Frye Law - April 2019

LEGAL CASE STUDY: ADÉLIE THE ROCK THIEF EXPLORING THE CRIMES OF ANTARCTIC WILDLIFE

On an island off the coast of Antarctica, a BBC film crew caught footage of a crime taking place. In the video, as one male Adélie penguin leaves his nest to search for additional rocks to add to it, his neighbor waddles over, removes a rock from the nest, and carries it back to his own. When the first penguin returns from his search, his neighbor plays it cool, but at each opportunity, he repeats the crime and steals his neighbor’s rocks. While animals aren’t actually subject to legal action, and the Adélie penguin was only behaving according to natural instinct, the fine writers for the blog Legal Grounds point out that the rock thief situation presents an interesting legal case study. By taking his neighbor’s rock and putting it in his own nest, the neighbor penguin committed an act of theft. Theft is defined as “the taking of someone else’s property with the intent to permanently deprive the victim of that property.” In some places, when a thief leaves the scene of the crime, the theft is considered complete. If the thief returns and steals additional items, that could be considered a new crime and result in additional charges. So, since the neighbor penguin takes a rock, leaves the scene of the crime, and returns, he could be found guilty of multiple theft charges. If he’d decided to go big and take his neighbor’s entire nest at once, he might’ve been charged with grand theft.

Now, if the penguin who was stolen from had used force to protect his precious nest rocks, the case would be complicated even further. Allowable force is generally limited in cases of theft. To prove self-defense, the victim penguin would have to show there was a threat of force against him, that he didn’t provoke the neighbor penguin in any way, and that he didn’t have the option to escape. From a legal perspective, it was probably best that the victim penguin didn’t use force.

For now, we’ll leave the Adélie penguins to their nest-building business and save the legal cases for the human world.

TIPS FOR KEEPING YOUR HEAD UP

WHEN LEGAL CHALLENGES LEAVE YOU FEELING OVERWHELMED

SMALL CHANGES ARE STILL CHANGES If the complexities you’re facing seem insurmountable, it can be easy to see yourself as a failure and give up without really trying to overcome the challenge. Starting where you are and making small movements in the right direction can take you closer and closer to your challenge until, little by little, you realize that you have overcome it. ASK FOR HELP The three tips listed above will be much easier to accomplish if you implement a fourth: good help along the way. Trying to tackle legal challenges on your own will do nothing but amplify your stress, which is why you should consider tagging up with Kim Frye and getting her in the ring to deal with your challenges on your behalf. Go to FryeLawGroup.com for your free case evaluation.

While it’s not necessarily a popular topic in today’s society, the emotional baggage of being charged with a crime can be quite overwhelming, especially if the charge is undeserved. If you or someone you know is navigating the legal system to battle an unjust charge, the challenge of continuing to plow forward can be difficult. If you’re feeling disempowered and finding it frustrating or stressful to cope with legal issues, here are four tips to help you maintain a positive perspective and focus on your goals. BELIEVE IN YOURSELF A little self-confidence can go a long way. Reaching your goal and being free from your legal stressors again one day will only be possible if you believe you can do it. Surround yourself with people who believe in you, listen to their encouragements, and allow their belief in you to bolster your confidence and propel you forward. FOCUS YOUR ATTENTION Focusing on your end goal is a good way to make it happen. Focusing on the negative, or the obstacle in the way of your success, can enlarge the problem and stop you from moving forward.

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