Briefly compare and contrast the concepts of constructive and joint possession against actual (regular) possession. Discuss why you believe constructive and joint possession should or should not be permissible as legal offenses.
What will be an ideal response?
Constructive possession is when an object or contraband is outside of an individual’s actual
physical control but over which he or she exercises control through access to the location. Joint
possession is when a number of individuals exercise control over an object or contraband. These
two types of possession differ from actual possession, which means that an object or contraband
is within an individual’s physical possession or immediate reach. It is much more difficult to
convict a defendant of constructive possession because the amount of control a person has over
an object or an area where the object is, is not always clear. With joint possession, it is also
difficult to determine who actually controls an object or the area where the object is.
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