December 2022 – Page 293 – Homework Handlers

Reflection Log: Redemption And Capital Punishment

December 17, 2022/in Uncategorized /by SK

For this assignment, consider Ethical Dilemma 1. Redemption and Capital Punishment, p. 677. After reading about Stanley Tookie Williams here, you may watch the movie “Redemption: The Stan Tookie Williams Story.” I found it on YouTube here:

Redemption: The Stan Tookie Williams Story

There are several short entries at NPR.org that you can listen to here:

The Execution of Stanley Tookie Williams: NPR

For your reflection log assignment, answer the questions on p. 677 in at least a full paragraph:

Should Williams’ sentence have been commuted to life in prison? Why or why not? Is redemption compatible with justice? If a murderer mends his ways, should this change have an effect on his punishment? Is mercy compatible with justice?

Narrated Crime Scene Investigation Walk-Through Power Point

December 17, 2022/in Uncategorized /by SK

Crime Scene Investigation Walk-Through

Overview

When you arrive on the scene of a crime, you must follow certain procedures to ensure the admissibility of evidence. For this assignment, you will use a case file of a real crime scene and assume the role of the crime scene investigator. You will create a

From the Case File A Mutilation Murder

The Crime

The New York City Police Department requested the assistance of the FBI after police detectives came to an apparent dead end in their investigation of the murder and mutilation of a twenty-six-year-old woman whose body was found on the roof of a Bronx public housing apartment building where she had lived with her parents. An investigative task force of twenty-six detectives and supervisors had interviewed more than 2,000 individuals, many of whom lived or worked in the apartment building. Record checks of known sex offenders in the area were of no assistance. The police had twenty-two “good” suspects but nothing conclusive.

A fifteen-year-old boy had discovered the victim’s wallet in the stairwell as he was leaving the building on his way to school. Upon returning home from school for lunch that afternoon, the boy had given the wallet to his father, who went to the victim’s apartment to return it. The victim’s mother then called the day care center where the victim worked to notify her daughter that her wallet had been found. At that time the victim’s mother was told her daughter had not shown up for work that morning. The mother, the victim’s sister, and a neighbor then proceeded to search the building and discovered the body. The body was located at 3:00 p.m.; the victim had left her apartment at approximately 6:15 a.m.

The victim was found nude. She had been beaten about the face and strangled with the strap of her purse. The cause of death was determined to be strangulation—first manual and then ligature. The victim’s jaw and nose had been broken, and several of her teeth were loose. She had sustained several other facial fractures. Her nipples had been cut off after death and placed on her chest. There were bite marks, which were determined to have occurred after death, on her thighs. Numerous contusions and lacerations were present on her body. “You can’t stop me” was written in ink on the inside of her thigh, and “Fuck you” was written on her abdomen. A necklace pendant she usually wore was missing and presumed taken by the killer. Her underpants had been placed on her head and pulled over her face. Her nylons had been removed and loosely tied around her wrists and ankles. Her earrings had been removed and placed symmetrically on each side of her head. An umbrella and writing pen had been forced into her vagina, and a hair comb had been placed in her pubic hair. Semen was recovered from the victim’s body; it appeared that the killer had stood over the victim and masturbated. Human feces were discovered on the roof landing and were covered with the victim’s clothing.

Key Crime Scene Characteristics

The crime did not appear to be planned. All the instruments used to perpetrate the crime were the victim’s (e.g., purse strap, umbrella, pen) except for the knife used to remove the victim’s nipples. This knife was probably small enough to have been routinely carried by the killer. He probably first hit the victim with his fist to render her unconscious and then used his hands and the purse strap to strangle her. These are weapons of opportunity. He did not have a gun, rope, tape, or gag. If the perpetrator had such “tools,” it would indicate a degree of planning. Rather, this crime appeared to have been a spontaneous event. In addition, the victim did not appear to have been threatened by the perpetrator’s presence. She did not attempt to flee or scream prior to being rendered unconscious by the offender. The initial violence to the victim was sudden.

Although the crime was unplanned, it did appear to be well rehearsed and thought out. The positioning of the body, the mutilation, the placement of the umbrella and pen, the removal and placement of the earrings, the writing on the body, and the bite marks indicated that the perpetrator was acting out something he had seen before. The crime may have been based on sexual fantasies possibly rooted in sadistic and violent pornography.

The offender was best classified as disorganized (see a later discussion for details on this classification and the importance of it). The crime appeared to be a spontaneous event; the victim was not stalked but confronted. The victim appeared to have been immediately overcome with sudden violence and rendered unconscious. The victim was not moved from the general crime scene. The body was left in view at the location in which she was probably killed. There were sexual acts performed on the body after death. Evidence and the tools used to commit the crime were left at the scene. All these crime scene characteristics are reflective of a disorganized offender.

The crime was high risk. It was committed in daylight. Considerable time was spent by the offender in perpetrating the crime (e.g., removing earrings, masturbating, defecating). The victim was at low risk of becoming a victim. She was a quiet woman, small in stature (4’11,” 90 lbs.). She was plain-looking and did not date. She lived with her parents. Her lifestyle did not expose her to much risk for victimization. The area in which the crime occurred had a low rate of violent crime, further reducing the likelihood of victimization.

The Resulting Crime Scene Profile

The profile suggested that the offender was a white man, between twenty-five and thirty-five years of age, and of average appearance. The methodical organization of the crime scene—positioning of the body, placement of earrings, and so on—would be unusual for an impulsive teenager or someone in his early twenties. It was not likely the perpetrator was in his late thirties or forties because someone of that age would have probably committed earlier murders and it would be difficult to commit such crimes over the span of years without being apprehended. According to the profile, he was of average intelligence and a high school or college dropout. He was most likely unemployed; if he was employed, it was in a blue-collar or unskilled job. Alcohol or drugs did not play a role in the crime. The suspect was socially inadequate and not married. He lived or worked near the crime scene. All these characteristics are typical of disorganized murderers.

The fact that the crime was a spontaneous event further increased the probability the offender lived or worked near the scene of the crime. He had reason to be there at 6:15 a.m. If he was not planning to commit the crime at that time, he had to have some other reason for being there—probably because of employment or because he lived in the apartment building. The crime being high risk and the victim being at a low risk for victimization also suggested the killer felt comfortable in the area.

The sexual acts performed on the victim showed sadistic tendencies and obvious mental problems. The perpetrator likely had a collection of pornography. A rage or hatred of women was present in the crime. That he inflicted these acts on a dead or unconscious victim indicated an inability to interact with a live or conscious person and reinforced his social inadequacy.

The Outcome

After receiving the profile of the killer, the police reviewed their list of twenty-two suspects. One person seemed to resemble the profile more closely than the others. The suspect’s father lived on the same floor of the apartment building as the victim and had initially told the police his son was a patient at a local psychiatric hospital. Now, upon investigating further, the police learned the son had been missing from the hospital the day and evening prior to the murder. Investigators also discovered he was unemployed and had dropped out of school. He was thirty-two and had never married. He had no girlfriends. He suffered from depression and was receiving treatment at the psychiatric hospital. He had attempted suicide before and after the offense. A collection of pornography was discovered during a search of the suspect’s father’s apartment.

The suspect was arrested, tried, and found guilty of the homicide. He never confessed to the crime, but it was proved that security was lax at the hospital in which he was staying; he could come and go as he wished. The bite marks he inflicted on the victim were the most influential evidence against the suspect at trial. He was sentenced to twenty-five years to life for the crime.1 (Note: This crime occurred before DNA printing was available.)

Case Considerations and Points for Discussion

What was the most important evidence that led to this murder being solved? How valuable was the crime scene profile in the investigation? If DNA profiling was available at the time of this investigation, how would the investigation have been different?

Do you think investigators made any mistakes in this investigation? If not for the crime scene profile, do you think the killer would have been identified?

What do you think should be the biggest lessons learned by the police as the result of this case?

in which you document your process, present your findings, and provide an evaluation of the scene in a narrated PowerPoint or presentation tool of your choice.

To help you prepare for this assignment, use the Mock Crime Scene to review the steps of evaluating a crime scene.

Instructions

Choose one of the following cases from your textbook resource:

“He Hit Her Until She Fell… and That Was Just the Beginning,” Brandl, pp. 363–373.
“A Mutilation Murder,” Brandl, p. 670.

Then, create a 5–10 minute presentation in which you:

Identify the tools you used to evaluate the crime scene. Provide a rationale for your choices.
Outline the steps you took to secure the crime scene.
Describe the techniques and procedures you used to process the crime scene, including a list of the evidence collected. Explain the reasons for your procedures.
Describe the steps you took to preserve the evidence and provide an explanation for your process.
Provide photos of the crime scene.
Create a crime scene map that illustrates the crime scene upon arrival.
Narrate your presentation to walk the audience through the crime scene.

