Criminal Law Emily

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. [1] MPC states that if you take movable property using theft of deception or theft of services that it can be considered a punishable theft crime. [2] For Mary to have committed larceny the MPC states she would have had to forcibly take it but she did not she just used deception and her promise of false services to take the watch. In order for Mary to embezzle the watch she would have had to transfer ownership of it somehow this is considered conversion which is a key factor for the MPC to define something as embezzlement. [3]

Did Mary commit an Assault, a Battery or an “Assault and Battery” against Michael? Discuss why. Remember to support your position.

Mary attempted to physically hit Michael with an item, however she missed. According to the MPC an unlawful touching is the element required for battery to be considered. This form of touching could have been done my Mary physically or by her throwing the clock at Michael, had the clock hit Michael then Mary would have met the element of battery. There is one defense Mary would have if she were to be tried for battery it would be the failure to prove the criminal act or harm since she was unsuccessful in hitting Michael.

However, Mary could be tried of attempted battery assault. The crime Mary committed had the element without the touching, this would be supported by intent, Mary did have the intent to hit and harm Michael. In fact, the MPC uses the example of a thrown object missing the intended target as an example of attempted battery assault. [4]

Mary could be found guilty of both theft and attempted battery assault in this scenario.

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