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TAKING A CAR BY MISTAKE

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Last updated almost 3 years ago
4 questions
Note from the author:
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Joe left the keys in his 2010 blue Toyota Prius when he ran into the grocery store. An hour later he go into someone else’s blue Prius by mistake. It also had the key inside. Joe did not notice it was a different car and drove away. He was arrested for auto theft as a result of his mistake.

At trial, the judge told the jury that it was not necessary for them to consider whether Joe intended to steal the car. The judge instructed the jury that they only had to decide whether he was caught driving a car that was not his. Joe was found guilty. This case was heard in the NJ Superior Criminal Part.

Joe left the keys in his 2010 blue Toyota Prius when he ran into the grocery store. An hour later he go into someone else’s blue Prius by mistake. It also had the key inside. Joe did not notice it was a different car and drove away. He was arrested for auto theft as a result of his mistake.

At trial, the judge told the jury that it was not necessary for them to consider whether Joe intended to steal the car. The judge instructed the jury that they only had to decide whether he was caught driving a car that was not his. Joe was found guilty. This case was heard in the NJ Superior Criminal Part.

Question 1
1.

Question 2
2.

If yes, what did the judge do wrong?

Question 3
3.

What should Joe do?

Question 4
4.

Did the Trial Judge make an error of law?
Yes
No
Which court should Joe appeal his decision to?
US Court of Appeals
NJ Supreme Court
NJ Court of Appeals
US Supreme Court