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.
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
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.
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.
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.
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.
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