JohnSmithis married to Jane Smith.They have three children ages 5, 3 and 6 months.Jane is a stay at home mom.December 31, 2001, John was laid off from his job.His unemployment ran out on May 30, 2001 and the family had no income.On July 5, 2002, John went into the Swift Mart and took the following items without paying: 1) can of baby formula, (2) a can of tuna and (3) a loaf of bread.On July 10, 2002, John went back to the Swift Mart and took a gallon of milk and a carton of cigarettes without paying.

The owner of the Swift Mart contacted the police and John was arrested on theft charges.He was charged with one count of theft for the July 5^thincident and one count of theft for the July 10^thincident.He is facing up to one year in jail on each count of theft if he is convicted of the theft charge.John waived his right to a jury trial and the trial was to a judge.During the trial, John pleaded with the judge that the food was for his children and that he didn't have any money and couldn't find a job.All of the above information was entered into evidence at the trial.Also, John has never before been convicted of a crime.

The State Code reads that it shall be a crime for someone to take property from another with the intent to deprive the owner thereof.History has shown that if a person gets away with a crime, that person will continue to commit other crimes.

Based on the Smith case above, answer the following questions:

A) Describe what each of these types of jurisprudence then B) decide this case as a judge who follows each (e.g guilty or not guilty and what would the sentence be and why).

1)Natural Law (4)

A)

B)

2)Positive Law (4)

A)

B)

3)Historical School (4)

A)

B)

4)Legal Realism (4)

(A)

(B)