State v. Gordon Supreme Court of Maine (1974)

1
State v. GordonSupreme Court of Maine (1974)
Im taking your car, but Ill take care of it
and get it back to you as soon as possible.
2
What is a specific intent crime?

• A crime that requires proof of the commission of
  an actus reus, plus a specialized level on
  knowledge or an additional intent, such as an
  intent to commit a felony.

3
Possession of a Controlled Substance with Intent
to Distribute
4
Of what legal relevance is Defendants statement
We intended to abandon the car?

• This misunderstands the concept of specific
  intent to deprive. Just because one does not
  intend to keep a stolen item forever, does not
  mean that it does constitute a crime.

5
What is meant by The law evaluates animus
furandi from the perspective of the propertys
owner rather than the taker.

• The crime of Robbery is based on depriving a
  victim of their legally protected interest in
  property and not on the nature or duration of the
  gain (lucri causa) to the taker.

6
If you borrowed a friends car without them
knowing it, what would you have to prove to beat
the charge of auto theft?

• There must be proof of intent to return. If you
  leave it to chance that the owner might get it
  back, then that constitute a permanent taking
  under the law.

7
Why did the Supreme Court of Maine affirm the
conviction of Gordon?

• The defendants argued that they were not guilty
  of vehicular robbery in that they told the owner
  that they were just borrowing his car and thus
  did not mean to permanently deprive him of it.
  The S.C. of Maine rule that lack of intent to
  return is specific intent to permanently deprive.