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THEFT

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If bartender was 'entrusted with the money' could this be embezzlement? Mistake of fact defense? ... What if bartender discovered error but still refused to ... – PowerPoint PPT presentation

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Title: THEFT


1
THEFT
  • CHAPTER 10

2
ASSIGNMENT DUE
  • Read Ch 10 Theft.
  • Research the issue of Identity Theft. Write a
    one page paper on I.D. Theft.
  • What is it?
  • How widespread?
  • Does Arizona have any laws directly addressing
    I.D. theft?

3
DISCUSSION GROUPS
  • In groups of two students do one discussion
    question on pp. 189-190 text.
  • Write an explanation of your reasoning in answer
    to the problem and be prepared to present your
    explanation to the class.

4
Question 1
  • Was the security guard in possession of the
    contents of the store or did he have custody and
    control?
  • Why does this make a difference?
  • Could Burglary be a proper charge?

5
Question 2
  • Did defendant commit a Larceny? Was there a
    trespassory taking? Was the property given to
    him?
  • Did Smith give up the property willingly?
  • Were there false pretenses? Any misrepresentation
    of past or present fact?
  • Did Smith retain ownership until paid for? If
    so, what charge?

6
Question 4
  • What must be shown in order to charge Larceny?
  • What about intent?
  • Any charge available?

7
Question 3
  • What specific intent is required? Is it present?
  • Why not embezzlement?
  • If the hotel abandoned the property, who is the
    owner?
  • Any charge?

8
Question 5
  • What about a trespassory taking?
  • If bartender was entrusted with the money could
    this be embezzlement?
  • Mistake of fact defense?
  • What if bartender discovered error but still
    refused to return?

9
Question 6
  • What are elements? What facts meet elements?
  • Any defense? Mistake?
  • What intent?

10
Question 7
  • Has a crime been committed?
  • What about Larceny by trick?
  • What about Fraud?

11
Theft
  • Review Arizona Theft Statutes.
  • Do any of the previous question results change
    under Arizona theft law?
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