Property Crime And Typologies Performance Task

December 17, 2022/in Uncategorized /by SK

Scenario

Case Number: 0998881

Date: 20 May 2016

Reporting Officer: Colt Winchester

Incident Type: Property Crime

Address of Occurrence: 222 Citation Way, Happy Town, GA 15486

Witnesses: Clifford Tonell: Store owner, Male, 48, White Bo Foot: Security Officer (Employee), Male, 76, White Andrea Sianturi: Employee, Female, 27, Asian American Susan Bunion: Customer: Female, 35, Asian American

Weapon/Objects Used: On May 20, 2016, at approximately 18:00, officers responded to the Socks for Feet Outlet located at 222 Citation Way. According to the Socks for Feet Security Officer Bo Foot, three people entered the store and began walking down the Big Feet area of the store. Security Officer Bo Foot observed suspect one take three dozen pairs of the Big Guy brand socks and place them down his pants. Security Officer Bo Foot then followed the three suspects into the Hammer Toe section of socks where Security Officer Bo Foot observed suspect two place two dozen pairs of the Hang Nail Free brand of socks into suspect three’s purse. As Security Officer Bo Foot approached the suspects the suspects began to run. As Suspect one began to run he bumped Security Officer Foot causing him to fall to the floor. All three suspects ran out of the store into the back parking lot of the store.

The store owner Clifford Tonell identified the three suspects as: Suspect (1) Bubba Hurt Suspect (2) Skeeter Redrum Suspect (3) Summer Breeze

Please refer to inventory sheet for cost of merchandise stolen.

All three suspects were later apprehended and arrested at the Just for Kicks Martial Arts studio located at 626 Felony Drive. All of the property was recovered inside Skeeter Redrum’s 1969 Ford Pinto.

Task 1. Your task as the District Attorney is to determine what charges, if any, and the penalties (refer to Penalty Sheet in the Document Library) for such charges, for all three individuals involved in this incident. You should base your answer on an understanding of the definitions by reviewing the Criminal Code for the State of Georgia: Title 16 Crimes and Offenses: Offenses involving Theft found in the Document Library.

● Please refer to the inventory sheet for the cost of merchandise stolen.

2. Next, examine the crime scenario and give your opinion on whether the crime committed was done by amateurs or professionals. (refer to the Document Library)

3. Identify what type of criminal typology could be applied to the suspects based on your lesson notes. (refer to the Document Library)

Formatting Requirements:

Your assignment must follow these formatting requirements: ● Be four pages typed, double spaced, using Times New Roman font (size 12), with oneinch margins on all sides. All the information you need is in the Document Library.

● Include a cover page containing the title of the assignment, your name, professor’s name, the course title, and the date. The cover page is not included in the required assignment page length.

Self-Assessment Checklist:

Use this to check your work before you submit your assignment:

 My paper determines what charges, if any, and the penalties for the charges, if any.  My paper presents my opinion about whether the crime(s) committed were done by amateurs or professionals.  My paper identifies the type of criminal typology that could be applied to the suspects.

Week 6

Property Crime and Typologies

Performance Task Assignment #2

Quick Links

Scenario

Task

Rubric

Document Library

CRJ 105 – Crime and Criminal Behavior

© 2017 Strayer University. All Rights Reserved. This document contains Strayer University Confidential and Proprietary information and may not be copied, further distributed, or otherwise disclosed in whole or in part, without the expressed written permission of Strayer University. Page 2 of 30

Scenario Case Number: 0998881 Date: 20 May 2016 Reporting Officer: Colt Winchester Incident Type: Property Crime Address of Occurrence: 222 Citation Way, Happy Town, GA 15486 Witnesses: Clifford Tonell: Store owner, Male, 48, White Bo Foot: Security Officer (Employee), Male, 76, White Andrea Sianturi: Employee, Female, 27, Asian American Susan Bunion: Customer: Female, 35, Asian American Weapon/Objects Used: On May 20, 2016, at approximately 18:00, officers responded to the Socks for Feet Outlet located at 222 Citation Way. According to the Socks for Feet Security Officer Bo Foot, three people entered the store and began walking down the Big Feet area of the store. Security Officer Bo Foot observed suspect one take three dozen pairs of the Big Guy brand socks and place them down his pants. Security Officer Bo Foot then followed the three suspects into the Hammer Toe section of socks where Security Officer Bo Foot observed suspect two place two dozen pairs of the Hang Nail Free brand of socks into suspect three’s purse. As Security Officer Bo Foot approached the suspects the suspects began to run. As Suspect one began to run he bumped Security Officer Foot causing him to fall to the floor. All three suspects ran out of the store into the back parking lot of the store. The store owner Clifford Tonell identified the three suspects as: Suspect (1) Bubba Hurt Suspect (2) Skeeter Redrum Suspect (3) Summer Breeze Please refer to inventory sheet for cost of merchandise stolen. All three suspects were later apprehended and arrested at the Just for Kicks Martial Arts studio located at 626 Felony Drive. All of the property was recovered inside Skeeter Redrum’s 1969 Ford Pinto.

CRJ 105 – Crime and Criminal Behavior

Task 1. Your task as the District Attorney is to determine what charges, if any, and the penalties

(refer to Penalty Sheet in the Document Library) for such charges, for all three individuals involved in this incident. You should base your answer on an understanding of the definitions by reviewing the Criminal Code for the State of Georgia: Title 16 Crimes and Offenses: Offenses involving Theft found in the Document Library.

● Please refer to the inventory sheet for the cost of merchandise stolen.

2. Next, examine the crime scenario and give your opinion on whether the crime committed was done by amateurs or professionals. (refer to the Document Library)

3. Identify what type of criminal typology could be applied to the suspects based on your

lesson notes. (refer to the Document Library)

Formatting Requirements:

Your assignment must follow these formatting requirements:

● Be four pages typed, double spaced, using Times New Roman font (size 12), with one- inch margins on all sides. All the information you need is in the Document Library.

● Include a cover page containing the title of the assignment, your name, professor’s name, the course title, and the date. The cover page is not included in the required assignment page length.

Self-Assessment Checklist:

Use this to check your work before you submit your assignment:

 My paper determines what charges, if any, and the penalties for the charges, if any.  My paper presents my opinion about whether the crime(s) committed were done by

amateurs or professionals.  My paper identifies the type of criminal typology that could be applied to the suspects.

CRJ 105 – Crime and Criminal Behavior

Rubric Grading for this assignment will be based on the quality of your responses, logic/organization of the paper, and language and writing skills, using the following rubric.

Points: 250 Assignment 2: Property Crime and Typologies Performance Task

Criteria Unacceptable Below 70% F

Fair 70-79% C

Proficient 80-89% B

Exemplary 90-100% A

1. Determine what charges, if any, and the penalties for such charges, for all three individuals involved in this incident. Weight 25%

Does not determine what charges, if any, and the penalties for such charges, for all three individuals involved in this incident.

Partially determines what charges, if any, and the penalties for such charges, for all three individuals involved in this incident. The charges and penalties need further development and supporting details.

Satisfactorily determines what charges, if any, and the penalties for such charges, for all three individuals involved in this incident. Most of the charges and penalties were determined; additional details would improve this section.

Thoroughly determines what charges, if any, and the penalties for such charges, for all three individuals involved in this incident.

2. Examine the crime scenario and give your opinion on whether the crime committed was done by amateurs or professionals. Weight: 25%

Does not examine the crime scenario and give your opinion on whether the crime committed was done by amateurs or professionals.

Partially examines the crime scenario and starts to present an opinion on whether the crime committed was done by amateurs or professionals.

Satisfactorily examines the crime scenario and gives an opinion on whether the crime committed was done by amateurs or professionals. More supporting details about your opinion would improve this section.

Thoroughly examines the crime scenario and gives a solid, well-supported opinion on whether the crime committed was done by amateurs or professionals.

3. Identify what type of criminal typology could be applied based on your lesson notes. Weight: 25%

Does not identify what type of criminal typology could be applied.

Partially identifies what type of criminal typology could be applied. Additional details about the type of criminal typology would improve this section.

Satisfactorily identifies what type of criminal typology could be applied. Most of the details about criminal typology were provided.

Thoroughly identifies what type of criminal typology could be applied.

4. Clarity, writing mechanics, and formatting requirements. Weight: 25%

More than 6 errors present.

5-6 errors present. 3-4 errors present. 0-2 errors present.

