Criminal liability

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Dagar was in a sports shop changing room, trying on a £95 tracksuit. Dagar noticed a wallet on the floor. The wallet was green and black with a skull motif on the back. Dagar picked up the wallet and discovered a £50 note inside. There were no other contents in the wallet. Dagar took the money and left the wallet on the floor of the changing room. Dagar took the tracksuit to the cashier and paid for it using the £50, and another £50 note that he already had in his wallet. The cashier gave Dagar his change, and he quickly left the shop.

The next morning, Dagar borrowed a saw from his neighbour; Vlad, in order to cut some branches off of a tree in his garden. That afternoon Dagar watched a martial arts movie, and it inspired him to practise the moves. Dagar pretended that the saw was a samurai sword, and he deliberately hit the sword on his concrete yard, pretending he was killing a warrior. As a result, half of the blade broke off. Dagar retuned the saw to Vlad, who was furious.

The owner of the wallet, Victor, went back to the shop and said he must have dropped his wallet in the changing room. The shop manager viewed the CCTV footage and witnessed Dagar take the money and use it to buy the tracksuit. One of the shop assistants recognised Dagar and knew where he lived.

Discuss Dagar’s criminal liability (if any) for theft.

 

Sample Solution

ADMINISTRATION OF PSYCHOLOGICAL TESTING

As outlined in the Diagnostic and Statistical Manual of Mental Disorders (DSM-5), Jodie meets 6 out of the 9 criteria for borderline personality disorder (BPD). BPD is a mental health condition that causes people to have poor self-image, impulsive behavior, and difficulty regulating their emotions. Because BPD has similarities to other conditions (like bipolar disorder), it can be difficult to diagnose. However, based on the symptoms presented in the interview, I would consider using the Revised Diagnostic Interview for Borderlines which measures four major aspects of BPD: Affect, Cognition, Impulse Action Patterns, and Interpersonal Relationships (DIB-R; Zanarini, Gunderson, Frankenburg, & Chauncey, 1989).

According to A Comparison of Interview and Self-Report Methods for the Assessment of Borderline Personality Disorder Criteria, structured interview methods are the “gold standard” for diagnosis of BPD and have been proven to optimally identify BPD criteria (Hopwood et al, 2008). Self-reporting assessments have been developed and are currently used but patients with BPD exhibit a warped sense of who they are which presents a problem in answering the questions accurately. I would also seek a full medical evaluation just to rule out any biological issues especially since she has attempted suicide on more than one occasion.

APPLICATION OF PERSONALITY THEORY

Jodie is experiencing a disruption of self. Her abandonment issues and insecurity are centered around Freud’s oral stage of psychosexual development and Erikson’s trust vs. mistrust stage of psychosocial development. Both theories focus on meeting an infant’s basic needs. When these needs are not met, the child will develop a sense of mistrust and “cull a sense of fear about the inconsistent world, leading to feelings of anxiety, insecurity, and an overall feeling of mistrust toward the world” (study.com, n.d.). By not completing this very important stage, Jodie is unable to trust those around her which affects her relationships and interactions.

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