False Pretenses
Under common law, a defendant is understood to commit the crime of false pretenses by making an intentional statement with the intention to defraud the victim he obtains title to the personal property of the victim. For a defendant to be accused of this crime, the deliberate false statement he makes to the victim must refer to a past or present fact or event, a false statement concerning the future or any sort of future possibilities would not suffice to fulfill that element of the crime. False pretenses differs from larceny in that title, and not just ownership of the victim's particular property is obtained by the defendant.
The Law
United States statutes on this topic are mostly derived from the English statutes, and the courts there in a general method follow the English explanations. The statutes of each state must be referred. Underneath federal law, “procurement of money or property through false pretenses as part of a scheme or artifice to defraud, and using means of
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Christopher Gayhart, 42, was a police lieutenant with the force for over 20 years. He is alleged of not detailing his time off on his pay sheet when he reported in late or left off early for a one year period from July 2009 to July 2010. He states he was going through a rough divorce and had to solve some personal issues and informed his captain about it. Gayhart declares that he will pay back all the amount which is amounted to be more than $5,000 dollars that he acknowledges is collected falsely. As part of the petition arrangement, he has waived his right to a jury trial. He has settled to a six-year deferred verdict, so he will see no jail time. But he did submit his cleet license and can no longer seek employment as a law enforcement officer. Gayhart says the Oklahoma City Police Department and his supervising Captain could have held the situation much
In the two-day trial of fellow officer Detective Jason Arbeenie, Stephen Anderson who testified for the prosecution regarding “flaking” in the police units he was assigned to, stated in his testimony that his partner police officer Henry Tavarez "was worried about getting sent back [to patrol] and, you know, the supervisors getting on his case". He then added, "As a detective, you still have a number to reach while you are in the narcotics division".
At around 3:14 pm. Santa Rosa Police officer Erick Gelhaus and his partner, a trainee, were patrolling Moorland Avenue located just before the outskirts of Santa Rosa. Gelhaus who was sitting in the passenger side of the police vehicle, then spotted an individual (now known to be Andy Lopez) with his back facing towards them walking down the street holding what appeared to be an AK-47 assault rifle (Johnson). The trainee officer then stopped the vehicle just a mere 20 to 30 feet away, allowing for Gelhaus to quickly step out and order Lopez to drop the weapon (Chea). Many community members argue that the trainee officer should have gone out of the police vehicle with Gelhaus if Lopez was indeed a threat to the community. The trainee officer however did not exit the vehicle since “at that point Deputy Gelhaus had already engaged the subject, with the commands and with the weapon. The threat was essentially over” (Johnson). This explains why the trainee officer remained in the police vehicle during the confrontation.
No, not at all deceived, just not well informed. America’s government refrains itself from telling the population the entire truth considering major contemporary political issues, which ultimately leads to confusion as to what rumors are true and which aren’t, due to the suspicious actions that America’s speakers take.
Wang and Kristine Philips use at the end of the article when they show the outcome of the case. At the end, the authors include that the family believes that what Mader did is right followed by a quote from Jack Dolance saying, “he took his time and looked at R.J. as a person and not a dangerous subject” (Wang and Phillips). This incident proves that some police officers are different than others. When it comes to following the rules and regulations of the department, it is a matter of following of losing their jobs. The outcome of the case proves that the police officers are not to blame. It is the department’s fault for teaching the officers poor conduct. Mader is one officer against many so in the ending, “he no longer works as a police officer but as a truck driver, and he continues living in Weirton with his family” (Wang and Phillips). They chose to stay working for the department even though they know the rules are cruel. This story is brought to the public’s attention, but no one will believe that it is not the police officers
The United States government has been known to high known secrets from the public. Now the public wants to know what they have been hiding and why it was so needed to be under cover that they had to literally have many cover ups like with the UFOs and with the Watergate scandal and with other many scandals that or cover ups that happened in the United States. The best solution to this problem would be to have where the United States government reveals the secrets to the public without scaring the public into doing other stuff and causing riots there should be a limitation on what we should know. The point that needs to be saying is that the government wants to scare the people into thinking that if they can find out all the information because
A deception is a form of a lie. Scams are similar to deception in the way that each are lies and are used to achieve the same goal. They are used to gain something about an individual whether it is trust, money information of some kind or simply
People face ethical dilemmas every day. But it is perhaps, most prevalent in the law enforcement profession. Law enforcement officers face ethical dilemmas constantly. Some of the ethical issues that police face each day are: racial profiling, officer discretion, police officer loyalty, police officer abuse, and interrogatory deception. This paper will discuss the purpose of interrogatory deception, ways in which it is used, some of the current debates over the practice, and a landmark ruling in the Miranda case of 1966 which attempted to cease the use of intimidation and coercion practices of the police.
