Robbery - United States

United States

In the United States, robbery is generally treated as an aggravated form of common law larceny. The elements of robbery are:

1. a trespassory
2. taking and
3. carrying away
4. of the personal property
5. of another
6. with the intent to steal
7. from the person or presence of the victim
8. by force or threat of force.

The first six elements are the same as common law larceny. It is the last two elements that aggravate the crime to common law robbery.

from the person or presence of the victim - robbery requires that the property be taken directly from the person of the victim or from his presence. Note that this is different from larceny which simply requires that property be taken from the victim’s possession, actual or constructive. Property is “on the victim's person” if the victim is actually holding the property, or the property is contained within clothing the vicitim is wearing or is attached to victim's body such as a watch or earrings. Property is in a person’s presence when it is within the area of his immediate control. The property has to be close enough to the victim's person that the victim could have prevented its taking if she had not been placed in fear or intimidation.

by force or threat of force - the use of force or threat of force is the defining element of robbery. For there to be robbery there must be “force or fear” in perpetrating the theft. Questions concerning the degree of force necessary for robbery have been the subject of much litigation. Merely snatching the property from the victim's person is not sufficient force unless the victim resists or one of the items is attached or carried in such a way that a significant amount of force must be used to free the item from the victim's person.

For robbery the victim must be placed in “fear” of immediate harm by threat or intimidation. The threat need not be directed at the victim personally. Threats to third parties are sufficient. The threat must be one of present rather than future personal harm. Fear does not mean “fright”. It means apprehension - an awareness of the danger of immediate bodily harm.

Read more about this topic:  Robbery

Famous quotes related to united states:

    What makes the United States government, on the whole, more tolerable—I mean for us lucky white men—is the fact that there is so much less of government with us.... But in Canada you are reminded of the government every day. It parades itself before you. It is not content to be the servant, but will be the master; and every day it goes out to the Plains of Abraham or to the Champs de Mars and exhibits itself and toots.
    Henry David Thoreau (1817–1862)

    The United States have a coffle of four millions of slaves. They are determined to keep them in this condition; and Massachusetts is one of the confederated overseers to prevent their escape.
    Henry David Thoreau (1817–1862)

    ... the yearly expenses of the existing religious system ... exceed in these United States twenty millions of dollars. Twenty millions! For teaching what? Things unseen and causes unknown!... Twenty millions would more than suffice to make us wise; and alas! do they not more than suffice to make us foolish?
    Frances Wright (1795–1852)

    Because of these convictions, I made a personal decision in the 1964 Presidential campaign to make education a fundamental issue and to put it high on the nation’s agenda. I proposed to act on my belief that regardless of a family’s financial condition, education should be available to every child in the United States—as much education as he could absorb.
    Lyndon Baines Johnson (1908–1973)

    I thought it altogether proper that I should take a brief furlough from official duties at Washington to mingle with you here to-day as a comrade, because every President of the United States must realize that the strength of the Government, its defence in war, the army that is to muster under its banner when our Nation is assailed, is to be found here in the masses of our people.
    Benjamin Harrison (1833–1901)