Mgmt 354, Notes Chapter 8

Changing public intoxication to public indecency

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then it is not public intoxication. Changing public intoxication to public indecency - What’s the public place – on the front porch of your house – yes if you can be seen from the roadway (which is public view). Example of a man in Virginia being really upset because of indecent exposure. The statute in Virginia is indecent exposure instead of public indecency ( both mean the same thing). Why did this man go to jail in Virginia. Because he didn’t close the blinds in his house and he goes around the house naked. That would be fine, if you live in the country and couldn’t be seen from the county road. But if you can be seen from the side walk or public road, then it would be considered public indecency (indecent exposure). So, we have to carefully look at the statute which means any place which is on public property or adjacent to the public place or can be seen from a public area would cause public indecency. What’s a public place – is the front porch of your house a public place? Yes if it can be seen from the public roadway. How do they decide whether a person is intoxicated – it can be search and seizure of blood to check for the intoxication level, if the police officer has a probable cause to think that the person is intoxicated. So, even if you don’t want to go through a breath analyzer test, you can be taken to a medical facility to take the blood for testing from you. Another test what police officer can do is moving their finger at an angle and see when your eye start twitching or how fast it twitches. Or make you walk on a straight line. Embezzlement - is taking property that has been entrusted to you. Example of a clerk taking the money from the customer and putting it in their pocket--- embezzlement. If you keep the book checked out from the library for too long, or don’t return the DVD could be an embezzlement because it has been entrusted to you. Normally we think of something you have that belongs to your employer -- that’s an aspect of the embezzlement. Theft- Receiving of stolen property. For higher level of offenses, we need to know knowingly or intentional aspect, not just that you did it. Also, this type of theft that we mentioned is class D felony. Example of two idiots stealing money from a tip jar – they can go to prison for up to 4 years. Example of a guy taking an airplane and driving it down the runway, could be convicted of theft. Larceny- is just stealing someone else’ property. Robbery - Common law aspect that it is taking property from somebody by force or threat of force. Some sovereigns takes it little further. It has enough that the act is done in the presence of a person, so it is knowingly or intentional and not accidentally taking the property from another person or from their presence ( and you can also have force or threat of force). So, if a person threaten a victim and tells the victim to give his pen or he will stab him. If a person snatches the
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pen out of victims hand, this is enough to be robbery. The presence of vicim was sufficient to consider this act as robbery. So, an example of a mugger, grabbing somebody’s purse, we have a higher level offense for this type of crime – why? Because person could be injured where as in Larceny the person isn’t around. Common law aspect of Larceny example – if you leave the class
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  • Fall '08
  • Staff
  • criminal law, person, theft

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