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Posts: 165
A week ago

Question 1.

Compare and contrast forgery and uttering.

Question 2.

Michael Janson is a local police officer. One evening, Janson pulled over George McCain for making an illegal lane change without a signal. Janson insisted that George exit the vehicle and searched him. Throughout the interaction, George believed the officer was following proper police protocol. It was later discovered, however, that during the search Officer Janson removed George's wallet from his back pocket without his knowledge. Did Officer Janson commit larceny? Why or why not?
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Criminal Law (Justice Series)
Edition: 2nd
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Answer verified by a subject expert
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Posts: 179
A week ago
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Answer 1

Forgery is defined as "the false making or the material altering of a document with the intent to defraud." Uttering refers to the act of passing on a forged document to someone else. Both are considered crimes. Obviously, however, the crime of forgery may well go undetected until someone actually attempts to use the forged document.
Examples of forgery and uttering include the following: Signing someone else's name on a legal document, printing counterfeit tickets for a sporting event, altering the amount of a check, and altering grades on a college transcript. Many states have opted to criminalize forgery and uttering via a single statute.

Answer 2

There are four elements to the actus reus of larceny. They are: 1. Trespass, 2. Taking, 3. Carrying away, 4. Personal Property. There can be no larceny without a trespass and there can be no trespass unless the property was in the possession of the one from whom it is charged to have been stolen. Depending on the conduct for police protocol, removing his wallet may or may not count as trespassing. In general, taking refers to the removing the property from the possession of another. There is no evidence that the wallet was removed from George's possession for reasons other than proper police protocol. 3. The wallet was not carried away. In addition, the Modern Penal Code does not require proof of carrying away. 4. Personal property is anything other than real property that is also tangible. The wallet is personal property. Student answers will vary but arguably the evidence does not suggest that Officer Janson committed larceny.
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A week ago
Thank you, thank you, thank you!
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A week ago
You're welcome
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