Crimes Against Persons and Property
Crimes Against Persons and Property (350 words/ 2 sources/ APA Format)
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.
Response 1 (150 words/ 1 source/ APA Format)
Did Mary commit Embezzlement, Theft, Larceny or Robbery with respects to the
watch?
In respect to the watch, Mary committed Theft under False Pretenses. According to
Storm, (2012) “the Model Penal Code defines theft by deception when the
defendant creates or reinforces a false impression.” She further explains that “false
pretenses occur when property or services are being transferred to someone in
reliance on false representation of fact” (p. 283-286). Mary committed this crime as
she knowingly did not possess the knowledge to repair the watch, but she told the
customer she could, applying false representation.
Did Mary commit an Assault, a Battery or an “Assault and Battery” against
Michael?
Upon running into Michael, Mary became upset and hurled a weight in his direction.
Although he was out of distance for it to hit him, Mary still had the intent to try and
cause harm. This act constitutes attempted battery assault. Storm (2012) defines
this crime as an act that attempts to make physical contact with the victim but falls
short (p. 260). As Mary threw the weight, it simply hit the ground a few feet ahead
of her, but nowhere close enough to come in contact with Michael.
Storm, L.M. (2012). Criminal Law. Available
from http://apus.intelluslearning.com/v3/course-
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ernal_course_name=LSTD302%20I001%20Win%2019
Response 2 (150 words/ 1 source/ APA Format)
Good Afternoon Class,
In the case of Mary, it was hard for me to fine her guilty of theft or robbery. She did own a watch store, and
had no intention of keeping the watch. However, I would charge her with embezzlement. Section 224.14 Page
156, says one who, by deception, causes another to execute an instrument that may affect the pecuniary
interest of another person, and it is graded as a misdemeanor. She knowingly could not fix that watch, and
offered a service she knew she could not perform. She had intent and knowledge of what she was doing, and I
think that could be proven in court. Robbery and theft just don’t make sense for me, since she didn’t receive
payment yet, I wouldn’t charge her with theft. If she received payment for her service, knowing she couldn’t
fix it, then I would charge her with theft. Section 223.8 “A person who purposely obtains property upon
agreement, or subject to a known legal obligation, to make specified payment or other disposition, whether
from such property or its proceeds or from his own property to be reserved in equivalent amount, is guilty of
theft if he deals with the property obtained as his own and fails to make the required payment or disposition”.
I would however charge Michael with theft, none the less of Mary’s actions, that watch was in her possession
to get fixed. Michael can take Mary to civil court if he has a problem with her not paying rent. There are
appropriate steps to take, you can’t use take her property.
I wouldn’t charge Mary with Assault or Battery because technically Michael was fine and in no real danger.
She was frustrated and angry. She most likely was unable to pick that heavy item up and throw it that far. Per
the manual, a good lawyer could try prove that she had intent to cause great bodily harm but I don’t see it
happening. Article 211 says that, “One who attempts to cause or who purposely or knowingly causes bodily
injury to another with a deadly weapon is punished as a third degree felon”. So possibly charge her with third
Assault in the third degree.
American Law Institute. (1985). Model penal code : official draft and explanatory notes : complete text of
model penal code as adopted at the 1962 annual meeting of the American Law Institute at Washington, D.C.,
May 24, 1962. Philadelphia, Pa.:The Institute
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