Or Hides Goods With The Intention of Taking Them Without Paying For Them." Read The Following
Or Hides Goods With The Intention of Taking Them Without Paying For Them." Read The Following
or hides goods with the intention of taking them without paying for them.” Read the following
facts and cases, and state a rule that explains when someone violates the shoplifting law. Then
apply the rule to Johnson’s case and predict how a court would rule.
Facts
Jack Johnson, age 16, lives in the Arcadia. He was detained for shoplifting a music store. Jack was
accused of taking two CDs. He claims he meant to pay for them and only stuffed them in the pocket
while he looked at DVDs. He was apprehended by security guards before he left the store.
Cases
Three recent cases discuss the crime of shoplifting under Arcadia law. In one, a man who was
carrying a large trash can walked out of a hardware store to determine if it was fit in his car. He
claimed that he has no intention of taking the can without paying for it, but only wanted to
see whether it would fit in his car. The court found that he was not guilty of shoplifting. In another
case, a women was arrested in the parking lot of a drug store with six bottles of nail polish in her
pockets. Though she claimed she intended to pay for them but forgot, the court found her guilty of
shoplifting. In the last case, a woman entered the fitting room of a clothing store. When she
emerged, she was wearing four shirts, one under another. Each had the price tag attached. She
was stopped in the adjacent parking lot by store security and charged with shoplifting. The
court found her guilty of shoplifting.
First case:
rule: a person only accused for shoplifting when these four elements are satisfied:
(1) An individual: this term denotes a single person that in the age of criminal responsibility
(2) location: in the store
(3) taking the merchandises out of the store without permission or hiding merchandises with the
intention to own it without paying
Issue: whether Jack will be charged for shoplifting
Rule:
(1) An individual: this term denotes a single person that in the age of criminal responsibility
(2) location: in the store
(3) taking the merchandises out of the store without permission or hiding merchandises with the
intention to own it without paying
Apply:
(1) Jack is an individual because he is an human being in the age of 16, which is the age of
criminal responsibility.
(3) Jack was putted CDs in his pocket and he hadn’t left the store, nevertheless, in most case
the prosecution would convince a jury that he intended to keep the items without paying for
them when you put them in his pocket. However, it is still depending on the situation that
whether the store have the cart, and if yes, did the cart was full or emty. If the cart was full, it
can be accused for hiding goods and vice versa.
Conlusion: the court would rule that Jack what committed for shoplifting due to the act of
hiding the CDs in his pocket to deprive the CDs without paying it.