Should a statute be enacted clarifying an individual's responsibilities upon discovery of lost or mislaid property? What might be the elements and penalty for failure to comply with the proposed law?

Question

What will be an ideal response?

Answer 1

Answers may vary widely from students who believe no such statute is desirable or needed to those who would support a statute which outlines an individual's responsibilities on finding lost or mislaid property. A reasonable argument can be made that violation of such a statute would be impossible to detect and that society would be better served by educating citizens of their responsibility to take reasonable efforts in returning lost and mislaid property. This is one of those areas where the criminal law might be used to encourage desirable behavior as opposed to deterring undesirable conduct.

If such a law were enacted, possible elements might include:
• The duty to turn the item over to governmental authorities while retaining a right to the item if not claimed within a specified time period.
• A requirement that the finder place notice of the item on a governmental or community electronic bulletin.
• Another requirement might be to mandate the finder take reasonable efforts to locate the true owner and then file an affidavit with authorities describing the steps that were taken.