Read Articles 221 on burglary and 223 on theft together and answer the following. Mike is a homeless man who is also an alcoholic and a crack addict. He lives under a bridge in the City. He has fashioned a tarp to cover himself, which has the appearance, when situated properly, of a typical camp tent. Mike is passed out for the night. Dean, another homeless man, comes upon the tarp and looks inside. He sees Mike passed out and looks around more. Dean takes some crack and marijuana from inside the tarp and from Mike's person. The street value of the drugs taken exceeds 500 dollars. An undercover officer was watching the whole thing and arrests Dean. What issues do you see with a prosecution for burglary? Theft? Burglary and Theft together? Discuss and analyze fully. 

 

#2 Read about the entrapment defense in the Model Penal Code section 2.13. Answer the following: Retail store is concerned about crime on its parking lot---both as to Customers cars and its own equipment and merchandise. The manager of the store approaches the beat officer of City PD who relays managers concern to a detective. Detective suggests the following operation to combat this problem -- Police will sit at a far corner of the parking lot with audio and videotaping equipment. Police will furnish unmarked station wagons and hatchbacks to serve as "bait" Inside these vehicles store manager agrees to place expensive appliances such as TV's and stereos, etc. which will be placed in such a way as to be plainly visible from the outside. All the vehicles will be left unlocked and some even with open rear doors or hatches. Over a three week period, police and store officials catch 12 thieves in the parking lot -- 12 people who went up to these vehicles and took something that didn't belong to them. All 12 are charged with felony stealing. Assess the viability of the entrapment defense for these defendants assuming that the law is written similar to the Model Penal Code above. Discuss and analyze fully