Do you agree that the mens rea of larceny is an issue for the jury to decide? Do you think that it is fair for someone to be convicted of larceny when they intended only to borrow the item?

If you lent a car to a friend with the expectation that they would return it in good working order and they returned it as a smoking hulking heap on the back of a flatbed tow truck and made no effort to repair or replace the car, would you feel comfortable saying that they did not "steal" the car because they had no intent to permanently deprive, even though you no longer have a car?
What will be an ideal response?


ANSWER: Answers may vary: This question is designed to solidify student understanding that to be a thief, one must have the intent to steal. But if one "borrows" an item and it loses all value in the borrower's custody and makes no arrangements for reparation/repayment, it is stealing.

Criminal Justice

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