CRJ 105 – Crime and Criminal Behavior

Document Library

CLERKS OFFICE: HAPPY TOWN POLICE DEPARTMENT

INCIDENT INFORMATION FORM

Date:

20 May 2016

Case Number:

0998881

Reporting Officer:

Colt Winchester

ARRESTED DOB HEIGHT WEIGHT RACE GENDER PRIORS

BUBBA HURT 01/05/1990 6’05 290 lbs W M Y

SKEETER REDRUM

05/14/1992 6’0 185 lbs W M Y

SUMMER BREEZE

07/05/1996 5’07 145 lbs W F Y

CRJ 105 – Crime and Criminal Behavior

CLERKS OFFICE: HAPPY TOWN POLICE DEPARTMENT

INCIDENT INFORMATION FORM

WITNESS(S)

Date:

20 May 2016

Case Number:

0998881

Reporting Officer:

Colt Winchester

NAME ADDRESS PHONE # OCCUPATION AGE RACE GENDER

Clifford Tonell

110 FELONY DRIVE, HAPPY TOWN, GA.

444-555-777 STORE OWNER SOCKS FOR FEET 48 W M

Bo Foot

111 MISDEMEANOR DRIVE , HAPPY TOWN, GA.

444-111-3333

SECURITY OFFICER EMPLOYEE SOCKS FOR FEET

76 W M

Andrea Sianturi

136 FELONY CIRCLE HAPPY TOWN, GA.

444-999-4444 RETAIL SALES SOCKS FOR FEET 27 A F

Susan Bunion

128 FELONY LN. HAPPY TOWN, GA. 444-999-5555

CRIMINAL JUSTICE INSTRUCTOR HAPPY TOWN COMMUNITY COLLEGE

35 A F

CRJ 105 – Crime and Criminal Behavior

SOCKS FOR FEET OUTLET INVENTORY SHEET

MAY 20, 2016

ITEM DESCRIPTION COST PER

PAIR OF SOCKS

PAIRS

MISSING TOTAL

MENS SOCKS BIG GUY BRAND $12.00 36 $432.00

MENS SOCKS HANG NAIL FREE $10.00 24 $240.00

CRJ 105 – Crime and Criminal Behavior

STATE OF GEORGIA CRIMINAL HISTORY

Subject Name(s) BUBBA HERT (AKA) HURT, BUBBA BEAUREGARD Subject Description FBI Number State Id Number DOC Number

618079JA8 GA183246 (GA) 146023-A (GA)

Social Security Number Driver’s License Number

666-66-6666 S0055-2826-4895-L (GA)

Miscellaneous Numbers

Unknown

Sex Race Skin Tone

Male White Medium

Height Weight Date of Birth

6”05’ (2016-03-16) 290 Pounds (2016-03-16) 1990-01-05

Hair Color Eye Color Fingerprint Pattern

Black (2016-03-16) Brown (2016-03-16) COPO1317161817131918 (FPC)

Scars, Marks, and Tattoos

Code Description, Comments, and Images

Unknown Code (2016-03-16) SCAR LEG, RIGHT (GA00782800) Embedded Image (GA0782800;) (2016-03-16) Prison intake photo

Unknown Code (2016-03-16) SCAR CALF, RIGHT (GA0415000) Contact agency for image

PRCD L EAR (NCIC; (2016-03-16) PIERCED EAR, LEFT (GA0415000) Contact agency for image

Blood Type Medical Condition

Unknown Code Unknown Drug abuse

Place of Birth Citizenship Ethnicity

Georgia US (1990-01-05) White

about:blank

CRJ 105 – Crime and Criminal Behavior

Marital Status Religion

Single (2016-03-16) Unknown (2016-03-16)

Employment

Employment as of 1985-09-11

Occupation Metal stamping

Employer Happy Metals, Inc.

Mailing Address 1000 Violation Road Happy County Happy, GA 001133 US

Residence

Residence as of 2016-05-11

Mailing Address 6025 N Misdemeanor St. Happy Town, GA.

Telephone 444-012-5469

Fingerprint Images

Type Comments and Images

Ten print set (1985-09-11) Contact agency for image (GA0415000)

Palmprint Images

Type Comments and Images

Both palms (1985-09-11) Contact agency for image (GA0415000) Juvenile

Photo Images

Type Comments and Images

Mugshot (2016-05-11) Contact agency for image (GA0415000)

DNA Data

Encoding Method Data and Comments

STR (1989-03-28) DNA locus data table follows (GA013415Y)

Locus Value Locus Value

Amelogenin X, Y CSF1PO 11, 12

D13S317 11 D16S539 12

D18S51 12, 17 D21S11 29.1, 32.2

D3S1358 14, 17 D5S818 11, 12

D7S820 9, 12 D8S1179 11

FGA 22, 24 TH01 6, 7

TPOX 8 vWA 14, 16

CRJ 105 – Crime and Criminal Behavior

Criminal History

Cycle 001

Tracking Number 04151984375826

Earliest Event Date 2016-02-01

Arrest (Cycle 001)

Arrest Date 2016-02-01

Arresting Agency GA0415000

Subject Name(s) HURT, BUBBA BEAUREGARD

Offender ID Number 169591 (Police Dept)

Arrest Type Adult

Charge

Charge Number 01

Agency GA0415000

Charge Description SHOPLIFTING

Statute GA 943.10

NCIC Offense Code 2299

Counts 01

Severity Misdemeanor

Charge

Charge Number 02

Agency GA0415000

Charge Description UNIFORM CONTROLLED SUBSTANCES ACT

Statute GA 161.41

NCIC Offense Code 3562

Counts 01

Severity Felony

Prosecutor Disposition (Cycle 001)

Prosecutor Agency GA041013A

Subject Name(s) Hurt, Bubba Beauregard

Charge Charge Number 01

Agency GA041013A

Charge Description Shoplifting

Statute GA 943.10

NCIC Offense Code 2299

Counts 01

Severity Felony

Disposition NO PROSECUTION (2016-03-13; Dismissed)

CRJ 105 – Crime and Criminal Behavior

Charge Charge Number 02

Agency GA041013A

Charge Description UNIFORM CONTROLLED SUBSTANCES ACT

Statute GA 161.41

NCIC Offense Code 3562

Counts 01

Severity Misdemeanor

Disposition NO PROSECUTION (2016-03-13; Dismissed)

Court Disposition No data supplied

Sentencing No data supplied

Corrections No data supplied

CRJ 105 – Crime and Criminal Behavior

MEMORANDUM

To: Patrol Division From: Chief of Police Rodney Hurt Date: February 2, 2016 Subject: PROACTIVE EXPECTATIONS

The purpose of this memorandum is to establish increase patrols in Zone III of Happy Town. Both City Council and the Mayor are receiving numerous complaints from citizens in regards to the increase crime in Happy Town. In addition a recent News Article criticized our police professionalism.

As a result of a news story, and the concerns from our city leaders effectively immediately there will be designated patrol officers working with Vice and Narcotics to increase visibility and take a proactive approach in resolving this issue.

We will be closely monitoring the progress for the upcoming months to ensure the citizens of our city that they are safe. Remember, when it comes to enforcement efforts, our emphasis should be the quality of your service.

Rodney Hurt

Chief of Police Happy Town

CRJ 105 – Crime and Criminal Behavior

DIFFERENCES BETWEEN AMATUER AND PROFESSIONAL CRIMINALS

Setting aside our disgust at the disruption of our value system, there are three major differences between the professional property offender (thief) and an “amateur” thief. First, the professional has a diminished moral capacity and multiple victims, while the amateur’s damage is much more limited. Secondly, the professional plans ahead, has a modus operandi, and an outlet for his booty (fence). Thirdly, the professional can only be stopped by incarceration, while the amateur will stop when his situation changes, because his theft is often a crime of sociological pressure and temporary opportunity (addiction, extreme poverty, underlying psychological problems, etc.). In sum, the professional must be combated with all the forces of law, while the amateur needs more sociological and psychological help to get his behavior back on track. So the law’s identifying the difference is essential to the sociological remedy.

https://www.enotes.com/homework-help/explain-major-differences-between-professional-

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Georgia Codes

TITLE 16 – CRIMES AND OFFENSES

CHAPTER 8 – OFFENSES INVOLVING THEFT

ARTICLE 1 – THEFT

§ 16-8-1 – Definitions

O.C.G.A. 16-8-1 (2010) 16-8-1. Definitions As used in this article, the term: (1) “Deprive” means, without justification: (A) To withhold property of another permanently or temporarily; or (B) To dispose of the property so as to make it unlikely that the owner will recover it. (2) “Financial institution” means a bank, insurance company, credit union, building and loan association, investment trust, or other organization held out to the public as a place of deposit of funds or medium of savings or collective investment. (3) “Property of another” includes property in which any person other than the accused has an interest but does not include property belonging to the spouse of an accused or to them jointly.

