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Criminal Law: Theft and Stolen Property
This paper is for a minimum of 7 double-spaced pages of text, submitted in APA format, using 12 point font. In addition, your paper should include a cover page and reference page. A minimum of 8 scholarly sources must be used and properly cited.
Based on your readings, it is apparent that crimes of theft vary tremendously, depending on the circumstances of acquisition, the type and/or value of the property, and the possession or control of the property. A person can also be found guilty of a theft offense, even if they were not originally responsible for taking the property with the intent to deprive the owner. In many states, these instances fall under the criminal statutory provisions of “Theft by Receiving Stolen Property”. According to your text, Garland outlines 3 essential elements for the offense of receiving stolen property;
(1) The accused bought, received, or otherwise came into possession of the property.
(2) The property was stolen.
(3) At the time of possession of the property, the accused knew the property had been stolen.
Subsection (3), the knowledge of stolen property, is one of the most controversial elements of the crime of receiving stolen property. If a person believes or suspects that the property is stolen, yet does not actually know it, are they guilty of this crime? This is the most highly debated point, and one in which the wording of statutes varies significantly across states and jurisdictions. No states statutorily require a person to have affirmative knowledge that the property is stolen. If this were the case, convictions for possession of stolen property would be virtually non-existent. Most states define “knowing” that the property is stolen as what a person would believe to be “reasonably suspicious”.
Your paper is 1) to research, present, and interpret the findings of 5 cases that specifically address the issue of “knowledge”, as it relates to possession of stolen property. In your summary, be sure to thoroughly examine all aspects of this issue, and critically interpret the similarities and differences in the rulings.
