Robbery

Question 1

Elements of Robbery

Answer 1

(i) A taking;
(ii) Of personal property of another;
(iii) From the other’s person or presence;
(iv) By force or intimidation;
(v) With the intent to permanently deprive him of it

Question 2

Force or Threats Necessary

Answer 2

If force is used, it obviously must be sufficient to overcome the victim’s resistance.

If threats are used, they must be threats of immediate death or serious physical injury to the victim, a member of her family, a relative, or a person in her presence at the time.

A threat to do damage to property will not suffice, with the exception of a threat to destroy the victim’s dwelling house

Question 3

Property Must Be Taken from Person or Presence of Victim

Answer 3

The property must be taken from some location reasonably close to the victim, but it need not be taken from her person. Property is in the victim’s presence if it is in her vicinity.

Property in other rooms of the house in which the victim is located is in her presence.

Question 4

Force or Threats Must Be Used to Obtain Property or Immediately Retain It

Answer 4

The force or threats must be used either to gain possession of the property or to retain possession immediately after such possession has been accomplished

Question 5

Aggravated Robbery

Answer 5

Statutes often create a form of aggravated robbery, usually defined as robbery accomplished with a deadly weapon.

Question 6

STATUTORY CHANGES IN PROPERTY ACQUISITION OFFENSES

Answer 6

Modern criminal codes and the M.P.C. have substantially altered the common law.

Question 7

What are the MAJOR statutory changes in property acquisition offenses?

Answer 7

1. Consolidation of Offenses into Theft: There is a growing tendency to consolidate larceny, embezzlement, false pretenses, and receipt of stolen goods under the single heading: Theft. It is important to note that theft is a
   modern statutory crime, not a traditional common law offense.
2. Expansion of Property Subject to Larceny (and Other Offenses)
   The things subject to the offenses have often been expanded to cover services, documents, and intangibles, as well as joint property.
3. Rejection of Asportation for Larceny
   Some jurisdictions have rejected the requirement of asportation and require only that “control” of property be obtained.
4. Rejection of Technicalities of Trespass Requirement
   A number of jurisdictions have replaced the detailed technicalities of the trespass requirement by a simplified requirement that the defendant have obtained unauthorized “control” over the property