§ 16-8-2 – Theft by taking

O.C.G.A. 16-8-2 (2010) 16-8-2. Theft by taking A person commits the offense of theft by taking when he unlawfully takes or, being in lawful possession

https://www.enotes.com/homework-help/explain-major-differences-between-professional-372874

CRJ 105 – Crime and Criminal Behavior

thereof, unlawfully appropriates any property of another with the intention of depriving him of the property, regardless of the manner in which the property is taken or appropriated.

§ 16-8-3 – Theft by deception

O.C.G.A. 16-8-3 (2010) 16-8-3. Theft by deception (a) A person commits the offense of theft by deception when he obtains property by any deceitful means or artful practice with the intention of depriving the owner of the property. (b) A person deceives if he intentionally: (1) Creates or confirms another’s impression of an existing fact or past event which is false and which the accused knows or believes to be false; (2) Fails to correct a false impression of an existing fact or past event which he has previously created or confirmed; (3) Prevents another from acquiring information pertinent to the disposition of the property involved; (4) Sells or otherwise transfers or encumbers property intentionally failing to disclose a substantial and valid known lien, adverse claim, or other legal impediment to the enjoyment of the property, whether such impediment is or is not a matter of official record; or (5) Promises performance of services which he does not intend to perform or knows will not be performed. Evidence of failure to perform standing alone shall not be sufficient to authorize a conviction under this subsection. (c) “Deceitful means” and “artful practice” do not, however, include falsity as to matters having no pecuniary significance, or exaggeration by statements unlikely to deceive ordinary persons in the group addressed.

§ 16-8-4 – Theft by conversion

O.C.G.A. 16-8-4 (2010) 16-8-4. Theft by conversion (a) A person commits the offense of theft by conversion when, having lawfully obtained funds or other property of another including, but not limited to, leased or rented personal property, under an agreement or other known legal obligation to make a specified application of such funds or a specified disposition of such property, he knowingly converts the funds or property to his own use in violation of the agreement or legal obligation. This Code section applies whether the application or disposition is to be made from the funds or property of another or from the accused’s own funds or property in equivalent amount when the agreement contemplates that the accused may deal with the funds or property of another as his own. (b) When, under subsection (a) of this Code section, an officer or employee of a government or of a financial institution fails to pay on an account, upon lawful demand, from the funds or property of another held by him, he is presumed to have intended to convert the funds or property to his own use. (c)(1) As used in this subsection, the term “personal property” means personal property having a replacement cost value greater than $100.00, excluding any late fees and penalties, and includes heavy equipment as defined in paragraph (2) of Code Section 10-1-731 and tractors and farm equipment primarily designed for use in agriculture. (2) Any person having any personal property in such person’s possession or under such person’s control by virtue of a lease or rental agreement who fails to return the personal property within five days, Saturdays, Sundays, and holidays excluded, after a letter demanding return of the personal property has been mailed to such person by certified or registered mail or statutory overnight delivery, return receipt requested, at such

CRJ 105 – Crime and Criminal Behavior

person’s last known address by the owner of the personal property or by the owner’s agent shall be presumed to have knowingly converted such personal property to such person’s own use in violation of such lease or agreement. (3) In the event that any personal property is not returned as provided for in the lease or rental agreement and the court orders the lessor or renter to pay replacement costs, replacement costs shall include but not be limited to: (A) The market value of the personal property. The market value shall be established by the owner of the property by providing from a supplier of such or reasonably similar personal property a current quotation of the value of the personal property which is of like quality, make, and model of the personal property being replaced. The value to be awarded shall be the higher of: (i) The value on the date when the conversion occurred; or (ii) The value on the date of the trial; (B) All rental charges from the date the rental agreement was executed until the date of the trial or the date that the property was recovered, if recovered; and (C) Interest on the unpaid balance each month at the current legal rate from the date the court orders the lessor or renter to pay replacement costs until the date the judgment is satisfied in full. (4) If as a part of the order of the court the lessor or renter is placed on probation, supervision of said probation shall not be terminated until all replacement costs, fees, charges, penalties, interest, and other charges are paid in full. All payments relative to this Code section shall be made to the appropriate court of jurisdiction and the court shall make distribution to the owner within 30 days of receipt thereof. (5) In the event that the owner incurs any expenses in the process of locating a lessor or renter who did not return any personal property according to the lease or rental agreement, the court shall provide that the lessor or renter reimburse the owner for those expenses which may include, but not be limited to, credit reports, private detective fees, investigation fees, fees charged by a law enforcement agency for such services as police reports, background checks, fees involved with swearing out a warrant for incarceration, and any other bona fide expenses.

§ 16-8-5 – Theft of services

O.C.G.A. 16-8-5 (2010) 16-8-5. Theft of services A person commits the offense of theft of services when by deception and with the intent to avoid payment he knowingly obtains services, accommodations, entertainment, or the use of personal property which is available only for compensation.

§ 16-8-5.1 – Circumstances permitting inference of intent to avoid payment; exceptions

O.C.G.A. 16-8-5.1 (2010) 16-8-5.1. Circumstances permitting inference of intent to avoid payment; exceptions The trier of fact may infer that the accused intended to avoid payment due for the rental or lease of any personal property in any prosecution pursuant to Code Section 16-8-2, relating to theft by taking; 16-8-3, relating to theft by deception; 16-8-4, relating to theft by conversion; or 16-8-5, relating to theft of services; if a person knowingly: (1) Used false identification; (2) Provided false information on a written contract; (3) Made, drew, uttered, executed, or delivered an instrument for the payment of money on any bank or other depository in exchange for present consideration, knowing that it would not be honored by the

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drawee; (4) Abandoned any property at a location that is not the location agreed upon for return and that would not be reasonably known to the owner; (5) Returned any property to a location that would not reasonably be known to the owner without notifying the owner; or (6) Returned any property at a time beyond posted business hours of the owner. No person shall be convicted under Code Section 16-8-2, relating to theft by taking; 16-8-3, relating to theft by deception; 16-8-4, relating to theft by conversion; or 16-8-5, relating to theft of services; where there was an agreement to delay payment for such property or services or the accused makes payment in full within two business days after returning the property or obtaining the services.

§ 16-8-5.2 – Retail property fencing; forfeiture; related matters

O.C.G.A. 16-8-5.2 (2010) 16-8-5.2. Retail property fencing; forfeiture; related matters (a) As used in this Code section, the term: (1) “Retail property” means any new article, product, commodity, item, or component intended to be sold in retail commerce. (2) “Retail property fence” means a person or entity that buys, sells, transfers, or possesses with the intent to sell or transfer retail property that such person knows or should have known was stolen. (3) “Value” means the retail value of the item as stated or advertised by the affected retail establishment, to include applicable taxes. (b) A person commits the offense of retail property fencing when such persons receives, disposes of, or retains retail property which was unlawfully taken or shoplifted over a period not to exceed 180 days with the intent to: (1) Transfer, sell, or distribute such retail property to a retail property fence; or (2) Attempt or cause such retail property to be offered for sale, transfer, or distribution for money or other things of value. (c) Whoever knowingly receives, possesses, conceals, stores, barters, sells, or disposes of retail property with the intent to distribute any retail property which is known or should be known to have been taken or stolen in violation of this subsection with the intent to distribute the proceeds, or to otherwise promote, manage, carry on, or facilitate an offense described in this subsection, shall have committed the offense of retail property fencing. (d) (1) It shall not be necessary in any prosecution under this Code section for the state to prove that any intended profit was actually realized. The trier of fact may infer that a particular scheme or course of conduct was undertaken for profit from all of the attending circumstances. (2) It shall not be a defense to violating this Code section that the property was obtained by means other than through the commission of a theft offense if the property was explicitly represented to the accused as being obtained through the commission of a theft. (e) Any property constituting proceeds derived from or realized through a violation of this Code section shall be subject to forfeiture to the State of Georgia except that no property of any owner shall be forfeited under this subsection, to the extent of the interest of such owner, by reason of an act or omission established by such owner to have been committed or omitted without knowledge or consent of such owner. The procedure for forfeiture and disposition of forfeited property under this subsection shall be as provided for under Code Section 16-13-49. (f) Each violation of this Code section shall constitute a separate offense.

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§ 16-8-6 – Theft of lost or mislaid property

O.C.G.A. 16-8-6 (2010) 16-8-6. Theft of lost or mislaid property A person commits the offense of theft of lost or mislaid property when he comes into control of property that he knows or learns to have been lost or mislaid and appropriates the property to his own use without first taking reasonable measures to restore the property to the owner.

