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Crimes Against Property

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Assignment 4: Crimes Against Property
Debbie Dale
Professor Lori Baggot
LEG320 – Criminal Law
June 5, 2013

Debbie Dale
Professor Baggot
LEG 320 – Criminal Law
June 5, 2012 Assignment 4- Crimes against Property

In the crime of shoplifting the taking requirement can be met by the fact that the shoplifter intentionally came into the store to commit theft. Shoplifters generally sell the stolen goods that they acquire. Shoplifting is defined as stealing goods retail stores by concealment, generally on the person of the defendant. Commission of the act does not require removal of the goods form the store. The key to taking is that the shoplifter takes unauthorized possession over another’s property. Retail stores allow limited use of a customer handling the merchandise. The customers may examine the clothing; take the merchandise into the dressing room to try on and walk through the store with it in hand or in a shopping cart. What makes it shop lifting is when the customer conceals the merchandise and therefore give the intention to take the merchandise. The merchandise is placed on display to be sold and if it is not purchased it should be return to the display rack. Private security officers for retail stores are trained not to apprehend an alleged thief unless they leave the store with the merchandise that they concealed. But according to People v. Britto the New York Court of Appeals ruled that the merchandise does not have to leave the store in order for the shoplifting to occur. Furthermore it was stated the shoplifter would not treat the merchandise as a regular customer would, if the merchandise is found hidden under the clothes of the shoplifter it is considered concealment and it does not necessarily have to leave the premises. (Thomas Gardner, T.A.(2011))

Different states have different rules for convicting

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