What are the three main elements for the crime of robbery? For each element, provide examples of one or two questions that investigators should ask when interviewing the victim
What will be an ideal response?
The elements of the crime of robbery are (1) the wrongful taking of personal property,
(2) from the person or in the person's presence, (3) against the person's will by force
or threat of force.
Taking of property necessitates proving that it was carried away from the lawful owner or possessor to permanently deprive the owner of the property. The officer must prove that the robber had no legal right to the property taken. Some questions to ask might be: Who is the legal owner? Was property taken or intended to be taken?
From the person or in the presence of the person necessitates proving that the property was under the victim's control before the robbery and was removed from the victim's control by the robber's direct actions. Some questions to ask might be: Where was the property before it was taken? Where was the victim?
By force or the threat of force may be the most difficult element to establish. If the victim perceived a threat, it is real. If nothing was said, find out what gestures, motions or other actions compelled the victim to give up the property. Some questions to ask might be: Did the robber have a weapon? Did the robber threaten you or another individual? What gestures or motions did the robber make?
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