§ 16-8-7 – Theft by receiving stolen property

O.C.G.A. 16-8-7 (2010) 16-8-7. Theft by receiving stolen property (a) A person commits the offense of theft by receiving stolen property when he receives, disposes of, or retains stolen property which he knows or should know was stolen unless the property is received, disposed of, or retained with intent to restore it to the owner. “Receiving” means acquiring possession or control or lending on the security of the property. (b) In any prosecution under this Code section it shall not be necessary to show a conviction of the principal thief.

PENALTIES FOR THEFT

§ 16-8-12 – Penalties for violation of Code Sections 16-8-2 through 16-8-9

O.C.G.A. 16-8-12 (2010) 16-8-12. Penalties for violation of Code Sections 16-8-2 through 16-8-9 (a) A person convicted of a violation of Code Sections 16-8-2 through 16-8-9 shall be punished as for a misdemeanor except: (1) If the property which was the subject of the theft exceeded $500.00 in value, by imprisonment for not less than one nor more than ten years or, in the discretion of the trial judge, as for a misdemeanor; (2) If the property was any amount of anhydrous ammonia, as defined in Code Section 16-11-111, by imprisonment for not less than one nor more than ten years, a fine not to exceed the amount provided by Code Section 17-10-8, or both; (3) If the property was taken by a fiduciary in breach of a fiduciary obligation or by an officer or employee of a government or a financial institution in breach of his or her duties as such officer or employee, by imprisonment for not less than one nor more than 15 years, a fine not to exceed the amount provided by Code Section 17-10-8, or both; (4) If the crime committed was a violation of Code Section 16-8-2 and if the property which was the subject of the theft was a memorial to the dead or any ornamentation, flower, tree, or shrub placed on, adjacent to, or within any enclosure of a memorial to the dead, by imprisonment for not less than one nor more than three years. Nothing in this paragraph shall be construed as to cause action taken by a cemetery, cemetery owner, lessee, trustee, church, religious or fraternal organization, corporation, civic organization, or club legitimately attempting to clean, maintain, care for, upgrade, or beautify a grave, gravesite, tomb, monument, gravestone, or other structure or thing placed or designed for a memorial of the dead to be a criminal act; (5)(A) The provisions of paragraph (1) of this subsection notwithstanding, if the property which was the subject of the theft was a motor vehicle or was a motor vehicle part or component which exceeded $100.00 in value or if the theft or unlawful activity was committed in violation of subsection (b) of Code Section 10-1- 393.5 or in violation of subsection (b) of Code Section 10-1-393.6 or while engaged in telemarketing conduct in violation of Chapter 5B of Title 10, by imprisonment for not less than one nor more than ten years or, in

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the discretion of the trial judge, as for a misdemeanor; provided, however, that any person who is convicted of a second or subsequent offense under this paragraph shall be punished by imprisonment for not less than one year nor more than 20 years. (B) Subsequent offenses committed under this paragraph, including those which may have been committed after prior felony convictions unrelated to this paragraph, shall be punished as provided in Code Section 17- 10-7; (6)(A) As used in this paragraph, the term: (i) “Destructive device” means a destructive device as such term is defined by Code Section 16-7-80. (ii) “Explosive” means an explosive as such term is defined by Code Section 16-7-80. (iii) “Firearm” means any rifle, shotgun, pistol, or similar device which propels a projectile or projectiles through the energy of an explosive. (B) If the property which was the subject of the theft offense was a destructive device, explosive, or firearm, by imprisonment for not less than one nor more than ten years; (7) If the property which was the subject of the theft is a grave marker, monument, or memorial to one or more deceased persons who served in the military service of this state, the United States of America or any of the states thereof, or the Confederate States of America or any of the states thereof, or a monument, plaque, marker, or memorial which is dedicated to, honors, or recounts the military service of any past or present military personnel of this state, the United States of America or any of the states thereof, or the Confederate States of America or any of the states thereof, and if such grave marker, monument, memorial, plaque, or marker is privately owned or located on privately owned land, by imprisonment for not less than one nor more than three years if the value of the property which was the subject of the theft is $300.00 or less, and by imprisonment for not less than three years and not more than five years if the value of the property which was the subject of the theft is more than $300.00; (8) If the property that was the subject of the theft was a vehicle engaged in commercial transportation of cargo or any appurtenance thereto, including without limitation any such trailer, semitrailer, container, or other associated equipment, or the cargo being transported therein or thereon, by imprisonment for not less than three years nor more than ten years, a fine not less than $5,000.00 nor more than $50,000.00, and, if applicable, the revocation of the defendant’s commercial driver’s license in accordance with Code Section 40- 5-151, or any combination of such penalties. For purposes of this paragraph, the term “vehicle” includes without limitation any railcar; or (9) Notwithstanding the provisions of paragraph (1) of this subsection, if the property of the theft was ferrous metals or regulated metal property, as such terms are defined in Code Section 10-1-350, and the sum of the aggregate amount of such property, in its original and undamaged condition, plus any reasonable costs which are or would be incurred in the repair or the attempt to recover any property damaged in the theft or removal of such regulated metal property, exceeds $500.00, by imprisonment for not less than one nor more than five years, a fine of not more than $5,000.00, or both. (b) Except as otherwise provided in paragraph (5) of subsection (a) of this Code section, any person who commits the offense of theft by deception when the property which was the subject of the theft exceeded $500.00 in value and the offense was committed against a person who is 65 years of age or older shall, upon conviction thereof, be punished by imprisonment for not less than five nor more than ten years. (c) Where a violation of Code Sections 16-8-2 through 16-8-9 involves the theft of a growing or otherwise unharvested commercial agricultural product which is being grown or produced as a crop, such offense shall be punished by a fine of not less than $500.00 and not more than the maximum fine otherwise authorized by law. This minimum fine shall not in any such case be subject to suspension, stay, or probation. This minimum fine shall not be required in any case in which a sentence of confinement is imposed and such sentence of confinement is not suspended, stayed, or probated; but this subsection shall not prohibit imposition of any otherwise authorized fine in such a case.

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§ 16-8-14 – Theft by shoplifting

O.C.G.A. 16-8-14 (2010) 16-8-14. Theft by shoplifting (a) A person commits the offense of theft by shoplifting when he alone or in concert with another person, with the intent of appropriating merchandise to his own use without paying for the same or to deprive the owner of possession thereof or of the value thereof, in whole or in part, does any of the following: (1) Conceals or takes possession of the goods or merchandise of any store or retail establishment; (2) Alters the price tag or other price marking on goods or merchandise of any store or retail establishment; (3) Transfers the goods or merchandise of any store or retail establishment from one container to another; (4) Interchanges the label or price tag from one item of merchandise with a label or price tag for another item of merchandise; or (5) Wrongfully causes the amount paid to be less than the merchant’s stated price for the merchandise. (b)(1) A person convicted of the offense of theft by shoplifting, as provided in subsection (a) of this Code section, when the property which was the subject of the theft is $300.00 or less in value shall be punished as for a misdemeanor; provided, however, that: (A) Upon conviction of a second offense for shoplifting, where the first offense is either a felony or a misdemeanor, as defined by this Code section, in addition to or in lieu of any imprisonment which might be imposed, the defendant shall be fined not less than $250.00 and the fine shall not be suspended or probated; (B) Upon conviction of a third offense for shoplifting, where the first two offenses are either felonies or misdemeanors, or a combination of a felony and a misdemeanor, as defined by this Code section, in addition to or in lieu of any fine which might be imposed, the defendant shall be punished by imprisonment for not less than 30 days or confinement in a “special alternative incarceration-probation boot camp,” probation detention center, diversion center, or other community correctional facility of the Department of Corrections for a period of 120 days or shall be sentenced to monitored house arrest for a period of 120 days and, in addition to either such types of confinement, may be required to undergo psychological evaluation and treatment to be paid for by the defendant; and such sentence of imprisonment or confinement shall not be suspended, probated, deferred, or withheld; and (C) Upon conviction of a fourth or subsequent offense for shoplifting, where the prior convictions are either felonies or misdemeanors, or any combination of felonies and misdemeanors, as defined by this Code section, the defendant commits a felony and shall be punished by imprisonment for not less than one nor more than ten years; and the first year of such sentence shall not be suspended, probated, deferred, or withheld. (2) A person convicted of the offense of theft by shoplifting, as provided in subsection (a) of this Code section, when the property which was the subject of the theft exceeds $300.00 in value commits a felony and shall be punished by imprisonment for not less than one nor more than ten years. (3) A person convicted of the offense of theft by shoplifting, as provided in subsection (a) of this Code section, when the property which was the subject of the theft is taken from three separate stores or retail establishments within one county during a period of seven days or less and when the property which was the subject of each theft exceeds $100.00 in value, commits a felony and shall be punished by imprisonment for not less than one nor more than ten years. (c) In all cases involving theft by shoplifting, the term “value” means the actual retail price of the property at the time and place of the offense. The unaltered price tag or other marking on property, or duly identified photographs thereof, shall be prima-facie evidence of value and ownership of the property. (d) Subsection (b) of this Code section shall in no way affect the authority of a sentencing judge to provide for a sentence to be served on weekends or during the nonworking hours of the defendant as provided in Code Section 17-10-3, relative to punishment for misdemeanors.

