Unit 4 Seminar

1. Unit 4 Seminar Crime against Property, Habitation and Public

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

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

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

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

6. Larceny • 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? • 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? • Reckless exposure or substantial loss=permanently deprive element

7. Robbery • Common law • Larceny + Fear, force or violence • From the person or in the presence of the victim • 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.” Albert does not really have a gun. Robbery?

8. Embezzlement • Embezzlement • The fraudulent conversion or misappropriation • Of the property of another • By one who is already in lawful possession. • Distinguish from larceny • Lawful possession v. custody • Need specific intent to defraud • 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

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

10. 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? • 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?

11. White Collar Crimes • 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. • Computers • Financial statements • Non-Violent • Crime of social position • Doctors • Lawyers • Executives

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