Discussion Question 12: Identity Theft

 In the textbook, identity theft can lead to stealing a real person’s identification information (true name) or theft based on creating a fictitious person’s identification (synthetic identity) (Criminal Law ch15, p 439). There are some ways to protect the causation of identity theft are 1) keep an eye open for missing mail, as a change of address filed by a clever thief will send bills and credit card statements to another address; 2) reveal only such personal information as is necessary; and 3) check your credit file every year or two to make sure a thief is not borrowing money in your name. In the zoom presentation, identification theft including true name identity theft and synthetic identity theft (zoom presentation 15, 21:50). For instance, tax identification theft can cause an error to appear on debts or cause any misleading information on a tax report for one to fall into a fraulant trap. The Social Security office always suggests the residents should not bring Social Security Identification cards out of the door every day.  

Extra Credit: Larceny/Theft

 Chiuying Perng

Missy Cunningham

ADJU 3

CRN 22512

11. 10. 23

Extra Credit(theft/ larceny)

Larceny theft which people usually conceal taken from supermarkets or retail stores of shoplifting. "The elements are a taking and carrying away, of the property of another, without consent, and with intent to deprive the owner of possession of the property. (zoom 28:31)".

A topical theft or larceny statute would require 1) taking of 2) property of another with 3) intent to deprive the owner of possession thereof.

In the textbook, it states that "if the property has been abandoned or if the owner of the property cannot be located, then theft or larceny cannot be proved. Abandonment has been defined as the relinquishment or surrender of property or the rights to property" (Criminal Law, p381).

Since in this case, the carpet appeared out of one residence's door, it was probably still wet. Based on the condition, the information supports the claims the carpet was not abundant based on the usage and condition of the carpet. Some people will assert the carpet was from a valid owner because of the carpet's appearance of usage and depreciation and the owner can be located with a prove from the court; however, it was not really with a label show who owns it or will be part of abundant or not. This would be a reason to assert it was unable to prove ownership and abundant because of no custodian or Mens Rea of absence. As the first sentence saying, from ch13 zoom presentation, if a property had be abundant, then a defender unlawfully taking and carrying away that property can not be guilty of larceny/ theft. 

Lab Activity 10: Larceny; Burglary; Robbery and Related Crimes

 Chiuying Perng

Missy Cunningham
ADJU3
CRN #22512
11. 10. 23
Lab Activity 10
1. According to the course materials, what are the elements of Larceny?
The element of Larceny includes: A) The property must be belongs to another 1)
owner’s consent, 2) found property, 3) spouses not a single entity 4) joint owners B)
Identification of property C) Abandoned property (zoom presentation ch13, 29:00)
asportation, moving something in a manner, The types can be separated in direct,
like lost or in an indirect way lost and mislaid goods, trick, deception, or fraud, or
embezzlement
The elements of Shoplifting including:
A taking and carrying away
Of the property of another

Without consent and
With intent to deprive the owner possession of the property.
2. According to the course materials, what are the element of burglary (modern)?
The element of burglary includes:
No force involved.
In common law:
Referring to the zoom presentation, breaking and entering, a dwelling, of another, at
night, and with intent to commit a felony.
In modern burglary elements: unlawful entry, of any structure, with intent to commit a
theft or any felony inside.
3. According to the course materials, what are the elements of robbery?
The element of robbery includes: taking and carrying away, the property of another,
and from the person or in the person’s presence. By use of force against the person,
by threatened use of immediate force, with the intent to permanently deprive another
of possession of the property.
“Use of force” element force must be used “in the course” of the theft.

“threat of force” element: only needed if there is no actual force, threat must be of
immediate harm.
Simple robbery (strong arm) or mugging, also called object approach, no weapon is
used. requires that
Aggravated robbery (armed)
4. According to the course materials, what are the elements of carjacking?
The element of carjacking of forcibly taking of, a motor vehicle, in the possession of
another. From person or in person’s immediate presence, against their will, with
intent to deprive them of motor vehicle, and accomplished by force or fear. (zoom
presentation ch14, 14:00) For carjacking in court, one do not need to prove a motive
in order to establish a carjacking but good information to know and a lot of times it’s
easier for juries to convict if they actually do know the motive. It is to acquire
transportation away from the scene after they robbed the driver to get away from
another crimes as mentioned just before, they want to sell the car for cash they want
to trade the car for drugs or they’re just looking for temporary transportation.
Scenario 1 (Interrogation):
Alice is suspected of committing a series of burglaries that occurred in a neighborhood
near her home during the summer of 2018. A crowbar was found on the front lawn of

one of the burglarized homes. Fingerprints were taken, but no matches were found in
any database. Police suspect the fingerprints belong to Alice, but she is not in the
database as she has never been arrested before. Officers asked Alice to come to the
station voluntarily to answer questions. Alice agreed to do so. The interrogation occurs
at the police station.
Answers:
There are view points can assert that Alice was innocence based on alibi or insufficient
evidences. According to the statement Alice did not have any record of fingerprint in the
database; besides, the crowbar was found on the front lawn of one of the burglarized
homes that was no show who found it and where has the leads can be used to
recognize the suspect. If Alice can prove the time when the start of the crowbar missing
until it was found, this can prove her alibi to prove beyond doubt.
Scenario 2 (Interview victim):
Patty is a 37-year-old female who has been married to her husband, Ted, for 18 years.
They have 2 small children (Adrian 6, Allison 5). Patty called police (she’s never called
them before) reporting that Ted stole her vehicle and money from her. Police are
dispatched to the couple’s home at 1:30am. Ted is not there. Police interview Patty at
her home.

