INSUFFICIENT FUNDS CHECKS IN THE CRIMINAL AREA ELEMENTS, ISSUES, AND PROPOSALS

• NCJ Number: 15789
• Journal: Missouri Law Review Volume: 38 Issue: 3 Dated: (SUMMER 1973) Pages: 432-460
• Author(s): J E CROWE
• Date Published: 1973
• Length: 29 pages
• Corporate Author: University of Missouri
• Publication Format: Article
• Language: English
• Country: United States of America

Annotation

STUDY OF HOW STATE JURISDICTIONS TREAT THE CRIME OF PASSING BAD CHECKS, ALONG WITH PROPOSALS AIMED AT TREATING THE BAD CHECK WRITER AND HIS VICTIM MORE JUSTLY WHILE PROTECTING THE SYSTEM OF COMMERCIAL PAPER.

Abstract

THE ELEMENTS OF THE OFFENSE OF FALSE PRETENSES AND INSUFFICIENT FUNDS CRIMES ARE COMPARED. THE DIFFERENT ASPECTS OF THE CRIME OF PASSING INSUFFICIENT FUNDS CHECKS ARE DISCUSSED, INCLUDING THE DEFINITION OF INTENT TO DEFRAUD, WHAT CONSTITUTES 'CONSIDERATION' AND 'KNOWLEDGE OF INSUFFICIENCY', AND THE PENALITIES CONNECTED WITH INSUFFICIENT FUNDS OFFENSES. SOME DEFENSES TO PROSECUTION FOR INSUFFICIENT FUNDS OFFENSES, SUCH AS POSTDATED CHECKS, REASONABLE EXPECTATION OF PAYMENT, AND RESTITUTION ARE ALSO REVIEWED. OTHER TOPICS COVERED IN THIS ARTICLE INCLUDE THE CONSTITUTIONALITY OF INSUFFICIENT FUNDS STATUTES, STATE DECEPTIVE PRACTICES AND CIVIL REMEDIES STATUTES, AND MALICIOUS PROSECUTION BY CREDITORS. IN ADDITION, THE PROVISIONS OF THE MISSOURI INSUFFICIENT FUNDS STATUTES ARE DISCUSSED IN DETAIL.