United States v. Schaper

Judge BECKER

(dissenting):

In this case, criminal law developed centuries ago runs headlong into late 20th Century technology. The challenge before this Court is to reconcile the law of larceny (and its lesser included offense of wrongful appropriation, both punished under Article 121, UCMJ1) with a modern world of credit cards, computers, and automatic teller machines, while preserving the law’s underlying principles. Regrettably, the lead opinion fails in this task. Instead, the majority has gone beyond the intent of Congress, and effectively merged the law of larceny into the civil law of…