John Doe owns pawn shop in busy metropolitan area

Reference no: EM133596116

John Doe owns a pawn shop in a busy metropolitan area. Jane Smith enters the pawn shop and tells John that she wants to sell eight 60-inch flat (plasma) screen TV's. John asks Jane how she came into possession of so many TV's. Jane explains that her father died and that these were his TV's and that she doesn't have any use for them and could use the extra money.

Each TV is virtually brand new and easily worth over $2,500 each. Jane tells John that she only wants $300 for each TV. John hesitates for a bit because he thinks Jane might be lying to him about how she really obtained these TV's but can't resist the urge to make a lot of money when he resells them. John agrees to buy all eight TV's from Jane.

The next day the police come into John's shop and arrest him for receiving stolen merchandise. John tries to explain to the police that he didn't know the TV's were stolen, but the police tell him that he should have known.

John immediately calls his attorney when he gets to the police station. John has no criminal history. He has no prior relationship with Jane. The police tell him he is charged with receiving/concealing stolen property having a value of $20,000 or more.

Choose whether you will be the prosecutor (law enforcement) or the defense attorney. Stay in that role for all your answers. You may conduct research for cases related to receiving stolen merchandise by searching on www.findlaw.com. Then respond:

1. Identify which position you have taken.

2. What are the strengths to the case from your point of view? (Identify any case, if any, you are relying upon.)

3. What are the weaknesses to the case from your point of view? (Identify any case, if any, you are relying upon.)

4. If you are the prosecutor, what plea offer might you make to settle the case?

If you are the defense attorney, what plea offer might you encourage your client to accept?

1. Staying in your selected role, how might your position as change if John knew Jane and knew her father had just recently passed away (but didn't know you was into stealing)?

2. Staying in your selected role, how might your position change if John knew Jane and had bought merchandise from her before in less than honest scenarios?

Reference no: EM133596116

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