Illegal Use of Credit Cards
Question one
Bertha committed a crime by obtaining the goods with respect to the gas station via false pretense without informing the owner of the card. One of the elements that a prosecutor can use is the authority to use a credit card to purchase goods and services. The second element is knowledge. This element can help the prosecutor to reach a determination of whether Bertha used the card unknowingly or not. Finally, the prosecutor could determine whether there was any facts misinterpretation in the process.
Question Two
Bertha can as well be charged with forgery and larceny as there are various laws that cover the illegal and unauthorized use of credit and debit cards. She will be charged with larceny as the robbery was peaceful and ordinary. In addition, the case could also involve diverting or taking another person’s home property. The activities that are contained in Larceny are all unlawful in all the 50 expressions, the name of these criminal accusations, however, varies from one state to another. The majority of the states refer to burglary as a general form of robbery while others have felonious theft charges. However, these states seem to separate felonious theft into other small accusations with the estimation of the property being inclusive. For this charge, the longest jail sentence that one can serve is one year in prison while the other forms of robbery have a jail sentence that is even more than 12 months in prison (Mann, 2005). This however primarily depends on the estimate of the property that one has been found stealing or illegally in possession.
References
Mann, R. J. (2005). Credit Cards, Consumer Credit, and Bankruptcy. SSRN Electronic Journal. https://doi.org/10.2139/ssrn.690701
Roberts, J. A., & Jones, E. (2001). Credit Card Use Scale. PsycTESTS Dataset. https://doi.org/10.1037/t22902-000
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Question
Illegal Use of Credit Cards
Assessment: Bertha takes her roommate’s credit card with the intent to charge for expenses she will incur on a vacation. Bertha’s first stop is at the Shell gas station where she used the card to fill her car with gas.
- Discuss whether Bertha committed a crime and outline the elements of criminal law the prosecutor would use to determine a crime was committed.
- Explain the crime Bertha committed. Use the elements of criminal law to substantiate your ideas.
Your assignment must be formatted as follows:
- APA formatting
- Times New Roman or Arial 12-point font
- 1-inch margins
- Page numbers in the top right corner
- Doubled spaced
- Must include a minimum of two credible sources.