Problem
Below is a fictitious scenario that you are to analyze as the Public Defender assigned to represent "Joe" against the criminal allegations against him - theft. You are to determine what his potential defenses are to the theft charges and persuade us (your Professor and peers) that he should not be officially prosecuted for this "crime" and/or he should be acquitted of the charges.
You will need to start by identifying what the "elements" of the crime of Theft is here in Florida where he has been charged. (HINT: A good starting place is the Florida Jury Instructions and the Florida State Statutes.)
Facts: A community has enacted a law that requires residents to separate their garbage into recyclables and non-recyclables. The recyclable items are placed in plastic containers marked "Property of the City of Ecology." The city collects the contents of the containers and sells it to a recycling facility, boosting the city budget by several hundred thousand dollars per year. Joe, a homeless man, makes the rounds on garbage day and selects metal cans from the recycling bins, which he crushes and sells to a recycling facility. He is arrested and charged with theft of city property.