Description
PLA1305 Section 01 Criminal Law and Procedure (5.5 Weeks) – Online Plus – 2022 Fall Quarter Term 1
Module 02 Written Assignment – Breaking, Entering and Taking
Module 02 Written Assignment – Breaking, Entering and Taking
Module 02 Content
Read the following case studies and answer each of the questions for these cases. Each response should be one page in length. Review your text and resources for this week and then research the statutes in the state of Minnesota Here are some resources and links that should help in your research:
Minnesota Criminal Laws
Office of the Revisor of Statutes
Be sure to use the appropriate criminal law terminology that you learned this week in answering each question and include citations (Note: cite your statues using Bluebook Standards).
Case Study 1
Sam is caught just as he has broken into a home. He claims that he was entering the home to “scare” the occupants, not to commit a theft or a felony. Under your reading of the material, can Sam be prosecuted for burglary? Why or why not? What additional information, if any, might change your response as to whether a crime had been committed?
Keywords to search for are: breaking, entering, property of another, intent, theft.
Case Study 2
Sam takes Carl’s car without Carl’s permission. The next day, the police stops Sam for driving 15 miles over the speed limit. The officer also notices that Sam’s license had expired 3 months ago and could not provide proof of insurance for Carl’s car. While the officer was speaking to Sam, he claims that he did not intend to deprive Carl of the car permanently. Sam claims that he was only borrowing the car for a short period of time, and then he planned to return the car. Can Sam be prosecuted for theft? Why or why not? Also, what traffic offenses can Sam be charged with? What are the potential penalties that he can receive?
Keywords to search for are: theft, traffic, taking, intent, deprive
Case Study 3
Sam works for a local retailer. While he is at work, he sees a pair of binoculars that he likes. He removes a pair from the display case and hides them in the warehouse. Later, after the store is closed, Sam returns and unlocks the back door to retrieve the binoculars. However, the police arrive at the scene before Sam can get to the binoculars. Can Sam be charged with theft by shoplifting? Can Sam be charged with theft? Why or why not?
Keywords to search for are: taking, from another, theft,
Case Study 4
Men’s Fashions, a clothing store, was an incorporated business that was experiencing financial problems. Some of the principals of the business organized a new corporation and sold a substantial portion of Men’s Fashions’ inventory to the new corporation for considerably less than the wholesale cost of the merchandise. A few weeks after the sale, Men’s Fashions filed for voluntary bankruptcy, listing as assets a greatly diminished inventory without disclosing the recent sale of inventory to the new corporation. Is there enough evidence to charge the principals with bankruptcy fraud? Why or why not? Which white collar crime would best describe the potential crime?
Keywords to search for are: Financial fraud, theft, bankruptcy fraud
Case Study 5
In the days following Hurricane Katrina, Steven Matthews established the website www.redcross-usa.org. Steven had no official affiliation with the Red Cross and was attempting to obtain donations from unwitting citizens following the natural disaster. In order to secure the online donations for himself, Steven created a number of PayPal accounts using the names, e-mail addresses and other personal information of third parties he obtained illegally.
Is there enough evidence to charge Steve with false pretenses? Why or why not?
Are any intellectual property rights implicated in this case?
Can Steve also be charged with theft? Why or why not?
What if Steve used the names and personal information to make purchases on another website. What potential charges can he be charged with?
Keywords to search for are: Theft, financial fraud, computer fraud, misrepresentation
Format
The response for each Case Study should be 1 page in length. Be sure to cite all your references and format them according to Bluebook Standards . For writing assistance, consider using Grammarly or submitting your written assignment to the Writing Lab prior to submitting your assignment.
Need help?
Use the following links for information on structuring and formatting your case brief.
How do I cite using Bluebook Guidelines?
Creating Bluebook Citations
You are encouraged to use active voice as much as possible in your paralegal writing. Refer to the following Active v. Passive Voice FAQ
Make an appointment with a Paralegal Tutor in Tutor Match.
Be sure to select Paralegal in the “School” drop down and then Criminal Law and Procedure as the “Subject” for tutors trained to assist specifically with this class.
Click here to connect with a tutor in Tutor Match.
Click here for directions on how to use Tutor Match.
For a complete list of writing resources including the Bluebooking using the Indigo Book, Writing Guide, or Writing Lab please visit the FAQ How do I access writing support?
Other helpful resources are available in the Paralegal pages of the School of Justice Studies Guide.
Submission
Submit your completed assignment by following the directions linked below. Please check the Course Calendar for specific due dates.
Save your assignment as a Microsoft Word document. (Mac users, please remember to append the “.docx” extension to the filename.) The name of the file should be your first initial and last name, followed by an underscore and the name of the assignment, and an underscore and the date. An example is shown below:
Jstudent_exampleproblem_101504
