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W7: Crimes Against Persons and Property

W7: Crimes Against Persons and Property

Q The following discussion comes from your week 7 readings. Outside research to address these issues is encouraged. I would suggest using the online library for additional sources of information and research. In addition, I would recommend utilizing the legal studies program guide. Please remember to cite your references. Mary ran a watch repair shop. A customer brought her a very unusual and costly watch to repair. Mary knew that she could not fix the watch, but out of curiosity she wanted to inspect it. Therefore, she told the customer that she could do the job and took the watch. Michael rented the shop and also an apartment above the shop to Mary. That night as Michael happened by, he saw a light on in the shop and finding the door unlocked, decided to investigate. While looking around the shop, Michael spotted the watch. Supposing that the watch belonged to Mary, and recalling that she was much behind in her rent, Michael decided to take the watch and keep it until Mary paid. Just as Michael was leaving the shop, Mary entered. Afraid of an altercation, Michael tossed her the watch and ran out. He was already well beyond throwing distance when Mary, by now enraged, picked up a heavy pendulum weight and hurled it at Michael. The weight fell harmlessly to the ground. Using the Model Penal Code- Answer the following: Did Mary commit Embezzlement, Theft, Larceny or Robbery with respects to the watch? Discuss why. Remember to support your position. Did Mary commit an Assault, a Battery or an “Assault and Battery” against Michael? Discuss why. Remember to support your position.

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The Model Penal Code § 223.3(1) describes embezzlement as “creates or reinforces a false impression, including false impressions as to law, value, intention or other state of mind” and in the case of Mary, she did it by taking the watch under the impression that she can repair it. She had no idea how to repair the watch but she falsely interpreted that she has the capability of repairing the watch she committed embezzlement. It can also be considered as an embezzlement theft as “When the defendant steals by conversion, the theft is generally an embezzlement theft (“11.1 Nonviolent Theft Crimes”, n.d.). In the case of Mary, she kept the watch out of curiosity without any intention to steal it and thus MPC § 223.3(1) can be applied here