Robbery, by general definition, is an act where someone intentionally takes another person’s property, directly from them, using force, threat, or intimidation. Imagine you’re walking down the street, and someone approaches you, threatens you with harm, and demands your wallet.
That frightening act is a classic example of robbery. It involves three key elements: the intent to steal (mens rea), taking of property (actus reus), and the use of force or intimidation. Throughout various jurisdictions, the exact legal definitions and components of robbery may slightly differ, but these core elements are mostly consistent.
Addressing Harm
Laws against robbery are crafted to safeguard both personal property and physical well-being, embodying the legislature’s intrinsic efforts to sustain order and protect citizens from physical harm and emotional trauma. The use of force or threats to compel a person to surrender their possessions inflicts not only financial loss but also potentially leaves lasting psychological impacts.
Hence, laws against robbery serve dual purposes: firstly, to shield society from direct, tangible harms such as physical injuries and loss of property, and secondly, to deter the indirect, intangible harm that is the breeding of fear and insecurity within communities. Robbery corrodes the foundational trust upon which safe and secure societies are built. Through strict legal sanctions against this offense, legislatures seek to preserve social order, protect individual well-being, and cultivate an environment where citizens can operate free from fear and intimidation.
Classification
Robbery is predominantly classified as a felony across most legal codes, reflecting its severity and the significant impact it has on victims and society. However, within this overarching categorization, there are often degrees of robbery which are determined based on the specifics of the offense, such as whether a weapon was used or the level of harm inflicted upon the victim. Degrees of robbery help refine sentencing and ensure that the punishment is proportional to the specific circumstances of the crime.
Robbery in the Spectrum of Criminal Offenses
In the broader spectrum of criminal offenses, robbery uniquely straddles the categories of crimes against persons and crimes against property. The act of stealing categorizes it as a crime against property since it involves unlawfully depriving someone of their possessions. Concurrently, because robbery invariably involves the use or threat of force, it also constitutes a crime against the person, reflecting the potential for physical harm or psychological trauma it entails. Unlike crimes categorized purely as offenses against property, such as burglary, robbery inherently engages the victim in a direct and confrontational manner, amplifying the potential for physical and emotional damage.
Tracing the Roots of Robbery
Robbery has been recognized as a criminal offense since ancient times, with historical codes providing frameworks for defining and punishing the act. One of the earliest known legal codes, the Code of Hammurabi (circa 1754 BCE), prescribed specific penalties for robbery, demonstrating that the perils posed by this offense were acknowledged even in early societies.
Sir William Blackstone, a revered 18th-century English jurist, discussed robbery in his seminal work “Commentaries on the Laws of England,” elucidating its foundational principles within common law. Blackstone described robbery as a felony, highlighting its violent nature and the compounded moral wrongdoing of not only violating one’s property rights but also transgressing their personal security (Blackstone, 1769). He encapsulated robbery as the stealing of any money or goods to any value by violence or putting in fear. Blackstone’s definition still permeates modern legal doctrines, as the essential elements of force, fear, and theft continue to underscore contemporary definitions and statutory formulations of robbery.
In the progression from ancient codes to the articulations of common law scholars like Blackstone, robbery has consistently been perceived as a grave offense, warranting stringent legal sanctions. The consistent thread, tracing back through millennia, is the acknowledgment that robbery uniquely injures society by not only infringing upon property rights but also by threatening the physical and psychological well-being of individuals.
In providing a contemporary examination of robbery, it’s essential to dive into the Model Penal Code (MPC). The MPC serves as a guidepost for many states in the U.S., offering a sophisticated and detailed elucidation of various criminal offenses, including robbery.
MPC Definition of Robbery
Under the Model Penal Code (§ 222.1), robbery is defined as follows:
Robbery is defined as the infliction, attempt to inflict, or threat to inflict bodily injury upon another person; or threatening another person with immediate serious bodily harm, or committing or threatening to commit a felony of the first or second degree.
The aforementioned definition encapsulates the triad of elements that characterize the act of robbery. The perpetrator must have an intent (mens rea) to commit theft. During the commission of the theft, they must either inflict harm, threaten harm, or use force (actus reus). Notably, the use or threat of force must be immediate to separate it from mere theft or other criminal activities (Model Penal Code, § 222.1).
Defenses to Robbery under the MPC
The MPC, while stringent on perpetrators of robbery, acknowledges that certain circumstances can mitigate the criminal culpability associated with the offense. One primary defense mentioned in relation to robbery in the MPC revolves around the concept of duress. If an individual can conclusively demonstrate that they committed robbery under the imminent threat of serious bodily harm or death, such coercion may be recognized as a valid defense. However, it’s worth noting that duress isn’t an automatic acquittal but rather can serve to reduce the severity of the crime or the associated penalties (Model Penal Code, § 2.09).
Summarized Elements of Robbery
- Mens Rea (Guilty Mind): The intentional desire to deprive someone of their property unlawfully.
- Actus Reus (Guilty Act): The physical act of taking another’s property using force or threat.
- Concurrence: The synchronization of the guilty mind (mens rea) with the guilty act (actus reus).
- Attendant Circumstances: Any external factors or conditions present during the commission of the crime, such as the use of a weapon.
References
- Model Penal Code (1985). American Law Institute.
- Blackstone, W. (1769). Commentaries on the Laws of England (Vol. 4). Clarendon Press.
Modification History File Created: 07/17/2018 Last Modified: 10/03/2023
This work is licensed under an Open Educational Resource-Quality Master Source (OER-QMS) License.
