Robbery is defined as the taking of cash, personal property, or any other article of value from a person by means of force or fear (Miller & Jentz, 2008). Aggravated robbery would be defined in the same way except the use of a deadly weapon is involved (Miller & Jentz, 2008). Both robbery and aggravated robbery are considered as violent crimes. By Sarah holding Makoto at gunpoint, she inflicted force and fear into him with a deadly weapon. The third situation states: While passing Makoto’s house one night, Sarah sees a laptop computer on a desk near a window.
The threats must be directed at the commission of a particular offence: In R v Coles [1994] Crim LR 582, the defendant was charged with committing a number of robberies at building societies. At his trial he sought to adduce evidence that he had acted under duress. The basis for the defence was that he had owed money to money-lenders who had threatened him, his girlfriend, and their child with violence if the money was not repaid. The trial judge ruled that the facts did not give rise to the defence as the threats had not been directed at the commission of a particular offence, but
The offence of theft is defined in section 1(1) of the Theft Act 1968, which states that an individual is guilty of theft if they dishonestly appropriate property belonging to another with the intention to permanently deprive the other of it. The maximum conviction for theft is 7 years. The actus reus of theft is appropriation of property belonging to another. Appropriation is defined in section 3(1) Theft Act 1968 as assuming the rights of an owner. Section 4(1) of the Theft Act states that property includes money and all other property, including things in action and intangible property.
This situation would be considered burglary because it consists of many factors that define burglary such as breaking and entering a building with intent of committing a felony; in this case the felony was stealing the laptop. (Miller & Jentz) References: Miller, R. L. & Jentz, G. A. (2010). Fundamentals of Business Law: Summarized Cases (8th ed.). Mason, OH: South-Western Cengage
The Weeks case pertained to an appeal by a defendant who was convicted of transporting lottery tickets through the mail. The conviction was based on evidence gathered after law enforcement officers searched the defendant’s home without a warrant and seized the evidence illegally. The defendant’s conviction was overturned by the Supreme Court and this created what we now know as the exclusionary rule. It was in the case of Mapp v. Ohio, 367 U.S. 643 (1961), that the Supreme Court made the rule germane to the states. Justice Day said, "The tendency of those who execute the criminal laws of the country to obtain convictions by means of unlawful searches and enforced confessions .
The problems caused by the Patriot Act are affecting ordinary civilian, especially legal immigrants. This law authorizes of indefinite detentions of immigrants; law enforcement officers search a home or business without the owner’s or the occupant’s permission or knowledge; allows the FBI to search telephone, e-mail, and financial records without a court order. Most of the Act only affects to the immigrants. Martin Luther King Jr. writes, “An unjust law is a code that a majority inflicts on a minority that is not binding on itself” (par. 15).
Criminological Theory: Explaining Crime Within the field of criminology, a number of theories exist that attempt to explain why some people commit crime. This essay will look at how the subcultural theories and control theories try to explain why some people commit the specific crimes of shoplifting and theft offences other than burglary. Statistics for these offences are categorised by the Home Office under the heading ‘other theft offences’, which includes “a range of offences, including shoplifting and abstraction of electricity” and does not include burglary, theft of a motor vehicle or theft from a motor vehicle (Home Office, 2011, p. 7). In the 12 months leading up to December 2010 there were 1,057,720 instances of ‘other theft offences’ recorded in the UK, a 1% increase on the previous year’s statistics (Home Office, 2011, p. 7). In the same time frame 28,818 ‘other theft offences’ were recorded in the local authority of Portsmouth, a decrease of 4.5% on the previous year (Home Office, 2011).
(Count XIV). 3) The rule of law I found most prevalent in this case is the fictitious payee rule, since the checks signed by Bucci never made it to the intended payee. The bank should be held liable for EES losses because under the Ultramares doctrine the third party is held liable for its negligence. 4) In 1997 Greenawalt allegedly began stealing money from EES by altering checks and altering the company’s financial records to conceal the fraud. Greenawalt altered the checks by erasing the name of the payee after Bucci had signed the check and writing in her own name, or making the check out to “Cash.” 5) I think the court made a fair decision on this case to partially dismiss some
Criminal behavior would all be situational are we assuming that I’m a law abiding normal citizen or what. If this is pertaining to the me here and now then these factors are kind of pointless to make most of them minus the drug issue. Then again what types of criminal behavior are we talking is it j-walking shoplifting grand theft auto or anything like these. Honesty and dishonesty are always factors in self-report studies simply because when someone lies or is dishonest on a self-report study they then jeopardies the whole study there is no real way to tell if someone is telling the truth on a study or just simply filling in the blanks the way they think that someone would like them filled
1 Unit 5 D B Crime Rates Uniform Crime Report (UCR) one of the earliest national measures of crime incepted in 1929. This Reporting system is used by local and law enforcement officials to report part I offenses. The Hierarchy Rule is a major setback of the UCR system. (Cordner, 2011) The hierarchy rule means simply that if there were multiple offenses committed by an offender at the Same time then the controlling crime (the worst offense) would be reported. For example, If a suspect broke into a home, robbed a victim and assaulted another individual and then murdered Them both.