Bar Exam (US) Criminal Law: Marcia was walking past Goldblatt’s Jewelry Store when she noticed a...

Question

Marcia was walking past Goldblatt's Jewelry Store when she noticed a sign in the window which read:

"Special Sale . . . Today Only! All Southwest Indian Jewelry (including Zuni, Navaho, and Apache rings, bracelets, and necklaces) . . . 50% Discount"

Upon reading the sale notice, Marcia entered the Jewelry store. She asked Mr. Goldblatt, the store's owner, if he had any Zuni bracelets with turquoise and mother-of-pearl inlay. Mr. Goldblatt answered affirmatively and showed Marcia two display trays of Zuni bracelets. As Marcia was looking at a few of the pieces, the telephone in the store began to ring. Mr. Goldblatt excused himself and walked to the rear of the store where he answered the telephone call. While Mr. Goldblatt was speaking on the phone, Marcia placed one of the bracelets in her pocketbook and walked a few feet toward the front door of the store. She was about to leave the store, without paying for the bracelet, when she suddenly noticed Clark, who was one of Mr. Goldblatt's employees. Thinking that Clark had seen her place the bracelet in her pocketbook, Marcia walked back to the counter and returned the bracelet to the display tray. In fact, neither Clark nor Mr. Goldblatt had seen Marcia take the bracelet.

If Marcia is subsequently prosecuted for larceny of the bracelet, she will most likely be found

AnswerChoose the correct answer.Choose all that apply. Correct Partially correct Incorrect Don't Know

  1. A
    Correct Answer
    guilty, even though she returned the bracelet to the display tray
  2. B
    Correct Answer
    guilty, only if Mr. Goldblatt or Clark had actually seen her place the bracelet in her pocketbook
  3. C
    Correct Answer
    not guilty, because she returned the bracelet to the display tray
  4. D
    Correct Answer
    not guilty, because she didn't leave the store with the bracelet in her possession
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