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Question 0

If you give a 7-Eleven clerk $20 for a chocolate bar and expect change, you have delivered property as part of a transaction, so you what?

Answer 0

Are in constructive possession of the $20, and the clerk only has mere custody of it

Question 1

In situations where an owner delivers property as part of a transaction, what happens?

Answer 1

The owner constructively possesses the item, and the other has mere custody of it

Question 2

What is mistaken delivery?

Answer 2

When property belonging to one person is delivered to another because of mistake of the nature of the property, amount, or identity of the recipient

Question 3

How can there be a mistake about the nature of property?

Answer 3

You deliver gold, but think it is nickel

Question 4

How can there be a mistake about the identity of a recipient?

Answer 4

Postman takes it to the wrong house

Question 5

If you have been mistakenly delivered to and you realize the mistake at the moment of delivery, and form the intent to steal, what has happened?

Answer 5

Larceny, but if you don’t realize the mistake or intend to return the property you are guilty even if you later decide to keep it

Question 6

If mistaken delivery happens through a package and the defendant doesn’t know what is inside, what is the split on liability ?

Answer 6

• some courts: D doesn’t intend to steal until he learns what the property is
• others: when D physically takes possession of the package, that is a taking, and since he doesn’t know what the item is, the intent and act don’t coincide

Question 7

What is robbery?

Answer 7

The taking and carrying away of the personal property of another from someone’s person or presence by force or intimidation with the intent to permanently deprive

Question 8

Robbery is considered what kind of felony?

Answer 8

Serious and inherently dangerous

Question 9

Does Felony Murder apply to robbery?

Answer 9

Yes, and most murders caused by robberies are first-degree, because robbery is a serious and inherently dangerous felony

Question 10

Is robbery a specific or general intent crime?

Answer 10

Specific, so it must be proven that the defendant acted intentionally to use force or fear to overcome someone to commit a larceny

Question 11

What are the lesser included offenses of robbery?

Answer 11

Larceny, battery, assault

Question 12

If you rip someone’s necklace off someone’s neck, or take it from the table next to them, what have you done?

Answer 12

Committed a robbery

Question 13

What are the elements of robbery?

Answer 13

• Trespassory
• taking
• carrying away
• personal property of another
• from someone’s person or presence
• through violence or intimidation
• with intent to permanently deprive

Question 14

What is trespassory as an element for robbery?

Answer 14

Without the victim’s consent

Question 15

What is a taking that is required for robbery?

Answer 15

Securing dominion over the goods

Question 16

What are the two different views on a carrying away required for robbery?

Answer 16

• Traditional View: asportation/slight movement of goods

- MPC: no asportation, theft just has to be attempted

Question 17

What is considered the personal property of another for robbery?

Answer 17

Property must simply be in the possession or custody of another

Question 18

What does the element from someone’s person or presence mean for robbery?

Answer 18

Victim must be in the same space and be holding, wearing, or in control of the property when it is taken

Question 19

What does it mean for the victim to be in the same space in order for robbery to occur?

Answer 19

Same room, car, etc.

Question 20

What does it mean for property to be in the victim’s presence for robbery?

Answer 20

In his hand, pocket, attached to his body/clothing, or in his immediate presence

Question 21

What does presence mean for robbery?

Answer 21

The area around or near the victim

Question 22

Can a dead person be robbed?

Answer 22

Yes, but only if you rendered them dead, unconscious, or intoxicated and then immediately took their property

Question 23

Is it possible to rob a vending machine?

Answer 23

No, because every robbery must have a victim that the property is taken from

Question 24

What does the “force or threat of force” element of robbery require?

Answer 24

Actual or threatened injury

Question 25

In order for a threat to suffice for robbery, it must be directed at whom?

Answer 25

The victim, a family member, or someone in the victim’s presence

Question 26

What is the force required for robbery?

Answer 26

Slight force, something more than what is required to just move the property

Question 27

In order for “force” to count for robbery it must do what?

Answer 27

Accomplish the taking, otherwise the crime is just battery

Question 28

If you wait for a store clerk not to look, then grab money from the register and walk out, and as you are leaving a cop asks where you’re going, so you shove the cop and run away, did you commit a robbery?

Answer 28

No, because the force wasn’t used to effectuate the taking. So that would be a larceny and a battery, not robbery

Question 29

What must the threat of force be in order for robbery to occur?

Answer 29

• immediate

- enough to cause bodily injury to either the victim, a relative, or someone in victim’s presence

Question 30

What is the difference between robbery and extortion?

Answer 30

Immediacy requirement

Question 31

At common-law a threat to immediately destroy what also counts for robbery?

Answer 31

The victim’s house

Question 32

If someone threatens you in a robbery situation, he must be apparently able to do what?

Answer 32

Carry out his threat

Question 33

If a robber ties up a victim and goes into another room to steal goods, is that still a robbery?

Answer 33

Yes, even though the victim can’t see him stealing

Question 34

In order for robbery to occur, must there be force AND fear?

Answer 34

No, these are alternatives, so you only need one or the other

Question 35

What is fear for robbery?

Answer 35

Apprehension of bodily harm, or future harm

Question 36

If you say to someone that they have to give you their wallet or you will poison their dog next week, is that enough for robbery?

Answer 36

• Traditional View: no, it cannot be future harm
• Modern View: yes, because threat of future harm is alright as long as the fear was used to overcome the defendant’s resistance

Question 37

It is legally impossible to rob whom?

Answer 37

A dead, sleeping, or unconscious person because there is no force or fear to overcome

Question 38

Is snatching enough for robbery?

Answer 38

No, if the property is snatched so quickly the owner can’t resist, that is not enough.

Question 39

What is required for force for robbery?

Answer 39

Must be a struggle for the property (just jostling is enough) and some force is required to remove the item

Question 40

What is the MPC view on how much force or threat must be used for robbery?

Answer 40

Must be serious bodily injury

Question 41

If you strike someone with no intent to rob, but then rob them when they are helpless, what does the majority say about that?

Answer 41

That is a robbery because the thief took advantage of the situation he created, but modern codes say it isn’t since the taking must be by force

Question 42

What is the rule for timing for robbery?

Answer 42

The larceny from the person has to happen at the same time that fear or force are used

Question 43

What is the modern continuing offense theory for robbery?

Answer 43

It is enough that the force or intimidation is used to retain possession or in carrying away or resisting apprehension. MPC: it is okay if these acts occur in flight afterward

Question 44

What is attempted robbery?

Answer 44

Crime of attempting to commit a larceny from the person of a victim by use of force or fear

Question 45

Is attempted robbery a specific or general intent crime?

Answer 45

Specific because defendant must act in a specific effort to rob the victim