Unit 4 SeminarUnit 4 Seminar

Crime against Property, Crime against Property, Habitation and PublicHabitation and Public

Topics of Discussion Topics of Discussion

Burglary Burglary LarcenyLarceny Robbery Robbery Embezzlement Embezzlement Larceny by trick Larceny by trick Theft by False Pretenses Theft by False Pretenses White Collar Crimes White Collar Crimes

BurglaryBurglary 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 With the intent to commit a felony or larceny

therein 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 With the intent to commit a felony or theft

therein therein

Burglary Burglary

Breaking- What does this consist of Breaking- What does this consist of under common law? Modern Law? under common law? Modern Law?

Entry-Common law? Modern law? Entry-Common law? Modern law? Intent-When can one form the Intent-When can one form the

intent? Depends!intent? Depends! Felony-What types of felonies? Felony-What types of felonies?

Larceny (theft)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 With the intent to permanently deprive the owner

thereof. thereof. Modern Law Modern Law

The taking The taking And carrying away And carrying away Of property (personal property, services and Of property (personal property, services and

intangibles)intangibles) Of another Of another With the intent to permanently deprive the owner With the intent to permanently deprive the owner

thereof.thereof.

LarcenyLarceny

Hypos: Hypos: Albert borrows Bob’s car, but does not tell Bob Albert borrows Bob’s car, but does not tell Bob

that he borrowed his car. Albert plans on that he borrowed his car. Albert plans on returning it later in the day, and does not intent to returning it later in the day, and does not intent to steal the car. However, Albert grows to love Bob’s steal the car. However, Albert grows to love Bob’s car and does not return the car. Is this theft? car and does not return the car. Is this theft?

Doctrine of Continuing TrespassDoctrine of Continuing Trespass Albert is jealous at Bob for purchasing a new Albert is jealous at Bob for purchasing a new

Bentley. Albert, sees Bob’s Bentley and pushes it Bentley. Albert, sees Bob’s Bentley and pushes it off a cliff, destroying the car. Theft? off a cliff, destroying the car. Theft?

Reckless exposure or substantial loss=permanently Reckless exposure or substantial loss=permanently deprive elementdeprive element

RobberyRobbery Common law Common law

Larceny + Fear, force or violence Larceny + Fear, force or violence From the person or in the presence of the victimFrom the person or in the presence of the victim

Can someone be charged with Larceny and Robbery? Can someone be charged with Larceny and Robbery? Double jeopardy? Double jeopardy?

Albert sees Bob walking down the street and holds a Albert sees Bob walking down the street and holds a gun to Bob’s back. Bob does not see Albert, but gun to Bob’s back. Bob does not see Albert, but hears Albert say, “I have a gun. Give me your wallet hears Albert say, “I have a gun. Give me your wallet or I will shoot you.” Robbery?or I will shoot you.” Robbery?

Albert sees Bob walking down the street and holds a Albert sees Bob walking down the street and holds a gun to Bob’s back. Bob does not see Albert, but gun to Bob’s back. Bob does not see Albert, but hears Albert say, “I have a gun. Give me your wallet hears Albert say, “I have a gun. Give me your wallet or I will shoot you.” Albert does not really have a or I will shoot you.” Albert does not really have a gun. Robbery?gun. Robbery?

Embezzlement 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 A third party gives property directly to an

employee for the benefit of its employer or employee for the benefit of its employer or Where the employee is in a high level Where the employee is in a high level

position position

Larceny by Trick v. False Larceny by Trick v. False PretensesPretenses

Larceny by trick Larceny by trick The defendant obtains The defendant obtains possession 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 The he/she knows is false at the time he takes

possession. 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 Which causes the victim to pass titletitle to his/her to his/her

propertyproperty 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 Larceny by Trick v. False Pretense Pretense

Go into a department store and change Go into a department store and change the price tag from $50.00 for a shirt, to the price tag from $50.00 for a shirt, to $20.00 for a shirt. Larceny by trick or $20.00 for a shirt. Larceny by trick or False Pretense? False Pretense?

Driver goes to gas station, and tells Driver goes to gas station, and tells attendant to “fill it up with unleaded.” attendant to “fill it up with unleaded.” Attendant places ten gallons into Attendant places ten gallons into driver’s tank. Driver then drives off driver’s tank. Driver then drives off without paying. Larceny by trick or without paying. Larceny by trick or false pretense? false pretense?

White Collar Crimes White Collar Crimes What qualifies? What qualifies? Usually a crime of theft conducted within Usually a crime of theft conducted within

the scope of a business using tools and the scope of a business using tools and resources within his/her employment to resources within his/her employment to avoid detection. avoid detection. Computers Computers Financial statements Financial statements Non-Violent Non-Violent

Crime of social positionCrime of social position Doctors Doctors LawyersLawyers Executives Executives

White Collar Crimes White Collar Crimes

Examples Examples Securities fraudSecurities 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?