Page 27 Flashcards
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?
Are in constructive possession of the $20, and the clerk only has mere custody of it
In situations where an owner delivers property as part of a transaction, what happens?
The owner constructively possesses the item, and the other has mere custody of it
What is mistaken delivery?
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
How can there be a mistake about the nature of property?
You deliver gold, but think it is nickel
How can there be a mistake about the identity of a recipient?
Postman takes it to the wrong house
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?
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
If mistaken delivery happens through a package and the defendant doesn’t know what is inside, what is the split on liability ?
- 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
What is robbery?
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
Robbery is considered what kind of felony?
Serious and inherently dangerous
Does Felony Murder apply to robbery?
Yes, and most murders caused by robberies are first-degree, because robbery is a serious and inherently dangerous felony
Is robbery a specific or general intent crime?
Specific, so it must be proven that the defendant acted intentionally to use force or fear to overcome someone to commit a larceny
What are the lesser included offenses of robbery?
Larceny, battery, assault
If you rip someone’s necklace off someone’s neck, or take it from the table next to them, what have you done?
Committed a robbery
What are the elements of robbery?
- Trespassory
- taking
- carrying away
- personal property of another
- from someone’s person or presence
- through violence or intimidation
- with intent to permanently deprive
What is trespassory as an element for robbery?
Without the victim’s consent
What is a taking that is required for robbery?
Securing dominion over the goods
What are the two different views on a carrying away required for robbery?
- Traditional View: asportation/slight movement of goods
- MPC: no asportation, theft just has to be attempted
What is considered the personal property of another for robbery?
Property must simply be in the possession or custody of another
What does the element from someone’s person or presence mean for robbery?
Victim must be in the same space and be holding, wearing, or in control of the property when it is taken
What does it mean for the victim to be in the same space in order for robbery to occur?
Same room, car, etc.
What does it mean for property to be in the victim’s presence for robbery?
In his hand, pocket, attached to his body/clothing, or in his immediate presence
What does presence mean for robbery?
The area around or near the victim
Can a dead person be robbed?
Yes, but only if you rendered them dead, unconscious, or intoxicated and then immediately took their property
Is it possible to rob a vending machine?
No, because every robbery must have a victim that the property is taken from
What does the “force or threat of force” element of robbery require?
Actual or threatened injury
In order for a threat to suffice for robbery, it must be directed at whom?
The victim, a family member, or someone in the victim’s presence
What is the force required for robbery?
Slight force, something more than what is required to just move the property
In order for “force” to count for robbery it must do what?
Accomplish the taking, otherwise the crime is just battery
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?
No, because the force wasn’t used to effectuate the taking. So that would be a larceny and a battery, not robbery
What must the threat of force be in order for robbery to occur?
- immediate
- enough to cause bodily injury to either the victim, a relative, or someone in victim’s presence
What is the difference between robbery and extortion?
Immediacy requirement
At common-law a threat to immediately destroy what also counts for robbery?
The victim’s house
If someone threatens you in a robbery situation, he must be apparently able to do what?
Carry out his threat
If a robber ties up a victim and goes into another room to steal goods, is that still a robbery?
Yes, even though the victim can’t see him stealing
In order for robbery to occur, must there be force AND fear?
No, these are alternatives, so you only need one or the other
What is fear for robbery?
Apprehension of bodily harm, or future harm
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?
- 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
It is legally impossible to rob whom?
A dead, sleeping, or unconscious person because there is no force or fear to overcome
Is snatching enough for robbery?
No, if the property is snatched so quickly the owner can’t resist, that is not enough.
What is required for force for robbery?
Must be a struggle for the property (just jostling is enough) and some force is required to remove the item
What is the MPC view on how much force or threat must be used for robbery?
Must be serious bodily injury
If you strike someone with no intent to rob, but then rob them when they are helpless, what does the majority say about that?
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
What is the rule for timing for robbery?
The larceny from the person has to happen at the same time that fear or force are used
What is the modern continuing offense theory for robbery?
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
What is attempted robbery?
Crime of attempting to commit a larceny from the person of a victim by use of force or fear
Is attempted robbery a specific or general intent crime?
Specific because defendant must act in a specific effort to rob the victim
