Ahyis wrote: Pickled wrote:
I vote for the following as the question that has most made me want to throw something across the room today:
- [+] Spoiler
- In which of the following cases is a conviction of the defendant for robbery LEAST likely to be upheld?
A A jewel thief forced his way into a woman's home, bound her, and compelled her to tell him that her jewelry was in an adjoining room. The jewel thief went to the room, took the jewelry, and fled.
B A confederate of the bag snatcher pushed a man in order to cause him to lose his balance and drop his briefcase. The bag snatcher picked up the briefcase and ran off with it.
C Having induced a woman to enter his hotel room, the robber forced her to telephone her maid to tell the maid to bring certain jewelry to the hotel. The robber locked the woman in the bathroom while he accepted the jewelry from the maid when she arrived.
D A bar patron unbuttoned the vest of a man too drunk to notice and removed his wallet. A minute later, the victim missed his wallet and accused the patron of taking it. The patron pretended to be insulted, slapped the victim, and went off with the wallet.
Sorry, that's not the best choice.
The answer you selected is not the best choice in this situation.
- [+] Spoiler
- Answer choice D is correct. Robbery is the taking of personal property from a person, by force or intimidation, with the intent to permanently deprive the person of the property. Answer choice D is the best answer for two reasons. First, the victim was too drunk to be intimidated by the patron at the time of the taking or to notice the removal of his wallet. Second, the force, the slap, did not occur at the time of the taking. Answer choice A is incorrect because, although the jewelry was in an adjoining room, it was still within the victim's control. Answer choice B is incorrect because the parties, both defendant and the bag snatcher, were acting in concert. Answer choice C is incorrect because, although the victim was locked in the bathroom at the time of the taking, the taking still occurred "from the person" as it was within the woman's control evidenced by the fact that she called her maid to bring the jewelry.
Let me just add on to this because I have some serious issues with the whole Robbery force/fear requirement:
Had a question that said that drugging someone and then taking their wallet WAS FORCE and therefore ROBBERY
Had a question that said snatching a purse from someone was NOT FORCE, because they didn't have a chance to react/struggle.
Had this question before too, which basically says the guy didn't notice, therefore wasn't forced/intimidated.
So grabbing a purse
isn't robbery, but drugging someone, or waiting until they're drunk and then stealing from them is? If the guy didn't use force, how did he grab the purse? The very act of grabbing a bag is FORCE.
Hopefully I can help with this.
If you're talking about a purse-snatching where a guy runs up behind the victim and grabs it while he keeps running, then no, that's not robbery because he didn't use force on her, nor did he intended to instill fear in her. Robbery requires "force" (try and understand this somewhat loosely, which I'll discuss in a second) on the person
(or causing fear of force), not the thing stolen. So long as the victim doesn't actually feel fear, which these questions will say in the fact pattern, and the D didn't use force on the victim, there's no robbery.
When a person drugs someone to make them pass out in order to take their wallet or whatever, that is still on the person
, and while it doesn't fit within our typical understanding of "force," that still counts. Try and focus on whether the D's act affects the person
and hopefully that will help.
ETA: as for the question quoted above, there's no fear of force because the guy's passed out drunk, and the D didn't actually use force on the victim in order to get to the wallet. The question says which scenario is LEAST likely to result in a conviction for robbery. The physical force that did occur was after
the theft, and the force must be used to facilitate the theft.