Difference between revisions of "Thieves"
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==Origin== | ==Origin== | ||
[https://nordan.daynal.org/wiki/index.php?title=English#ca._1100-1500_.09THE_MIDDLE_ENGLISH_PERIOD Middle English] theef, from [https://nordan.daynal.org/wiki/index.php?title=English#ca._600-1100.09THE_OLD_ENGLISH.2C_OR_ANGLO-SAXON_PERIOD Old English] thēof; akin to Old High German diob thief. [[compare]] Lithuanian tupēti to crouch down. | [https://nordan.daynal.org/wiki/index.php?title=English#ca._1100-1500_.09THE_MIDDLE_ENGLISH_PERIOD Middle English] theef, from [https://nordan.daynal.org/wiki/index.php?title=English#ca._600-1100.09THE_OLD_ENGLISH.2C_OR_ANGLO-SAXON_PERIOD Old English] thēof; akin to Old High German diob thief. [[compare]] Lithuanian tupēti to crouch down. | ||
| − | *[ | + | *[https://en.wikipedia.org/wiki/12th_century before 12th Century] |
==Definitions== | ==Definitions== | ||
*1: one that steals especially stealthily or [[secretly]]; also : one who commits theft or larceny | *1: one that steals especially stealthily or [[secretly]]; also : one who commits theft or larceny | ||
*2: one who takes portable [[property]] from another without the [[knowledge]] or [[consent]] of the latter, converting it to his own use; one who steals. | *2: one who takes portable [[property]] from another without the [[knowledge]] or [[consent]] of the latter, converting it to his own use; one who steals. | ||
==Description== | ==Description== | ||
| − | In [ | + | In [https://en.wikipedia.org/wiki/Criminal_law criminal law], '''theft''' is the illegal taking of another person's [[property]] without that person's freely-given [[consent]]. The [[word]] is also used as an informal shorthand term for some [[crimes]] against [[property]], such as burglary, embezzlement, [https://en.wikipedia.org/wiki/Larceny larceny], looting, robbery, shoplifting, [https://en.wikipedia.org/wiki/Fraud fraud] and sometimes criminal conversion. In some [[jurisdictions]], theft is considered to be synonymous with larceny; in others, theft has replaced [https://en.wikipedia.org/wiki/Larceny larceny]. |
Someone who carries out an [[act]] of or makes a [[career]] of theft is known as a thief, and the act of theft is known as stealing, thieving, or sometimes filching. | Someone who carries out an [[act]] of or makes a [[career]] of theft is known as a thief, and the act of theft is known as stealing, thieving, or sometimes filching. | ||
==Elements== | ==Elements== | ||
| − | The [ | + | The [https://en.wikipedia.org/wiki/Actus_reus actus reus] of theft is usually defined as an unauthorized taking, keeping or using of another's [[property]] which must be accompanied by a [https://en.wikipedia.org/wiki/Mens_rea mens rea] of dishonesty and/or the [[intent]] to permanently deprive the owner or the [[person]] with rightful [[possession]] of that [[property]] or its use. |
| − | For example, if X goes to a restaurant and, by mistake, takes Y's scarf instead of her own, she has physically deprived Y of the use of the [[property]] (which is the actus reus) but the mistake prevents X from forming the mens rea (i.e., because she [[believes]] that she is the owner, she is not dishonest and does not [[intend]] to deprive the "owner" of it) so no [[crime]] has been committed at this point. But if she realises the mistake when she gets [[home]] and could return the scarf to Y, she will steal the scarf if she dishonestly keeps it. Note that there may be civil liability for the [ | + | For example, if X goes to a restaurant and, by mistake, takes Y's scarf instead of her own, she has physically deprived Y of the use of the [[property]] (which is the actus reus) but the mistake prevents X from forming the mens rea (i.e., because she [[believes]] that she is the owner, she is not dishonest and does not [[intend]] to deprive the "owner" of it) so no [[crime]] has been committed at this point. But if she realises the mistake when she gets [[home]] and could return the scarf to Y, she will steal the scarf if she dishonestly keeps it. Note that there may be civil liability for the [https://en.wikipedia.org/wiki/Tort torts] of [https://en.wikipedia.org/wiki/Trespass_to_chattels trespass to chattels] or [https://en.wikipedia.org/wiki/Conversion_(law) conversion] in either eventuality.[https://en.wikipedia.org/wiki/Thief] |
[[Category: Law]] | [[Category: Law]] | ||
Latest revision as of 02:41, 13 December 2020
Origin
Middle English theef, from Old English thēof; akin to Old High German diob thief. compare Lithuanian tupēti to crouch down.
Definitions
- 1: one that steals especially stealthily or secretly; also : one who commits theft or larceny
- 2: one who takes portable property from another without the knowledge or consent of the latter, converting it to his own use; one who steals.
Description
In criminal law, theft is the illegal taking of another person's property without that person's freely-given consent. The word is also used as an informal shorthand term for some crimes against property, such as burglary, embezzlement, larceny, looting, robbery, shoplifting, fraud and sometimes criminal conversion. In some jurisdictions, theft is considered to be synonymous with larceny; in others, theft has replaced larceny.
Someone who carries out an act of or makes a career of theft is known as a thief, and the act of theft is known as stealing, thieving, or sometimes filching.
Elements
The actus reus of theft is usually defined as an unauthorized taking, keeping or using of another's property which must be accompanied by a mens rea of dishonesty and/or the intent to permanently deprive the owner or the person with rightful possession of that property or its use.
For example, if X goes to a restaurant and, by mistake, takes Y's scarf instead of her own, she has physically deprived Y of the use of the property (which is the actus reus) but the mistake prevents X from forming the mens rea (i.e., because she believes that she is the owner, she is not dishonest and does not intend to deprive the "owner" of it) so no crime has been committed at this point. But if she realises the mistake when she gets home and could return the scarf to Y, she will steal the scarf if she dishonestly keeps it. Note that there may be civil liability for the torts of trespass to chattels or conversion in either eventuality.[1]
