Full access allows:
- Solve all tests online without limits;
- Remove all advertisements on website;
- Adding questions to favorite list;
- Save learning progress;
- Save results of practice exams;
- Watching all wrong answered questions.
38. Upon the defense attorney's request, should the trial court instruct the jury on the lesser included offense of simple theft?
The defense attorney has requested that the trial court instruct the jury on the lesser included offense of simple theft. The prosecution objects, arguing that the court should only instruct on the charged offense of aggravated theft.
The value of the equipment was disputed. The prosecutor offered evidence that the computer equipment was worth more than $1,000, but an expert witness called by the defense testified that the equipment was worth much less.
A defendant was charged in federal court under the Assimilative Crimes Act, which provides that the criminal law of the state in question applies to crimes committed on federal enclaves within the state. Federal prosecutors charged the defendant with aggravated theft for stealing computer equipment from a store on a federal military base. Under the controlling state's criminal law, the crime of aggravated theft, punishable by up to 10 years in prison, requires that the stolen property be worth $1,000 or more. If the stolen property is worth less than $1,000, the crime is simple theft with a maximum punishment of five years in prison.
Comments (0)
There are no comments at the moment. If you found an error or think question is incorrect, tell everyone about it
Only signed in users can write comments
Signin
A is incorrect. A court may instruct the jury on lesser included offenses, and should do so, whenever the evidence creates a rational basis for acquittal of the greater offense and conviction of the lesser offense.
B is incorrect. This answer is incorrect for two reasons. First, the value of the property taken is an element in the statute described here; it is the crucial element that distinguishes aggravated theft from simple theft. Second, under the Apprendi rule, an element that changes the authorized statutory maximum for an offense must be determined by the fact-finder at trial. Apprendi v. New Jersey, 530 U.S. 466 (2000).
C is incorrect. The court is not bound to instruct the jury on all lesser included offenses. The court may refrain from instructing on a lesser included offense if the evidence does not create a rational basis for acquitting the defendant of the greater offense and convicting them of the lesser offense.