Question

1.Ben takes out his wallet and extracts money to pay a taxi fare. As he is putting his wallet back in his pocket, a ten dollar bill falls out. Ben is unaware of this. At the end of a taxi driver’s shift, he discovers the ten dollar bill on the floor in the back on the left side. He has had many fares that day. The driver decides to keep the money. This is:

a.lost property so there is no theft.

b.abandoned property so there is no theft.

c.mislaid property so this is the subject of larceny. The taxi driver has committed the theft.

d.none of the above

2.Embezzlement is a crime against:

a.ownership.

b.possession.

c.custody.

d.control.          

3.Gordon, a professional pickpocket, saw his enemy Max on the street. He walked up to Max’s back, stole his wallet, then pulled out a sock with a weight in it and hit Max over the head, causing Max to fall down. In this scenario:

a.Gordon would be liable for robbery.

b.Gordon could not be charged with a crime.

c.Gordon is chargeable only with the separate crimes of assault (battery) and larceny.

d.Gordon could only the charged with larceny since that is the greater crime.

4.Joan is visiting Big City and got on a subway to go visit a friend. Her small pocketbook is slung over her shoulder with a long strap. She is turned, talking to a fellow passenger, and her purse is behind her touching the seat. As she starting to leave the train, a police officer was pushing a young man toward Joan. The officer had Joan’s wallet and said the boy took it out of her purse. Joan didn’t even know it had happened. The young man should properly be charged with:

a.Burglary

b.Robbery

c.Larceny

d.Assault

5.Upon breaking and entering a dwelling in the nighttime, the accused:

a.must commit larceny.

b.must commit a felony.

c.must intend to commit larceny.

d.must intend to commit a felony.

6.Burglary is a:

a.culpable negligence crime.

b.general intent crime.

c.specific intent crime.

d.actus reas crime.

Answer 1

2.Embezzlement is a crime against: a. possession.

If the thief had lawful possession of the property, the crime is embezzlement.

6.Burglary is a : c. specific intent crime .

Specific Intent: crimes requiring intent to do something beyond the actus reus; additional intent required for guilt of a particular offense.

4. The young man would be charged with : c.Larceny

Larceny is defined as an act that involves the taking of property in the immediate presence of another person usually without the suspect using force or fear.

5.Upon breaking and entering a dwelling in the nighttime, the accused:   must intend to commit a felony.

3.Gordon, a professional pickpocket, saw his enemy Max on the street. He walked up to Max’s back, stole his wallet, then pulled out a sock with a weight in it and hit Max over the head, causing Max to fall down. In this scenario: a.Gordon would be liable for robbery.

Robbery is the crime of taking or attempting to take anything of value by force, threat of force or by putting the victim in fear.