Week 7 Discussion 2

Define the elements of the crime of theft, and four ways that “taking” can be proved. Provide an example for each.

Excerpt and referenced from Criminal Law, Gardner/Anderson, 11th edition Page 349 – 353

The crimes of theft (aka theft or larceny) is the unlawful taking of property of another or that is not yours with the intent of depriving the true owner of their right to possession of retainship.

The four ways of “taking” and explanation of how they can be proved are as follows:

1. Direct acts of taking – are when a thief takes physical possession of another’s property.

Actions to prove are car theft – A thief caught in possession of a vehicle not his/her by the police.

2. Appropriating lost or mislaid goods or goods delivered by mistake – A taking may occur where the initial physical possession of the property of another is not unlawful but where the person in possession acts in a manner showing an intent to deprive the owner of ownership rights.

Actions to prove – Lost of a money order signed by owner (or purchaser but the payee line was left blank)…a trace ran and recipient of stolen funds located and traced by name signed, face and description captured on camera and also relayed location where money order was cashed.

3. By deception – The owner of property may be deceived by false representations that cause the owner to give up possession of the property.

Actions to prove – Case of online swindle – interaction through mail – proposition to buy furniture listed in online ad – solicitor or proposed buyer relayed that the money order amount ($500) was more than the furniture cost ($150) and the that the seller could relay the difference to him/her and wire the fund to him/her. Sting operation would entail having a police officer there to arrest him/her (just hold funds until the police can arrive at the scene).

4. Embezzlement – Consists of employees taking from an employer funds (monies and property) that don’t belong to them.

Actions to prove – Hidden cameras located around any monetary assets or easily disposed of acquisitions that could be sold easily.

Accounting of activity reflected shortage of funds…watching of detailed imagery of transactions revealed employee 1 and employee 2 stuffing paper assets, monetary funds in purse and pockets.

Describe the types of laws that have been passed to assist business owners in dealing with the issues involved in shoplifting situations, and discuss whether or not theft against a retailer is worthy of a police officer’s time to investigate.

The types of laws that have been passed to assist business owners in dealing with the issues in shoplifting situations are:

1. Probable Cause Requirement – Allows a suspected shoplifter to be stopped, questioned and searched.

2. Shoplifting laws and procedures to follow if applicable in state. (Shoplifting Detention Acts).

If a genuine case of shoplifting has been authenticated a policeman would have to do a quick investigation, apprehend the suspect and take him/her in to jail to be processed.

Thank you.

Felicia