Podcast
Questions and Answers
What constitutes robbery in terms of property taking?
What constitutes robbery in terms of property taking?
- The lawful exchange of property under duress.
- Unlawful taking from a person or in their presence through force or fear. (correct)
- The theft of unattended property without direct interaction.
- Taking property with the victim’s permission.
Which of the following describes the relationship of the victim to the property during a robbery?
Which of the following describes the relationship of the victim to the property during a robbery?
- The property must be physically held by the victim.
- Property can only be taken from the victim's home.
- Property must be within the victim's eyesight at the time of taking.
- Property must be in the victim’s possession, whether actual or constructive. (correct)
How is the degree of force used in robbery assessed?
How is the degree of force used in robbery assessed?
- Any level of force or fear, regardless of its intensity, can constitute robbery. (correct)
- Force must be used only to retain possession of the property.
- Robbery is not considered if the victim is not physically harmed.
- The degree of force must be severe for it to qualify as robbery.
What does 'from the presence' of the victim mean in the context of robbery?
What does 'from the presence' of the victim mean in the context of robbery?
Which of the following statements about robbery is incorrect?
Which of the following statements about robbery is incorrect?
Flashcards
What is robbery?
What is robbery?
The unlawful taking of personal property from a person, or in their presence, by force, violence, or fear. This includes threats of future harm to the victim or their loved ones.
How much force is required for robbery?
How much force is required for robbery?
Any amount of force or fear used to obtain, retain, or escape with property, even if the victim doesn't actively resist.
What does 'taken from the person or presence' mean in robbery?
What does 'taken from the person or presence' mean in robbery?
The property must be taken from the victim's actual or constructive possession. This means the victim has control over it, even if they don't see the theft happening.
Can robbery happen if the victim doesn't know it's happening?
Can robbery happen if the victim doesn't know it's happening?
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What are the consequences of robbery?
What are the consequences of robbery?
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Study Notes
Robbery Definition
- Robbery is the illegal taking of someone else's property.
- It must be done against their will.
- Force, violence, or fear of harm (immediate or future) to the victim, or someone with them, is required.
- Any use of force or fear that causes someone to give up property is enough for robbery.
- This includes controlling the property, preventing resistance, and aiding in an escape.
Elements of Robbery
- Taking from the person or presence: The theft must involve the victim or something close to them (e.g., in their possession or nearby).
- Actual or Constructive Possession: Property must be in the victim's control, even if not directly held.
- Proximity or Control: "Presence" isn't limited to being within sight; proximity or control are key.
Force and Fear
- Immaterial degree of force: The amount of force used isn't important as long as it compels compliance or escape.
- Knowledge prevented by force/fear: If the victim didn't know about the taking due to force or fear, it's still considered robbery.
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Description
This quiz covers the definition and key elements of robbery, including the use of force, fear, and the conditions under which robbery occurs. It explores how proximity and control play a role in determining successful theft. Understand the intricacies of the legal definition to enhance your knowledge of criminal law.