Answer:
In the zoom presentation ch14, modern burglary elements are including unlawful
entry, of any structure, with intent to commit a theft or any felony inside. In this case,
they are married couple and have two children. The husband taken the wife’s money
and car without permission or consent; however, he will return and for personal use.
It will not result in a burglary or larceny because his intension is not to cause a
felony or use in criminal activities. However, since he did not use force, it can be a
theft if the female household asserts that were cheating or any unlawful and
unwilfully reasons involved.
Scenario 3 (interrogation):
At 11:30 pm, police were dispatched to a local musical instrument store in response to a
911 call reporting “two suspicious men acting suspiciously” in the vicinity of the store.
The store had been closed for business since 4:00 p.m. that day. Upon arriving at the
scene, police see two men wearing backpacks emerging from a side entrance of the
building. One officer announced herself as a police officer and ordered the men to
freeze. The men immediately started running. After a brief chase, officers found one of
the men, Jim Doyle, hiding behind the dumpster of a nearby McDonald’s. The other
man was not found.

Answers:
The defendant can assert their Miranda rights while arrested or asked for pat down;
however, the officer can use due process to ask the men for the reason of his running
in order to hold accountable for the unforeseeable results of their actions and word
based on constituted an interrogation, 219 N.C. App at 59.
Scenario 4 (Interview eyewitness):
While on patrol, police receive a call of a young male with a hand gun who is pointing
the gun at cars that drive by. As police approach the area, they are flagged down by a
female who states that she saw a young man holding a gun near a park entrance.
Police interview the female where she flagged them down.
Answer:
There was a report call from a female because she and her friends facing someone
used a handgun pointed them while they were in a car. The disclose is not clear but the
young man was trying to do something against them, like robbery, or anything else. He
was stopped after she flagged them down. The location where near by a park entrance
was inappropriate to use a handgun, so it will not be an offense. The suspect was
attempt robbery and bear armed that was obvious.

Case Brief 8 (Lopez)

Comments   Facts

You have information that is not from the version of the case that I gave you. DO NOT use online versions of the case (or case briefs) to complete this assignment. It is to be completed based ONLY on the version of the case provided to you.

Provide the court's description of what happened and what the defendant was convicted of based on the case you were given.

Do not include any information about the appeal in this section.

Comments  Reasoning

The first two paragraphs are reasoning. However, the second paragraph needs to be presented using the exact same language and formatting used by the court.

The last paragraph is reasoning, but it's incomplete. You need the entire paragraph. Additionally, more reasoning is required. First, there's another sentence that discusses how California courts have dealt with robbery's taking element. Second, there's a paragraph that discusses judicial construction of the statute.

 Chiuying Perng

Missy Cunningham
ADJU3
CRN 22512
Case Brief 8
The People v.s. Daneil Sapien Lopez
Fact:
On July 1, 1999, Wa Vue Yang was seated inside his van in a parking lot
when defendant approached him and offered to sell him a watch. When Yang
replied that he had a watch, defendant pulled out a gun and shot at the ground. He
pointed the gun at Yang and ordered him out of his van. Yang complied, but left
his keys in the ignition. Defendant sat in the van and threw his backpack onto the
passenger seat. As Yang began to leave, he remembered that he had left some
checks inside the van. Deciding that defendant’s weapon was an air gun, Yang’s
fear subsided. He returned to the van to retrieve his checks. Defendant pointed his
gun at Yang and pulled the trigger twice, but the gun did not fire. Defendant fled
from the van and left his backpack, containing identification, in the van.
Defendant committed a series of other unrelated crimes. After a court trial,
the trial court found defendant guilty of multiple felony offenses, including
carjacking (§ 215, subd. (a)) for the criminal activity against Yang (count V).
Under the three strikes law (§§ 667, subds. (b)-(i), 1170.12, subds. (a)-(d)), the
court imposed a lengthy term of imprisonment.
The Court of Appeal affirmed the carjacking conviction. It rejected
defendant’s claim that, because the vehicle had not been moved or the engine
started, there was insufficient evidence of a completed carjacking and he was guilty

only of attempted carjacking. Determining that carjacking and robbery are not
analogous crimes, the court held that actual movement of a motor vehicle is not
required to complete the offense of carjacking. We granted review to settle the
conflict between this case and People v. Vargas (2002) 96 Cal.App.4th 456
(Vargas), which held that carjacking requires movement of the vehicle because
robbery is an analogous statute and it requires movement of the property taken.
Issue:
Does the felonious taking element of the crime of carjacking, like robbery, require asportation
or movement of the motor vehicle?
Holding: The felonious taking element of the crime of carjacking, like robbery, requires the
asportation or movement of the motor vehicle.
Reasoning:
Carjacking is defined as“the felonious taking of a motor vehicle in the possession of another,
from his or her person or immediate presence, or from the person or immediate presence of a
passenger of the motor vehicle, against his or her will and with the intent to either
permanently or temporarily deprive the person in possession of the motor vehicle of his or
her possession, accomplished by means of force or fear.” (§ 215, subd. (a), italics added.)
Penal code 211: Robbery is defined as "the felonious taking of personal property in the
possession of another, from his person or immediate presence, and against his will,
accomplished by means of force or fear"
The crime of carjacking requires the “felonious taking” of a motor vehicle. (Pen. Code §
215.) Similarly, the crime of robbery requires the “felonious taking” of personal property. (§
211.) California courts, following common law, have long held that the “taking” element of
robber