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NCJRS Abstract

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NCJ Number: 31796 Find in a Library
Title: METAMORPHOSIS OF LARCENY
Journal: HARVARD LAW REVIEW  Volume:89  Issue:3  Dated:(JANUARY 1976)  Pages:469-530
Author(s): G P FLETCHER
Corporate Author: Harvard Law Review Assoc
Harvard Law Review
United States of America
Date Published: 1976
Page Count: 62
Sponsoring Agency: Harvard Law Review Assoc
Cambridge, MA 02138
Format: Article
Language: English
Country: United States of America
Annotation: THE COMMON LAW OF LARCENY CAN BE UNDERSTOOD IN TERMS OF TWO STRUCTURAL PRINCIPLES: POSSESSORIAL IMMUNITY AND MANIFEST CRIMINALITY.
Abstract: IN THE EIGHTEENTH AND NINETEENTH CENTURIES, AS THE MODERN STYLE OF LEGAL THOUGHT EVOLVED, FIRST COMMENTATORS AND THEN COURTS LOST THEIR ABILITY TO UNDERSTAND THESE PRINCIPLES AND CAME TO RELY ON INTENT AS THE CENTRAL ELEMENT OF CRIMINAL LIABILITY. AS A RESULT OF THIS TRANSFORMATION, PROFESSOR FLETCHER ARGUES, THE RANGE OF CIRCUMSTANCES THAT CAN PROVOKE PROSECUTORIAL SCRUTINY HAS GREATLY EXPANDED AND THE NATURE OF SUCH INQUIRY HAS GROWN MORE INTRUSIVE. OUR INTEREST IN PRIVACY, PROFESSOR FLETCHER SUGGESTS, SHOULD LEAD US TO RECONSIDER THE SYSTEM OF COMMON LAW LARCENY; IF WE CANNOT REVIVE IT, WE MUST AT LEAST REMEMBER THE VALUES, NOW LOST, WHICH WERE ONCE IMPLICIT IN IT. (AUTHOR ABSTRACT)
Index Term(s): Criminal responsibility; Larceny/Theft; Prosecutorial discretion
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http://www.ncjrs.gov/App/publications/abstract.aspx?ID=31796

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