chapter 9 robbery, extortion and bribery this multimedia product and its contents are protected...

Chapter 9

Robbery, Extortion and Bribery

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Copyright (c) Allyn & Bacon 2008

ROBBERY

The most serious and feared form of theft, robbery is the theft of property from a person (or property in close proximity to the person), by use of force or fear. Often, the fear of robbery is based upon the fear of robbery with a dangerous or deadly weapon—armed robbery. Mens rea: Defendant must both intend to steal property from

a person and intend to do so by use of force or fear.

Actus reus: The actual theft must be accompanied by the defendant’s immediate and real use of force or fear.


ROBBERY—Types of Robberies

There are generally five recognized types of robberies: Robbery of persons who control money or goods: robberies

of banks, stores, offices, and couriers.

Robbery in an open area: robberies in the streets, parking lots, alleys, parks, and garages.

Robbery in private residences: in-home robberies.

Robbery by a short-term acquaintance: robberies that occur after a chance, or brief encounter.

Robbery by a long-term acquaintance: robberies that occur between two people who have known each other for a significant period of time. Copyright (c) Allyn & Bacon 2008

ROBBERY—Types of Robbers

Another categorization classifies robbers by offender type rather than location. Professional Robbers: Career criminals who pursue robbery

as a way of life. Robberies are planned and approached as a job.

Opportunist Robbers: Criminals who commit robbery when the opportunity presents itself.

Addict/Alcoholic Robbers: Criminals who commit robberies to support their drug/alcohol habit. Often, these robberies are very sloppy.


ROBBERY—The Victim’s Understanding

There are two standards used in addressing the victim’s understanding/belief of the force or fear required for a robbery conviction. Objective Standard: This standard ignores the feelings of

the victim and looks to whether or not the defendant was actually armed with a dangerous or deadly weapon. Under this standard, a finger in a pocket or an inhaler in the back would not be construed as a real gun.

Subjective Standard: This standard looks to the victim’s state of mind (i.e., did the victim believe the defendant was armed with a dangerous or deadly weapon). Under this standard, a finger in a pocket or an inhaler in the back would be construed as a real gun.


EXTORTION

The modern day crime of extortion focuses on theft by the threatened use of violence, the exposure of secrets, or use of official action. Modern day extortion is a combination of blackmail and robbery. Mens rea: Defendant must intend to steal property from

another person.

Actus reus: The theft must be accomplished by means of threats of future violence, exposure of secrets, or taking or withholding official action. The threat does not need to be immediate, but it must be real.


ATTEMPTED EXTORTION

An attempt, by means of any threat, to extort money or property from another.

Elements: A specific intent to commit extortion.

A direct ineffectual act done towards its commission.


ROBBERY vs. EXTORTION

Both robbery and extortion deal with the theft of property by fear or force; but, there are some striking and important differences. Time: With robbery, the harm must be immediate. Extortion,

however, requires the harm to be in the future. In either case, the harm must be real.

Nature of the Harm: with robbery, the threat of harm is that of physical force and/or bodily injury. Extortion, however, the threat of harm may be either physical, financial, or of such nature to expose the victim to hatred, contempt, or ridicule.


EXTORTION vs. OTHER THEFT CRIMES

Extortion and all other theft crimes involve the wrongful appropriation of another person’s property. The key distinction between extortion and all other theft crimes, however, is the threat of future harm (either physical, economic, or to reputation) is an essential element of extortion. As long as we all have secrets, extortion will remain a very real crime.


BRIBERY

Very similar to extortion, bribery is best known as a crime involving public corruption. There are basically two forms of bribery: first, giving a public official money or property to influence their capacity as a public official; and second, giving a public official money or property to do something in contradiction of their public duty. Mens rea: Defendant must intend to either make or accept

an unlawful agreement.

Actus reus: The actual agreement, not the agreed act, completes the crime.


COMMERCIAL BRIBERY

Bribery defined more generically. Does not require a public official. According to the Travel Act, bribery may be corporate as well.


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