Identify and explain the six traditional elements of robbery
What will be an ideal response?
1) The taking; 2) and carrying away; 3) of the personal property; 4) of another person; 5) by violence or by putting the victim in fear; 6) with intent to permanently deprive the owner of the property. Note that the first five parts of this definition constitute the actus reus of robbery; the last constitutes the mens rea. The "taking" element of robbery is fairly self-explanatory. The taking does not have to occur in a trespassory manner. The "carrying away" element is also fairly self-explanatory. For robbery to formally occur, the offender must not only take the property but also leave the scene. Robbery is limited to personal property. While robbery is a crime against property, it is also a crime against a person. If there is not a person as victim, then the crime will be larceny. Finally, the fifth element of the actus reus of robbery is violence or putting the victim in fear. In general, a robbery does not occur unless, along with the actus reus of the offense, the offender intends to permanently deprive the owner of the property. There are exceptions.
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According to the text, which of the following statements is correct?
a. Roads on public school property are considered highways. b. The shoulder adjacent to the actual roadway is considered part of the highway. c. The median between a divided roadway is considered part of the highway. d. All of the above statements are correct.
The idea that all members of an organization are leaders and must make decisions for which they will be held accountable is a main theme for:
A) crisis leadership B) command leadership C) dispersed leadership D) digital nervous leadership
Identify and briefly discuss three legal limits on the creation of a criminal statute
What will be an ideal response?
A batch of letter-sized airmail envelopes—from a country well known as a source of narcotics—that are bulky and much heavier than ordinary airmail letters, are stopped at the Post Office in New York. A U.S. Customs Inspector opens the letters and finds heroin. No search warrant was sought. Would this be considered an illegal search and seizure?
a. Yes, because there was no probable cause to link the envelopes to any specific crime, smuggling or otherwise.
b. No, because it constitutes a "border search" and anything crossing the border falls within this exception.
c. No, but only because "probable cause" was not articulated and a search warrant was not obtained.
d. No, it would only be admissible with a warrant or with consent, regardless of the border issue, since it involved the U.S. Mail.