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§ 16-8-16 – Theft by extortion

O.C.G.A. 16-8-16 (2010) 16-8-16. Theft by extortion (a) A person commits the offense of theft by extortion when he unlawfully obtains property of or from another person by threatening to: (1) Inflict bodily injury on anyone or commit any other criminal offense; (2) Accuse anyone of a criminal offense; (3) Disseminate any information tending to subject any person to hatred, contempt, or ridicule or to impair his credit or business repute; (4) Take or withhold action as a public official or cause an official to take or withhold action; (5) Bring about or continue a strike, boycott, or other collective unofficial action if the property is not demanded or received for the benefit of the group in whose interest the actor purports to act; or (6) Testify or provide information or withhold testimony or information with respect to another’s legal claim or defense. (b) In a prosecution under this Code section, the crime shall be considered as having been committed in the county in which the threat was made or received or in the county in which the property was unlawfully obtained. (c) It is an affirmative defense to prosecution based on paragraph (2), (3), (4), or (6) of subsection (a) of this Code section that the property obtained by threat of accusation, exposure, legal action, or other invocation of official action was honestly claimed as restitution or indemnification for harm done in the circumstance to which such accusation, exposure, legal action, or other official action relates or as compensation for property or lawful services. (d) A person convicted of the offense of theft by extortion shall be punished by imprisonment for not less than one nor more than ten years.

§ 16-8-17 – Intent to cheat or defraud a retailer

O.C.G.A. 16-8-17 (2010) 16-8-17. Intent to cheat or defraud a retailer (a)(1) Except as provided in paragraph (2) of this subsection, a person who, with intent to cheat or defraud a retailer, possesses, uses, utters, transfers, makes, alters, counterfeits, or reproduces a retail sales receipt or a Universal Product Code label which results in a theft of property which exceeds $300.00 in value commits a felony and shall be punished by imprisonment for not less than one nor more than three years or by a fine or both. (2) A person convicted of a violation of paragraph (1) of this subsection, when the property which was the subject of the theft resulting from the unlawful use of retail sales receipts or Universal Product Code labels is taken from three separate stores or retail establishments within one county during a period of seven days or less and when the property which was the subject of each theft exceeds $100.00 in value, commits a felony and shall be punished by imprisonment for not less than one nor more than ten years. (b) A person who, with intent to cheat or defraud a retailer, possesses 15 or more fraudulent retail sales receipts or Universal Product Code labels or possesses a device the purpose of which is to manufacture fraudulent retail sales receipts or Universal Product Code labels will be guilty of a felony and punished by imprisonment for not less than one nor more than ten years.

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§ 16-8-18 – Entering automobile or other motor vehicle with intent to commit theft or felony

O.C.G.A. 16-8-18 (2010) 16-8-18. Entering automobile or other motor vehicle with intent to commit theft or felony If any person shall enter any automobile or other motor vehicle with the intent to commit a theft or a felony, he shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than one nor more than five years, or, in the discretion of the trial judge, as for a misdemeanor.

§ 16-8-21 – Removal or abandonment of shopping carts; posting of Code section in stores and markets

O.C.G.A. 16-8-21 (2010) 16-8-21. Removal or abandonment of shopping carts; posting of Code section in stores and markets (a) As used in this Code section, “shopping cart” means those pushcarts of the type which are commonly provided by grocery stores, drugstores, or other merchant stores or markets for the use of the public in transporting commodities in stores and markets and incidentally from the store to a place outside the store. (b) It shall be unlawful for any person to remove a shopping cart from the premises, posted as provided in subsection (d) of this Code section, of the owner of such shopping cart without the consent, given at the time of such removal, of the owner or of his agent, servant, or employee. For the purpose of this Code section, the premises shall include all the parking area set aside by the owner or on behalf of the owner for the parking of cars for the convenience of the patrons of the owner. (c) It shall be unlawful for any person to abandon a shopping cart upon any public street, sidewalk, way, or parking lot other than a parking lot on the premises of the owner. (d) The owner of the store in which the shopping cart is used shall post in at least three prominent places in his store and at each exit therefrom a printed copy of this Code section, which copy shall be printed in type no smaller than 12 points. (e) Any person who violates subsection (b) or (c) of this Code section shall be guilty of a misdemeanor.

ARTICLE 2 – ROBBERY

§ 16-8-40 – Robbery

O.C.G.A. 16-8-40 (2010) 16-8-40. Robbery (a) A person commits the offense of robbery when, with intent to commit theft, he takes property of another from the person or the immediate presence of another: (1) By use of force; (2) By intimidation, by the use of threat or coercion, or by placing such person in fear of immediate serious bodily injury to himself or to another; or (3) By sudden snatching. (b) A person convicted of the offense of robbery shall be punished by imprisonment for not less than one nor more than 20 years.

(c) Notwithstanding any other provision of this Code section, any person who commits the offense of robbery against a person who is 65 years of age or older shall, upon conviction thereof, be punished

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What are the Different Types of Georgia Theft? ▪ Theft by taking: This means that a person unlawfully took possession of any item or piece of property

that belongs to another. It does not matter how the item was taken. This is the simplest form of Georgia theft, and if you have another person’s property and deprive them of it you can be charged and found guilty of theft by taking.

▪ Theft by deception: This means that you were able to get something from another by deceitful means. This includes billing someone for a service that was not done, accepting payment for something you know will not be done, or selling property or an item without disclosing that there is a lien or loan still on it. Georgia theft by deception is more complex due to the intention of theft involved to deceive another out of their property or money which may involve confirming another’s wrong assumption about a fact or event when you know it is wrong.

▪ Theft by conversion: Georgia theft by conversion means that you took someone’s money to apply it in some manner for them, such as a deposit or payment, and instead you used it for your own purposes. For example, an officer or an employee of a government or financial institution does not apply your payment to the intended account, but rather, pockets the money for their own use. In addition, Georgia theft by conversion also applies to rental property that you are using; if you do not return such property when the owner demands it back then you have committed theft by conversion.

▪ Theft of services: In Georgia theft of services involves receiving a service, entertainment or an accommodation with no intention of paying for it. This includes not paying for maid service, not paying for a hotel room or meal, or item that requires payment of some sort. Georgia theft law ensures that service providers are able to collect the fee they are due by making the theft of services a crime.

▪ Theft by receiving stolen property: This type of theft is a crime which involves receiving stolen goods whether or not you are aware that they are stolen. You have committed a Georgia theft crime if you receive, get rid of, or keep property that you know or should know is stolen.

▪ Theft of lost or mislaid property: Many people may not realize that this is a crime under Georgia theft law. If, for example, you find a lost wallet and make no effort to return it to its rightful owner, then you have now committed theft of lost or mislaid property. Effort needs to be made to return the property under the law.

▪ Shoplifting: Shoplifting has its own specific punishments under Georgia theft law. Shoplifting includes any attempt to conceal an item, change the listed price, or failing to pay in full for an item removed from a store. Unlike the other Georgia theft crimes, a misdemeanor conviction involves stealing an item under $300; a felony shoplifting conviction involves stealing items that are worth more than $300.

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CRIMINAL TYPOLOGIES

Occasional Property Crimes

Most occasional property criminals lack a past official history of criminality. They exhibit little

progressive knowledge of criminal techniques or of crime in general. In contrast to career criminals

or even conventional criminals, crime is not their sole or major means of livelihood, and they do not

view themselves as criminal. Not identifying with criminal behavior, they have little of the vocabulary

or “street sense” of the conventional criminal.

Under the category of occasional property offenses, discussion will center on shoplifting, vandalism,

motor vehicle theft, and check forgery. (Professional crimes of these types will be discussed later.)

Surprisingly, there have not been many studies that focus on occasional and ordinary property

offenders (Hepburn, 1984; Shover, 1983).

Shoplifting

The polite term for shoplifting used by the retail trade industry is “inventory shrinkage”—quite

literally, goods have disappeared or shrunk from the total of accountable inventory. The slang term

“five-finger discount” is a less polite term for this same process. While shoplifting is perhaps as

ancient as trade or bartering, the post-World War II emergence of a consumer society and of large

retail chains has created both a greater desire and a greater opportunity for retail theft. Inventory

shortage costs in the United States account for about 2 percent of retail sales; the actual proportion

may be considerably higher, depending on location, product, and clientele. Hollinger and Davis

(2002) estimate the average retail firm loses 1.7 percent of gross revenues to “inventory shrinkage.”

