Tuesday, June 2, 2015

Can the defendant be convicted of posession of stolen property in the following case?Police arrested a man in posession of three stolen car radios....

From your description of the facts, there apparently was a
pre-existing arrangement between the thief and the defendant for the latter to purchase
the stolen goods from him. If one purchases, or receives as a gift goods that are stolen
knowing that they are stolen, then he is guilty of the charge. The obvious defense would
be entrapment; however that defense would not lie in this case. Entrapment only lies if
the defendant is induced to commit a crime which he was not predisposed to commit
beforehand. In the present instance, there appears to have been some predisposition on
behalf of the defendant. The fact that the thief delivered more radios than he had in
fact stolen is no defense. Even if the radios furnished by the police were not stolen
goods the first three were in fact, and the offense is consummated. Had he ONLY
delivered the eleven radios furnished by the police, he would be not guilty, as the
goods were not stolen.

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