Criminal Actions

1. Shall a merchant who although unaware of the legal status of goods s/he has purchased, be deemed responsible for receiving stolen goods?;

2. Shall a merchant be held responsible for aiding and abetting vandalism and breaking and entering although s/he committed no acts of destruction?;

3. Shall a merchant who unknowingly helps in the appropriation of stolen goods be deemed guilty of larceny?

1. Yes. Charges that are brought are tantamount to a summation of the facts as the arresting officer or complainant offers them. In TITLE 11 of Rhode Island=s Criminal Offenses, CHAPTER 1141 under Theft, Embezzlement, False Pretenses, and Misappropriation, in SECTION 11412, the law reads A Receiving stolen goods. B Every person who shall fraudulently receive any stolen money, goods, securities, chattels, or other property, knowing it to be stolen shall be deemed guilty of larceny, although the person who stole the same may not have been prosecuted or convicted therefore; and the possession of any such stolen property shall be evidence of guilty knowledge by the person having possession that the property was stolen, except the person shows that it was acquired in the due course of trade and for adequate consideration (TITLE 11 Criminal Offenses, CHAPTER 1141).@

2. No. According to Rhode Island Criminal Offenses Code CHAPTER 118, under Burglary and Breaking and Entering, in ' 1181.1 Attempted breaking and entering. B (a) Whoever

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us broke the lock on the front door with a crowbar. A. Teak in tandem with Mr. Cyrus, were moving the furnishings from the second floor to the first when the police arrived at the behest of concerned neighbors. In reference to the charges of larceny, the relevant facts as regards A. Teak are as follows. After the police had arrived on the scene, another individual arrived claiming that house and the contents belonged to him. He had never met Teak or Cyrus, who now admitted that his name was Onda Lam. The other man, named Sonny Goodson, noted several items missing from the house which were later positively identified at A. Teak=s place of business. Merchant Teak consented to the search. Discussion 1. On Receiving Stolen Property One of the most often heard phrases concerning the law and is >ignorance of the law is no excuse=. In regard to A. Teak and the charges of receiving stolen property, ignorance of the law in at least once instance can not be an excuse. The law describes an absolute line beyond which an offense has been committed regardless of the intent or knowledge of the transgressor. As presented in the statement of facts section of this discussion, A. Teak ran a furniture store that involved moderately pri

Category: Government - C