Shrinkage refers to the losses that are due to shoplifting, employee theft, vendor fraud, and

administrative error. About one third of these losses are due to shoplifting. The average shoplifter is

caught with $200 worth of merchandise, and the U.S. retail industry loses an estimated $10 billion

per year to shoplifting. Many shoplifters are not motivated by need, as illustrated in the case of

actress Winona Ryder, shown in Photo 10.1.

The classic study on shoplifting is Mary Owen Cameron’s The Booster and the Snitch: Department

Store Shoplifting (1964), which was based on store records and arrest data in the late 1940s; later

research by L. E. Cohen and Stark (1974) supports her findings (see also Klemke, 1992). Cameron

distinguishes between “boosters” (or “heels”)—professional shoplifters—and “snitches,” amateur

shoplifters.

Boosters (to be discussed later in this chapter) are like other professional criminals in carefully

planning and skillfully executing their thefts and in concentrating on expensive items that can be

quickly converted to cash by prearrangement with a “fence” (dealer in stolen goods). On a

continuum of shoplifters, between the booster and the snitch are “shadow” professionals (Hellman,

1970; Stirling, 1974, p. 120), individuals who in an avocational manner supplement their legitimate

incomes by stealing. The majority of shoplifters are snitches, amateurs or individuals who do not

view themselves as criminals. According to Cameron (1964), most are females and the vast majority

have no official history of previous recorded criminal involvement. One example is the highly

publicized case of Oscar nominee Winona Ryder, who was arrested at Saks Fifth Avenue in Beverly

Hills for shoplifting. She stole $5,560.40 worth of designer merchandise. Acquitted of burglary, she

CRJ 105 – Crime and Criminal Behavior

was convicted of grand theft and vandalism. Authorities believe that most shoplifters have the money

to pay for their stolen items. One illustration of that is the case of Claude Allen. Convicted in 2006,

Allen was at the time an assistant to George W. Bush on domestic policy. He perpetrated a

fraudulent return scheme at Washington, D.C.–area stores. Taking purchased merchandise to his

car, he would return to the store later with his receipt and select duplicate items of what he had just

bought and request a refund for them. His take in 2005 was estimated at $5,000. His salary that year

at the White House was $161,000 (Rohrlick, 2007).

The most likely to be shoplifted in the United Kingdom in 2011 were choice cuts of meat, expensive

bottles of alcohol, and hi-tech items such as electric toothbrushes and smart phones (G. Smith,

2011). Similar, small and expensive items are the most coveted in the United States. The rate of

male shoplifters was only slightly higher than the female rate. While there were more adult

shoplifters than juveniles, the latter were more frequently caught. Shoplifting increases during the

Christmas shopping season, while shoplifting arrest rates increase in March (Spring Break). An

annual survey conducted by Richard Hollinger of the University of Florida on behalf of ADT Security

Services estimated the losses for inventory shrinkage in 2006 to be $40.5 billion and that 47 percent

of this ($19 billion) was due to shoplifting (“Shoplifting Costs U.S. Retailers,” 2007).

Most snitches steal small, inexpensive items for their own personal use. In most instances, they

have on their person sufficient funds to cover the stolen items. Such snitches come from all walks of

life. Nettler (1982, Vol. 3) indicates, for instance, that “theories of poverty and low education and

shoplifting would surprise store owners in university towns who experience three times the amount

of theft as stores in other neighborhoods” (p. 106). Most snitches simply do not anticipate being

caught. In the past when snitches were apprehended, most stores avoided lawsuits or possible

adverse publicity by releasing the offenders after brief admonishment. When apprehended, snitches

usually attempt to rationalize or excuse their behavior. For the middle-class offender with a

psychology bent, “kleptomania”—a compulsion to steal—becomes a handy rationalization.

Adventure, excitement, need, greed, or simply available opportunity or inadequate security may

prove to be more likely reasons. Cameron (1964) claims that most snitches, when caught and faced

with an unacceptable criminal self-image, cease shoplifting.

Sensormatic Electronics assumes that shoplifting tends to increase during recessions—“when the

going gets tough, some of the tough go shoplifting” (A. Newman, 1990). Sensormatic produces a

variety of equipment, including security tags attached to articles that will set off alarms if the article is

taken from the store without the tag having been removed by a salesperson. Dabney, Hollinger, and

Dugan, in “Who Actually Steals? A Study of Covertly Observed Shoplifters” (2004), used closed-

circuit television to observe shoppers and recorded their demographic and behavioral

characteristics. A significant number (8.5 percent) were determined to be shoplifters. They found that

juveniles and young adults were not more likely to shoplift. Middle-aged shoppers (35–54) were the

most common shoplifters. More research is needed in order to confirm this finding. A number of

states have passed antishoplifting statutes that enable retailers to stick shoplifters with some of the

cost of security. “Civil demand” letters are sent to the accused shoplifters or their parents asking for

payment of a $100 to $200 penalty in addition to the returned merchandise in exchange for the

retailer not suing for civil damages (Schellhardt, 1990).

Offenses against property, among the earliest to be punished under formal legal systems, include a wide variety of violations usually labeled larceny (theft). These offenses can be committed by a

CRJ 105 – Crime and Criminal Behavior

variety of criminal types, two of which are discussed and contrasted in this chapter: occasional property criminals and conventional property criminals. Career criminality is characterized by identification with crime, criminal self-concept, group support, association with other criminals, progression in criminality, and crime as a sole means of livelihood. While occasional property offenders are the antithesis of career criminals, conventional property violators are on the bottom rung of the ladder of career criminality. Occasional property offenders commit their crimes relatively infrequently, irregularly, crudely, and without identifying themselves as criminals. Conventional criminals commit their offenses more regularly and tend to aspire to career criminality. Occasional property criminal behavior includes most, but not all shoplifting, vandalism, motor vehicle theft, and check forgery. Cameron distinguishes between two types of shoplifters: boosters (professionals) and snitches (amateurs). The majority of snitches have no previous criminal history, do not identify with criminality, and are deterred from future activity when threatened with formal legal processing. Vandalism, the willful destruction of the property of others, has been identified by Andrew Wade as consisting of three types: wanton (senseless), predatory (criminal), and vindictive (hateful). Wanton vandalism by juveniles is the most common type and usually represents an extension of play activity. Motor vehicle theft also consists of a variety of types: joyriding, short-term transportation, long-term transportation, and profit. Joyriders, who borrow a car for temporary adventure, illustrate well the occasional property criminal. Check forgers have been distinguished by Lemert as consisting of two types: naive check forgers and systematic check forgers. The former, who are occasional property criminals, write bad checks as a means of resolving a temporary crisis. The bad check writing is a result of closure, or limited possibilities for solving this problem. Conventional property criminals are those who commit larceny-theft and burglary on a fairly persistent basis, constituting a rudimentary form of career criminality. Such offenders are less skilled and organized than their professional counterparts and represent about half of the prison inmates in the United States. Most will eventually reduce or cease their “careers” by their mid-twenties. Burglary involves the unlawful entry of a structure in order to commit a felony or theft. This may include actual forcible entry, unlawful entry without force, or attempted entry. As a rule, burglars attempt to avoid violence. Marilyn Walsh identifies types of burglars. These include professionals, known burglars, young burglars, juvenile burglars, and junkies, in decreasing order of sophistication and organization. Other characteristics of burglars and burglary were described separately by Scarr, Repetto, and Pope. Indispensable to property criminals and particularly burglars is the fence, a dealer in stolen property. Successful police “stings,” or anti-fencing operations, were described. Most conventional offenders are nonspecialists; they “hustle,” or take advantage of various criminal opportunities. Larceny-theft, which includes a broad category of property crimes, makes up over half of the index offense total and as a category constitutes a “wastebasket concept,” a catch-all. Property offenses are more characteristic of youthful offenders, who tend to commit crimes in groups. Arson, which has since 1979 been included as a UCR index offense, involves any willful or attempted malicious burning of another’s property. Arson is described as a special-category property offense because of the variety of motivations involved, including (according to McCaghy’s typology) profit, revenge, vandalism, crime concealment, sabotage, and excitement. Comparisons of criminal careers of occasional versus conventional property criminals demonstrate that only the latter exhibit any level of commitment to criminality, and even they are often youthful offenders whose property criminality peaks at age 16, halves by age 20, and continues to decline thereafter. Societal reaction to occasional offenders is relatively mild, but it is relatively strong against conventional property offenders. Anthropological field research, such as that by Shover, suggests that programs aimed at identifying and getting tough with “career criminals” must be careful to examine the interplay among employment, threatened incarceration, and aging of offenders lest they get tough at the very time that most will mature out of crime. In sociology, professionals are those in occupations who possess useful knowledge and claim a service orientation for which they are granted autonomy. In this light, the term may be an inappropriate tag with which to designate skilled, able grifters or intensive career criminals. It is so widely used in the literature, however, that not to use the concept would be more confusing than to employ it. Sutherland’s classic 1937 work on the subject, The Professional Thief, describes some characteristics of professional criminals as including crime as sole livelihood,

