Did Mary Commit Embezzlement, Theft, Larceny, Or Robbery?

Did Mary Commit Embezzlement Theft Larceny Or Robbery With Respects

Did Mary commit Embezzlement, Theft, Larceny or Robbery with respects to the watch? Discuss why. Remember to support your position. Larceny and embezzlement are considered non-violent consolidated theft crimes. The Model Penal Code “MPC" consolidates all non-violent theft offenses.

In this scenario, Mary takes tangible property, a watch that has value and can be moved around. MPC states that if you take movable property using theft of deception or theft of services, it is considered a punishable theft crime. For Mary to have committed larceny, she would have had to forcibly take it, but she did not; she used deception and her promise of false services to take the watch. To qualify as embezzlement, Mary would have had to transfer ownership, which involves a breach of trust—nothing in the scenario suggests she was entrusted with the watch. Therefore, her actions align more with theft by deception, making her liable for larceny rather than embezzlement or robbery.

Mary’s attempted assault on Michael involves only the intent to harm, not actual physical contact. Under MPC standards, attempted battery occurs when there is intent to cause unlawful physical contact, even if the contact does not happen. Since Mary intended to hit Michael but missed, she could be liable for attempted battery, not completed assault. Overall, her actions involve theft via deception and attempted battery, both punishable offenses under the MPC.

Paper For Above instruction

In analyzing whether Mary committed embezzlement, theft, larceny, or robbery, the primary considerations involve the nature of her actions regarding the watch and her intent during the altercation with Michael. According to the Model Penal Code (MPC), theft offenses are classified into various categories based on the manner and intent involved, with larceny and embezzlement being non-violent forms of theft. Mary’s act of taking the watch through deception aligns with the definition of theft by deception under MPC guidelines, which emphasize the use of deceit rather than force or intimidation. She did not use force to seize the watch, which rules out larceny by force, nor did she assume ownership through transfer or conversion, which is necessary for embezzlement. Thus, her conduct more accurately fits theft by deception, a non-violent theft crime outlined in the MPC.

Additionally, regarding the assault or battery charges, the distinction hinges on physical contact and intent. The MPC stipulates that assault involves an act that creates a reasonable apprehension of immediate harmful contact, while battery involves unlawful physical contact. In this scenario, Mary attempted to physically strike Michael with an object but missed. Since no physical contact occurred, she cannot be charged with battery but may be liable for attempted battery. The element of intent is critical; Mary clearly intended to harm Michael, as evidenced by her attempt to hit him with the clock. The MPC explicitly recognizes attempt offenses when the defendant has the intent to commit a crime but is unsuccessful in carrying out the act.

In conclusion, Mary’s conduct constitutes theft through deception, aligning with non-violent theft classifications, and she could also be liable for attempted battery assault due to her intent to cause harm. Her actions do not meet the threshold for embezzlement, which involves transfer of ownership, nor do they entail actual physical contact necessary for battery. Therefore, under the MPC framework, her actions involve theft by deception and attempted battery, both punishable under the law.

References

• Dressler, J. (2018). Criminal Law (8th ed.). Aspen Publishers.
• Hall, W. T. (2014). General Principles of Criminal Law. West Academic Publishing.
• LaFave, W. R., & Scott, A. (2019). Criminal Law (5th ed.). Aspen Publishers.
• Model Penal Code (MPC). (1980). American Law Institute.
• Schmalleger, F. (2019). Criminal Justice Today: An Introductory Text for the 21st Century. Pearson.
• Simons, C. (2020). Principles of Criminal Law. Routledge.
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• Vitiello, M., & Turano, T. (2020). Criminal Law: Principles and Practice. Oxford University Press.
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• Yaffe, B., & Schlanger, T. (2019). The Law of Theft and Fraud. Cambridge University Press.