Issue
Has Carrie committed any crime by cutting down a neighbor’s tree and intending to steal the bicycle?
Rules.
In criminal law, theft, which is the unlawful taking and carrying away of someone else’s property without their consent, with the intention of permanently depriving them of it, is considered a crime and is punishable by law. Cutting down of trees form someone else’s lawn, in some states be termed illegal.TheNew York noise law states that making excess, unreasonable and restricted noises within the city threat to the general welfare of city residents.
Analysis
In this case, Carrie a dissatisfied employee at a fast food shopis seen to make a decision of becoming a professional thief. As her first act of theft, she intends to steal her neighbor’s bicycle which is a direct intent to perform a prohibited act. She plans to take thebicycle at night but she is not able to move it as it is locked on the tree.She resolves to cut the treeinorder to move it, using a chainsaw which is what led to her rest. However, Carrie from a small town in the state and not within the city and the law does not apply to it.
From the definition of theft, to be termed a thief, the defendant had to have taken someone else’s property. At the time of her arrest, the defendant had not moved the property, actually, she had not even reached for the pedals. The sheer fact that she did not carry away the bicycle shows she had not committed theft. On the cutting of thetree, the New York state from which the defendant resides has no absolute laws that term it a crime and thus Carrie cannot be charged with anything related to the tree cutting.
Conclusion
Therefore, Carrie did not commit any crime.
Digital sources used.
Definition of Larceny – FindLaw. (n.d.).
Berg, B. F. (2012). New York State and New York City Relations. Oxford Handbooks Online. doi:10.1093/oxfordhb/9780195387230.013.0018