- If you kill for purpose of theft, that's robbery.
- Murky: kill them, then decide to take property.
Common-Law Elements:
- 1. Larceny (regular larceny)
- 2. (a) taking by force or fear possibility of immediate force, AND (b) from victim or from immediate presence and control of victim
- 1. Theft
- 2. (a) serious bodily injury, OR (b) threatens/puts in fear of SBI, (c) commits/threatens felony of 1st or 2nd degree
- What about intent for larceny? Courts tend to merge that, especially today.
- Armed Robbery: Diamon, p. 535, can be armed robbery even if you don’t display dangerous weapon
- But some "weapons" must be used (umbrellas, etc.) to count.
- Claim-of-right defense?
- Not for robbery says court in NJ if one is taking property that is yours.
- Debt collection can be guilty of robbery if it is someone else's.
- But if taking back specific item then it's your specific property and it isn't robbery.
- But traditionally can have a claim of right.