Are everyday rituals, such as, facades reflected as to being a lie? Simply preparing for a meeting or interview does not come off as lying, although another type of façade such as when someone asks, “Are you okay,” after a death of someone close to you, in reality it is a form of a lie, because you are not being honest. In Stephanie Erricsson’s article “The Ways We Lie,” she discusses many different types of lying, that most wouldn’t even consider. Ericsson claimed, “But façades can be destructive because they are used to seduce others into an illusion” (409). Depending how a façade is used, the outcome can be beneficial or damaging. There are facades that are used to cover up one’s true feelings, in order to protect an individual and then there is a type in which one puts on a mask to cover up how awful of a person they are. Charity, a former friend, deceived me with the qualities of everything she was not, my mom is a great example of when it comes to hiding when she is saddened. In this article “The Ways We Lie,” Stephanie Ericsson has a great point of view on the destructiveness of facades, although, it can very well be used in a good way just as much as in a bad way, in fact, like my protective mother, using facades for mine and my sisters own good and then a conniving friend using facades in
There are several types of false statement. One of them is a deliberate lie, which goes under the Tort of Deceit. Another one is negligent misstatement, which is basically the statement made carelessly or without reasonable background and is included into the Law of Tort.
As we cruised around the community, he pointed out countless minor traffic violations, both moving and non-moving, but opted not to make any stops. At this point he stated his main concern was to spot any impaired drivers and get them off the road. Eventually, as we came up behind an older civic (the Civic had a broken brake light) on Centreville Road, the officer stated that he detected the scent of marijuana coming from the Civic. The driver of the Civic noticed Crutchman’s police cruiser behind him and dropped his speed to 5 mph under the posted limit. Officer Crutchman began tailing the vehicle which immediately turned off on the next available road. We proceeded to follow the Civic for a couple of miles. I could tell that Officer Crutchman wanted to make the stop, and I inquired why he hadn’t done so already on account of the Civic’s faulty brake light. He responded that he is cautious about making such stops because he does not want a “new law named after him” on account of the controversy surrounding pretextual stops. It is possible that this careful attitude has developed as a result of the rising public outcry against police and
A false statement or a statement intended to deceive someone is known as a lie. Of course, there are many different types of lies. There are those blatant lies that have no truth in them whatsoever, lies of omission, and half-truths.
To gain a better understanding of the Federal False Claims Act, 31 U.S.C. §§ 3729-33, one must first consider when and how the law was established. According to the United States Department of Justice (DOJ) (n.d.), this law was first “enacted in 1863 by a Congress concerned that suppliers of goods to the Union Army during the Civil War were defrauding the Army” (p. 1). Since its original presentation, the law has been amended – significant changes were made in 1986, followed by three more ame...
Misrepresentation – giving a false statement to the other party with the intentions to benefit or to exploit the other party than the law can end the contract in that case.
What are lies? A lie is defined as follows: To make a statement that one knows to be false, especially with the intent to deceive. There are several ways that lies are told for instance, there are white lies, lies of omission, bold faced lies, and lies of exaggeration. No matter what type of lie that one chooses to tell many people believe that lies do more harm than good.
The average person tries to conceal the truth through disguises and lie multiple times a day, which are both elements of classic comedy. In Wycherley’s The Country Wife, the reoccurring theme of deception is depicted through the characters of Horner and Margery Pinchwife, which reveals the darker side of human nature when compared to the straightforwardness depicted in Alithea’s character. This paper will examine the reoccurring theme of deception using Horner and Margery in comparison to Alithea’s straightforwardness.