CRIMINAL LAW Flashcards
What are the elements of robbery?
The elements of robbery are:
a. A taking
b. of personal property of another
c. from the other person or presence (including anywhere in their vicinity).
“Presence” means some location reasonably close to the victim, but it need not be taken from the victim’s person. Property in other rooms of the house in which the victim is located is in her “presence.”
d. by force or threats of immediate death or physical injury to the victim, a family member, or some person in the victim’s presence, or threat to destroy the victim’s dwelling house.
If force is used, it must be sufficient to overcome the victim’s resistance. If threats of immediate death or serious physical injury are used, they must be threats to the victim, a member of her family, a relative, or a person in her presence at the time.
Victim must give up property because they feel threatened; it’s not sufficient that the victim gives up prop. bc they feel sorry for ∆ or want him to go away. [in these cases ∆ may be guilty of attempted robbery]
A threat to do damage to property will not suffice-with the exception of a threat to destroy the victim’s dwelling house.
e. with the intent to permanently deprive them of it.
Note:
The force or threats may be used either to gain possession of the property or to retain possession immediately after such possession has been accomplished.
What are the elements of common law burglary?
a. A breaking (creating or enlarging an opening by at least minimal force, fraud, or intimidation; if ∆ had the resident’s consent to enter, the entry is not a breaking)
b. And entry (placing any portion of the body or any instrument used to commit the crime into the structure)
c. Of a dwelling (a structure used with regularity for sleeping purposes, even if used for other purposes such as conducting a business)
d. Of another (ownership is irrelevant; occupancy by someone other than the ∆ is all that is required).
e. At nighttime
f. With the intent to commit a felony in the structure (any felony such as larceny, rape, etc.; felony need not be carried out to constitute burglary)
