The Theft of Use and the Element of “Intention to Deprive Permanently’ in Larceny

Abstract

The task of the legislator is indeed difficult when he has to consider and decide how far to extend the area to which the criminal law applies. The difficulty is most apparent in those forms of conduct which are seemingly directed towards some individual to whom civil law remedies are available, for then it must be asked whether these remedies are sufficient or if there is good reason for the addition of criminal sanctions.The usual considerations in this respect are many and various—has the normal victim of the harmful conduct the ways and means himself of resisting it without the assistance of the authorities; does the normal perpetrator of certain kinds of harmful conduct possess sufficient means which enable him to restore the status quo if civilly sued; is conduct of this kind highly frequent; does certain behaviour have a special temptation, which can only be fought by the deterrent force of a criminal sanction; and especially, does the public conscience regard this form of behaviour a serious infringement of public values that justifies and demands public punitive reaction, irrespective of the wishes of the injured person.