property Of another Of another With the intent to permanently deprive the owner thereof. With the intent to permanently deprive the owner thereof. Modern Law Modern Law The taking The taking And carrying away And carrying away Of property (personal property, services and intangibles) Of property (personal property, services and intangibles) Of another Of another With the intent to permanently deprive the owner thereof. With the intent to permanently deprive the owner thereof.

Larceny Hypos: Hypos: Albert borrows Bob’s car, but does not tell Bob that he borrowed his car. Albert plans on returning it later in the day, and does not intent to steal the car. However, Albert grows to love Bob’s car and does not return the car. Is this theft? Albert borrows Bob’s car, but does not tell Bob that he borrowed his car. Albert plans on returning it later in the day, and does not intent to steal the car. However, Albert grows to love Bob’s car and does not return the car. Is this theft? Doctrine of Continuing Trespass Doctrine of Continuing Trespass Albert is jealous at Bob for purchasing a new Bentley. Albert, sees Bob’s Bentley and pushes it off a cliff, destroying the car. Theft? Albert is jealous at Bob for purchasing a new Bentley. Albert, sees Bob’s Bentley and pushes it off a cliff, destroying the car. Theft? Reckless exposure or substantial loss=permanently deprive element Reckless exposure or substantial loss=permanently deprive element

Robbery Common law Common law Larceny + Fear, force or violence Larceny + Fear, force or violence From the person or in the presence of the victim From the person or in the presence of the victim Can someone be charged with Larceny and Robbery? Double jeopardy? Can someone be charged with Larceny and Robbery? Double jeopardy? Albert sees Bob walking down the street and holds a gun to Bob’s back. Bob does not see Albert, but hears Albert say, “I have a gun. Give me your wallet or I will shoot you.” Robbery? Albert sees Bob walking down the street and holds a gun to Bob’s back. Bob does not see Albert, but hears Albert say, “I have a gun. Give me your wallet or I will shoot you.” Robbery? Albert sees Bob walking down the street and holds a gun to Bob’s back. Bob does not see Albert, but hears Albert say, “I have a gun. Give me your wallet or I will shoot you.” Albert does not really have a gun. Robbery? Albert sees Bob walking down the street and holds a gun to Bob’s back. Bob does not see Albert, but hears Albert say, “I have a gun. Give me your wallet or I will shoot you.” Albert does not really have a gun. Robbery?

Embezzlement Embezzlement Embezzlement The fraudulent conversion or misappropriation The fraudulent conversion or misappropriation Of the property of another Of the property of another By one who is already in lawful possession. By one who is already in lawful possession. Distinguish from larceny Distinguish from larceny Lawful possession v. custody Lawful possession v. custody Need specific intent to defraud Need specific intent to defraud A third party gives property directly to an employee for the benefit of its employer or A third party gives property directly to an employee for the benefit of its employer or Where the employee is in a high level position Where the employee is in a high level position

Larceny by Trick v. False Pretenses Larceny by trick Larceny by trick The defendant obtains possession The defendant obtains possession Of personal property of another Of personal property of another By means of a representation or promise By means of a representation or promise The he/she knows is false at the time he takes possession. The he/she knows is false at the time he takes possession. False Pretenses False Pretenses A false representation of A false representation of A present or past material fact by the defendant A present or past material fact by the defendant Which causes the victim to pass title to his/her property Which causes the victim to pass title to his/her property To the defendant To the defendant Who knows his/her representation to be false Who knows his/her representation to be false And intends thereby to defraud the victim And intends thereby to defraud the victim

Larceny by Trick v. False Pretense Go into a department store and change the price tag from $50.00 for a shirt, to $20.00 for a shirt. Larceny by trick or False Pretense? Go into a department store and change the price tag from $50.00 for a shirt, to $20.00 for a shirt. Larceny by trick or False Pretense? Driver goes to gas station, and tells attendant to “fill it up with unleaded.” Attendant places ten gallons into driver’s tank. Driver then drives off without paying. Larceny by trick or false pretense? Driver goes to gas station, and tells attendant to “fill it up with unleaded.” Attendant places ten gallons into driver’s tank. Driver then drives off without paying. Larceny by trick or false pretense?

White Collar Crimes What qualifies? What qualifies? Usually a crime of theft conducted within the scope of a business using tools and resources within his/her employment to avoid detection. Usually a crime of theft conducted within the scope of a business using tools and resources within his/her employment to avoid detection. Computers Computers Financial statements Financial statements Non-Violent Non-Violent Crime of social position Crime of social position Doctors Doctors Lawyers Lawyers Executives Executives

White Collar Crimes Examples Examples Securities fraud Securities fraud Wire Fraud Wire Fraud Money Laundering Money Laundering Insider trading Insider trading Can a corporation be guilty of a crime? Can a corporation be guilty of a crime?