CRJ 105 – Crime and Criminal Behavior

planning, technical skills, codes of behavior, high status, and an ability to avoid detection. Professional crime is a sociological rather than a legal entity. The argot (specialized jargon) of the professional criminal world uses Depression-era U.S. terms. Some examples include cannons (pickpockets), heels (sneak thieves), boosters (shoplifters), and the con (confidence games). A continuum model of professional crime presents crime as professional to the degree that it possesses the following characteristics: sole livelihood, extensive career, skill, high status, avoidance of detection, criminal subculture, planning, and “the fix.” The fix refers to the ability to avoid prosecution by compromising the criminal justice process. The term scam refers to various criminal techniques or hustles. Professional crime differs from occupational/corporate crime in that, in the former, crime is the sole purpose of a business. Some examples of professional crime from Edelhertz’s typology were presented, most of which are examples of fraud. Some professional crime might be described as semiprofessional in that it involves less skill and planning. Sometimes called bunko or flim flam or short con operations, these scams include the pigeon drop, the badger scam, the bank examiner’s scam, postal frauds, circus grifting, boojo (a gypsy con game), and various home-improvement frauds. The big con involves far more skill, more elaborate planning, higher- status victims, and much larger rewards for the criminal. Ponzi schemes are frauds in which early investors in a nonexistent product are paid high dividends on the basis of money obtained from later investors. Pyramid schemes require investors to seek a chain of other investors in order to reap a promised high return. Examples of big con operations also included religious cons. Various professional criminal trades were discussed in the chapter. These included boosters, cannons, professional burglars, box men, fences, paper hangers, robbers, arsonists, and auto thieves. Descriptions of careers of professional criminals are methodologically limited by the need to rely on case studies and popular sources for many accounts. Most professional criminals seek anonymity, know the police and members of organized crime, are very deliberate in plying their trade, and avoid conspicuous consumption. They avoid rough stuff and “heat” and attempt to minimize risks. Requiring skill and contact with others, most seek subcultural support as suggested in Sutherland’s “differential association” theory. The professionalization of criminal justice has appeared to reduce many of the previous opportunities available in professional crime. The President’s Commission on Law Enforcement and the Administration of Justice pointed to the importance of two essential elements that explain the success of professional crime: “the fence” and “the fix.” The high cost of legal defense also may be responsible for a portion of the decline of such crime.

https://strayer.vitalsource.com/#/books/9781483306919/cfi/22!/4/2/38/8/18/4@0:100

Examine each situation and describe the ethical and/or moral question,

December 17, 2022/in Uncategorized /by SK

No directly quoted material may be used in this project paper.

Resources should be summarized or paraphrased with appropriate in-text and Resource page citations.

For each of the three (3) scenarios, your assignment is to:

Examine each situation and describe the ethical and/or moral question,
Describe what you believe to be the motivation of the actor and the potential consequences of BOTH/EACH options,
Identify the decision you believe the actor SHOULD make, and
Provide the ethical basis for your decision.
Connect the ethical basis for your decision to ethical theories introduced at the beginning of the course and explain the rational for this connection.
Each decision must be considered separately and not be influenced by earlier decisions and/or actions.

This project is an opportunity for the student to demonstrate their understanding of ethics and value-based decisions. Most of these situations do not have a single correct answer. Grading is NOT based on solving the problem that is presented to the actor but in identifying the ethical dilemmas and determining and explaining the most ethical course of action.

————————————————————————————————————-

1. The judge

Judge Jeffery Owens is very troubled by the felony case before him. The defendant, Woodrow Wilson, had been found guilty of armed robbery of a liquor store. The case alleged that Wilson had a handgun in plain sight when he entered the Sin-Yon liquor store, that he hit the owner in the head with the weapon and forced him to open the cash drawer. Fleeing the scene on foot, Woodrow only got a few blocks before responding police officers spotted him and made the arrest. The prosecutor, armed with the recovered cash, video surveillance and an eyewitness as evidence had an easy case. Now it is time for sentencing.

Jeffery saw the demonstration of business owners in the hallway when he entered the courthouse that morning. They were chanting “Justice for our victims” and were demanding a lengthy prison sentence. The Pre-Sentence Investigation report said Wilson was suffering from acute addiction and associated mental problems that had caused these violent (but not criminal) outbreaks in the past. There is no information in the file that Wilson has ever received treatment for his disorders. Jeffery knows that, due to budget cuts, the state prison system has very little in the way of addictive or behavioral disorder treatment programs. The prisons had reverted to merely warehousing inmates. However, he had read that the county jail had received a federal grant to establish exactly the kind of services that it appeared Wilson needed. Obviously, he had no way of knowing if this or any treatment would be successful for Wilson.

Sentencing guidelines were established to ensure that defendants convicted of similar offenses received similar punishments. According to the sentencing guidelines, Wilson should be sentenced to 5-7 years in the state correctional prison system. Jeffery knows that the business community was calling for the maximum sentence. The county jail only took inmates sentenced to eighteen months or less. What sentence should Judge Owens impose on Mr. Wilson?

2. The District Attorney

Jessica ran a successful campaign for district attorney on a very conservative platform generally critical of the incumbent’s inability or unwillingness to prosecute police misconduct with criminal charges. The city’s police chief did not support her campaign. He felt that administrative actions that could result is fines, suspensions, demotion or termination of employment were sufficient punishment. Additionally, victims could sue an officer in civil court if the officer acted outside the scope of their authority and immunity. The chief felt that these consequences should be sufficient for any police misconduct except, perhaps, a felony. Since her election Jessica has brought criminal charges of larceny against one officer for switching city tires off his patrol car on to his personal car. She also brought assault charges against an officer when she learned a suspect needed medical treatment for wrist abrasions due to her handcuffs being too tight. Recently several assistants have cautioned her that they are losing criminal cases, including serious felony cases, because police officers are either not appearing to testify at court or are having “difficulty remembering” critical details during their testimony. This started in traffic court but has also occurred in misdemeanor trials as well. The feeling is these officers are retaliating against the district attorney’s officer for the criminal charges being brought against members of the police force. The pattern is quite clear and getting worse. Prosecutors are complaining that police detectives are “too busy” to return their calls. Jessica understands she cannot successfully prosecute criminal cases without the cooperation of the police department. At the same time, she feels as though she is being bullied by an overly protective autocratic police chief. She feels she can and should prosecute police officer for any criminal offense …and feels that her election demonstrated that the community agrees with her. What should Jessica do?

3. The Officer

Scot is still on probation as a police department rookie. While on probation he can be dismissed at any time for any reason and would not be entitled to a trail board or hearing prior to dismissal.

During the course of his patrol duties Scot has cause to stop a car for a legitimate but minor traffic violation. The motorist was highly agitated at being stopped “for no reason” and, using a variety of obscene references and racial slurs, adamantly expressed how upset he was. Agitated, Scot told the man to exit the vehicle and place his hands on the hood of his car. Scot looked through the car interior, and then took the keys out of the ignition to open the trunk. Seeing what Scot was doing the driver told Scot to stop and that he could absolutely not search the trunk of the car. Ignoring this, Scot opened the trunk and discovered in plain view a large, clear plastic bag containing thousands of pharmaceutical-type capsules. Scot could hear the driver screaming, “That ain’t mine. That ain’t mine.” Scot suddenly realized he has committed an illegal search. What should Scot do?

Format Requirements

A minimum of 10 full narrative text pages
Double space
12 pt. font
1” margins
Use American Psychological Association (APA) citation format for all narrative and Reference Page sources
Reference Page is not included in the word count

NOTE: For a formal paper, an introduction paragraph and a closing paragraph are always appropriate.

Additionally – Create a cover page for your assignment (not included in word count)

Include your name
Course title and number
Project title
Date of submission

Reflection Log: Redemption And Capital Punishment

Narrated Crime Scene Investigation Walk-Through Power Point

Overview

Instructions

Property Crime And Typologies Performance Task

Examine each situation and describe the ethical and/or moral question,

Experience

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