Crim9
Terms
undefined, object
copy deck
- Robbery
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The theft of property from the person or immediate presence of another by use or force or fear.
Elements:
1. Theft of property
2. From the person or presence of another
3. By use of force or fear - McClintock and Gibson's typology of robberies
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1. Robbert of persons who control money or goods
2. Robbery in an open area
3. Robbery in private residences
4. Robbery by a short-term acquaintance
5. Robbery by a long-term acquitaince - Conklin's typology of robbers
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1. Professional robbers
2. Opportunist robbers
3. Addict robbers
4. Alcoholic robbers - Understand the value of the item taken in robbery
- Value has no bearing on the seriousness of a robbery
- What is the presence of another requirement in robbery ?
- The victim of the robbery only must have control over the item.
- What is the force or fear issue?
- A pickpocket is guilty of larceny while a purse snatcher is guilty of robbery.
- McLaughlin vs. U.S.
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Justifications for upholding conviction of armed robbery with an unloaded gun.
1. A gun is inherently dangerous instrument and the law may presume that it is always dangerous
2. The display of a gun instills fear in the average citizen
3. It may be used as a club. - Extortion
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The theft of property from another person by means of threats of future violence, exposure of secrets, or taking or withholding official action.
Elements:
1. Theft of property
2. From another person
3. By means of threats of future violence, exposure of secrets, or taking or withholding official action. - What is the difference between extortion and robbery?
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In robbery the threat or force is immediate.
In extortion there is a threat to do something in the future. - Does it matter if the secrets are true or not in extortion?
- No, it is still extortion if the secrets are true.
- What is the difference between extortion and other larceny crimes?
- Fear is an element in extortion
- Bribery
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1. The giving a public official anything of value in exchange for an agreement by the public official to do or refrain from doing an act that is contrary to his or her official duty.
Elements:
1. Giving a public official anything of value
2. In exchange for an agreement to do an act that is contrary to his or her official duty
2. The agreement of a public official to do something that is in contradiction of his or her official duty in exchange for any property of value.
Elements:
1. The agrreement of a public official to do an act that is in contradiction of an official duty.
2. In exchange for anything of value