Robbery Flashcards
What is robbery?
Robbery is larceny with two additional requirements: (1) the property must be taken from the person or presence of another; and (2) the taking must be accomplished by means of force or fear.
What is a ‘claim of right’ to property?
A ‘claim of right’ to property is a belief that the defendant has the right to take the property. A legitimate claim of right negates the intent-to-steal element of larceny and robbery.
What happens if a defendant takes property in satisfaction of a debt?
A defendant who takes property in satisfaction of a unliquidated debt or takes more than the amount of the debt has no legitimate claim of right.
What is required for robbery by force?
Robbery by force requires that the defendant take the property from the person of another by force, however slight.
What constitutes sufficient force for robbery?
Force is sufficient for robbery if it is sufficient to overcome the victim’s resistance or struggle.
Can a defendant be convicted of multiple robberies?
Some jurisdictions hold that a defendant may be convicted of multiple robberies if the defendant uses force/fear on multiple individuals who have constructive or actual possession of the property even if the defendant only takes property from one person.
What do other jurisdictions say about multiple robberies?
Other jurisdictions hold a defendant may be convicted of only one robbery if the defendant takes property from only one person even if the defendant uses force/fear on multiple individuals.
What is required regarding possession in robbery?
Robbery requires that the property be taken from the person or presence of another and be in the victim’s possession, actual or constructive.
What does possession require?
Possession requires the defendant to exercise actual control over the property or have authority to exercise control over the property.
How do jurisdictions differ in the use of force or fear in robbery?
Some jurisdictions require the use of force or fear to facilitate the taking of property itself and thus precede or be concurrent with the taking.
When can force or fear occur in relation to theft?
Other jurisdictions allow the use of force or fear to occur anytime ‘in the course of’ the theft, including after the taking if the defendant uses the force or fear in resisting an attempt to regain the property or during flight.
