Cuyamaca College Robbery and Stealing Discussion
Description
You Decide – Robbery (POST)
Read the following facts and then answer the questions at the end of the paragraph.
After you post your answer(s), read my first post. You’ll see what the court decided in this case. Then respond to my post and tell us whether you decided the case the same as the court did. Did you agree with the court’s decision? Why or why not?
Ronald Williams and the victim were drinking wine with Frank Morrow and an unidentified male. The victim passed out. Williams rolled the victim onto his side and removed this wallet from his pants pocket. Williams appealed his robbery conviction. The Pennsylvania appellate court was asked to determine whether robbery may be committed against a voluntarily intoxicated, unconscious victim. Did Williams take the victim’s wallet through the “use of force, however slight?”
REPLY TO
Collapse SubdiscussionLeticia Carvalho Sousa
Leticia Carvalho Sousa“>Leticia Carvalho Sousa
12:05amApr 17 at 12:05am
According to the textbook, “larceny, embezzlement, and false pretenses are all directed against wrongdoers who unlawfully interfere with the property interests of others” (p. 1153). The Model Penal Code also touches on the subject that those infractions are still valid if committed with the victims involuntariness. The fact that the victim, in this case, voluntarily drank to the point of being intoxicated, does not imply that another has a right to take advantage of that and do whatever. Nevertheless, the victims condition, does not change the fact that a crime was committed. The legal equation for a crime to qualify as robbery is taking of the property of another from the person or presence of the person, by violence or threat of immediate violence placing another in fear, and the intent to permanently deprive another individual of property (p. 1216). The case presented cannot be charged as robbery, for the fact that there was no violence present. The action of rolling the victim onto his side, and removing the wallet from the victims pocket does not equal to an act of violence. The case can be classified as theft.
Collapse SubdiscussionOlivia Shamon
YesterdayApr 16 at 8:15pm
Did Williams take the victim’s wallet through the “use of force, however slight?”
“Robbery is the crime of taking or attempting to take anything of value by force, threat of force, or by putting the victim in fear.” Williams didn’t take the victim’s wallet through force, the threat of force, or putting instilling fear in the victim. However, this being the situation, there should be some sort of punishment for Ronald Williams for his actions. “Williams rolled the victim onto his side and removed his wallet from his pants pocket.” In this statement, nothing related to force was used due to the victim being unconscious this worked in William’s favor. Ronald Williams should be charged with theft; theft is a crime against property. For instance, the wallet is the victim’s property (a thing or things belonging to someone; possessions collectively). Therefore due to William appealing his robbery conviction and the Pennsylvania appellate court was asked to determine whether robbery may be committed against a voluntarily intoxicated, unconscious victim. Whether my opinion is no; robbery may not be committed some sort of punishment should take place. This would’ve been a different situation if Williams drugged the victim before taking the wallet from his pants pocket.
Wikipedia contributors. (2022, February 13). Robbery. Wikipedia. https://en.wikipedia.org/wiki/Robbery (Links to an external site.)
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