“””After your initial post, read and reply to at least TWO other postings made by your classmates with substantial responses that further the discussions. Remember to read and reply to questions from your instructor.””””
i need a respond for this 2 post please…
1st post STUDENT POSTED
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May 10, 2021May 10 at 9:37pm
For this discussion, what possible crimes have been committed by Sigmund? Freud? Are there any available legal defenses?
Laws are generally meant to maintain order in society, regulate human interaction, enforce moral beliefs, sustain individual rights, identify wrongdoers, and enforce and set punishment and retribution (Schmalleger, 2019). Sigmund and Freud could be found liable of varying crimes, but there are some defenses that they can use if they are applicable.
Crimes committed by Sigmund: Sigmund committed misdemeanor theft which includes crimes such as petty theft, simple assault, breaking and entering, disturbing the peace, etc. (Schmallenger, 2019). In some individuals opinion, Sigmund didnt commit a crime as the theft hadnt been fully completed as he never left the electronic store, but a misdemeanor covers an incomplete offense or a crime that has not been fully carried out. More specifically in Texas, you can be charged with shoplifting even if you didnt actually steal anything, but if you had every intention of stealing something such as concealing a product under your clothing.
Crimes committed by Freud: Freud may have been in the wrong place in the wrong time, but only a court room and judge may make that decision. Inchoate offenses can cover conspiracy to commit a crime and Freud can be held liable. Further, you can be arrested for shoplifting if you were acting as a lookout while someone else steals something, which Freud can be faced with.
Defenses available: A justification that a criminal could say that he committed a crime is that it was out of necessity to avoid greater evil (Schmallenger, 2019). Sigmunds mother could have been captive until he returned with the airpods, causing him to commit this crime. Another defense that is available for Sigmund is his age, if he is under the age of seven then he cannot be charged. Another defense that Sigmund could use is the mistake excuse, stating he took the airpods by mistake. Mental or behavioral issues could be used as a defense also such as: irresistible impulse, Durham Rule, and Substantial/Capacity Test. The irresistible impulse prevents an individual from not taking something even though s/he knows it is wrong. Kleptomania is a disease where the Durham Rule may be fitting as it states someone couldnt be criminal liable if they are diagnosed with a mental disease or defect. Substantial-Capacity Test states that Sigmund lacked the mental capacity to understand the wrongfulness of his act or conform his behavior to the requirements of law (Schmallenger, 2019).
Schmalleger, F. (2019). Criminal justice: a brief introduction, (13th ed.). Upper Saddle River, NJ: Pearson/Prentice Hall.
2nd post STUDENT POSTED
May 12, 2021May 12 at 10:37pm
What possible crimes have been committed by Sigmund? Freud? Are there any available legal defenses?
In Maryland, Sigmund could be charged with a misdemeanor offense of shoplifting under Criminal Code section 7-104 (General Theft). Because the value of the Airpods falls between $100 and $1000 the punishment could include up to 18 months in prison and a maximum fine of $500. Unfortunately for Sigmund, if he has had two or more prior convictions, his prison time could increase to as much as five years, and his fines could go as high as $5000 (MCC Sec 7-104).
Although Maryland doesn’t have a specific “aiding and abetting” statute, Freud could be charged for shoplifting just like Sigmond and potentially receive the same punishments.
The accused could use several available legal defenses in either case. For Sigmund, the most logical defense is lack of intent, although in Maryland, depriving the owner of their property (using, concealing, or abandoning,) even unintentionally, could result in a conviction 9MCC Sec 5-402).
In Freud’s case, even though he saw Sigmond place the Airpods in his pocket, he could claim “Mistake of fact” (mistaken ownership). The prosecutor then would have to prove that Freud intentionally aided, counseled, or acted to facilitate Sigmond’s crime which could be problematic.
Regards, Freddy G
Maryland Courts. (n.d.) Maryland Code and Court Rules. Thurgood Marshall State Law Library. Maryland Criminal Code Section 7-104 (General Theft). Retrieved from https://mdcourts.gov/lawlib/research/gateway-to-md-law/code-rules-laws-sources (Links to an external site.)
Maryland Courts. (n.d.) Maryland Code and Court Rules. Thurgood Marshall State Law Library. Maryland Courts and Judicial Proceedings Code Section 5-402 (Shopkeeper’s Privilege). Retrieved from https://mdcourts.gov/lawlib/research/gateway-to-md-law/code-rules-laws-sources
I like how you used the state that you reside in to refrence what the punishment would be for shoplifting. I find it interesting that Maryland does not have a specific aiding and abetting statute.
We currently live in New York after a little research this is all I could find under section 20.00 ‘criminal liability for conduct of another’ it says ” When one person engages in conduct which constitutes an offense, another person is criminally liable for such conduct when, acting with the mental culpability required for the commission thereof, he solicits, requests, commands, importunes, or intentionally aids such person to engage in such conduct”(Criminal Liability for Conduct of Another, 2021). I believe in Freuds case he would be free of any charges because he does known of these.
Do you think it’s fair for Freud under Maryland law to be charged for shoplifting even though he technically didn’t committ a crime ?
Criminal liability for conduct of another. (2021, May 7). NY State Senate. https://www.nysenate.gov/legislation/laws/PEN/20.00