Theft; Historical Development of the Criminal Law (From Criminal Law and Approaches to the Study of Law: Cases and Materials, Second Edition, P 229-329, 1991, John M Brumbaugh -- See NCJ-129382)

• NCJ Number: 129384
• Author(s): J M Brumbaugh
• Date Published: 1991
• Length: 101 pages
• Sale Source: Foundation Press
• Publication Type: Legislation/Policy Description; Historical Overview
• Language: English
• Country: United States of America

Annotation

This chapter traces the historical development of the central theft offenses prior to statutory consolidation, primarily through English cases and statutes.

Abstract

The history of theft law provides a typical model for legal development. The socially serious and obtrusive problems are addressed first, often in summary fashion by the judges. Legal rules develop and are stretched by fictions to cover tempting situations not quite within the core principles. Legislation then enters to make major changes that judicial development cannot accomplish. The judges continue to elaborate the old judicial and the new legislative ideas. Finally a unifying codification is attempted, solving some problems and leaving others for the continuing work of the courts and legislatures. A discussion of the central theft crimes prior to statutory consolidation covers the original and extensions of common law larceny and extensions of common law larceny and new statutory crimes. The latter encompasses theft by servants and other fiduciaries; theft by bailees, finders, etc.; and theft by deceit. Other theft offenses addressed are robbery and extortion, receipt of stolen goods, and forgery. A discussion of the consolidation of the theft offenses concludes the chapter. Illustrative court cases and study questions