Criminal Justice
INTEROFFICE MEMORANDUM
Supervising Attorney
Paralegal
John Ebersol
Determine whether Mr. Ebersol was guilty of shoplifting. If Mr. Ebersol was guilty of shoplifting, determine what he can expect his punishment to be.
FACTS:
Mr. Ebersol purchased a flathead screwdriver from the hardware store on Saturday, but purchased a Phillips head screwdriver by mistake. Mr. Ebersol returned to the store with the intention of purchasing screws for his new screwdriver. When he discovered that the hardware store was out of flathead screws, Mr. Ebersol left the flathead screwdriver on the counter and left the store with a Phillips head screwdriver in his pocket. Mr. Ebersol was detained, interrogated for 2 1/2 hours, and released with shoplifting charges against him.
ISSUES:
(1) Is Mr. Ebersol guilty of shoplifting?
(2) If Mr. Ebersol is guilty of shoplifting, what can his expected punishment be?
BRIEF ANSWERS:
(1) Mr. Ebersol is not guilty of shoplifting.
(2) If found guilty of shoplifting, Mr. Ebersol can expect to serve 30 days or pay a $500.00 fine.
ANALYSIS:
(1) Is Mr. Ebersol guilty of shoplifting? No. There are two arguments that can be made in favor of Mr. Ebersol. Under Revised Statute § 22-15-992, any person who attempts to conceal or actually conceals property without providing adequate compensation for the item will be considered guilty of shoplifting. The key language in §...
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