Kelly Smith

Period 5/6
April 24th, 2013
Mrs. Porter

Fact Pattern One

I: Whether or not Adrianna should be charged with receiving stolen property.
R: The actus reus of receiving stolen property requires that the receiver controls the
property. The mens rea of receiving stolen property can vary, but in every case
surrounding circumstances are taken into account. Some states require that the
person know they are receiving stolen property, while others do not. Another aspect
of the mens rea is that the receiver must have the intent to keep the item
permanently.
A: When Adrianna purchased the stolen wallet for ten dollars, she clearly had some
sort of knowledge that a suspicious transaction had taken place. It is stated that she
loved a good bargain and knew that Tori Burch wallets retailed for about 250
dollars. Under the mens rea of receiving stolen property, a surrounding
circumstance that would be taken into account would be when a person buys goods
at a fraction of their retail value (from an unauthorized seller). Whether or not this
case took place in a state that required the receiver know that they bought stolen
goods would not matter in this case due to this fact and the fact that there was some
sort of identification inside the wallet. This is referring to the receipt that was found
inside the wallet, which would most likely identify the owner of the wallet. With

regards to Slick Luke, he would be charged with grand theft because of the large
amount of money and merchandise that was stolen from Nabisa (about $750).
C: Chane Zak Marky Smith could successfully prosecute Luke for grand theft and
Adrianna for receiving stolen property.

Fact Pattern Two

I: Whether or not Christopher burglarized the home he shared with his girlfriend
and whether or not Christopher committed assault on Makavelli.
R: Burglary two main requirements:

Breaking and entering

With the intent to commit a felony inside.

Burglary in the second degree requires that

A person commits the crime of burglary in the second degree if he knowingly

enters or remains unlawfully in a building with intent to commit theft or a
felony therein and, if in effecting entry or while in the building or in
immediate flight therefrom, he or another participant in the crime
o Is armed with explosives or a deadly weapon; or
o Causes physical injury to any person who is not a participant in the
crime; or
o Uses or threatens the immediate use of a dangerous instrument

Attempted battery assault consists of having the specific intent to commit a

battery and taking substantial steps toward carrying it out without actually
following through with the attempt.

A: Although it is not explicitly stated that the home belonged to Christopher, I am

working under the assumption that both Faith and Christopher own the home.
When it is said that Christopher wanted to teach her a lesson this could be
interpreted in a few ways. This could mean that he wanted to maim Faith, Makavelli
or the both of them. I am also working under the assumption that he intended to
harm Makavelli in order to teach her a lesson. He entered the home with a
weapon, after waiting for Makavelli and Faith to arrive at the home, and until the
lights went off after they arrived. He used keys to enter the house, but this doesnt
mean much considering that he entered the home with a sole intent to commit a
crime. When Makavelli is awoken, he is met with a gun that is pointed between his
eyes, and a masked man yelling that he has some nerve and will be shown
disrespect. This threat, which truly horrified Makavelli as he perceived it to be
serious, would go to prove that Christopher had committed attempted battery
assault, due to the measures he had taken to commit attempted battery assault.
C: Had I been the prosecutor of this case, I would charge Christopher with burglary
in the second degree and attempted battery assault.