Joe and Janine are walking home from dinner and a movie one evening when Lucas suddenly pops out from behind a dumpster, points a gun at the couple, and demands they turn over all of their belongings

Question

Joe tries to wrestle away the gun, but both Joe and Janine are fatally wounded. Only after the couple dies from their gunshot wounds does Lucas take their money and jewelry. In addition to criminal homicide, can Lucas be charged with robbery? Why or why not? What if Lucas did not return until the next day to recover the belongings from the bodies? Would that be considered robbery?

Answer 1

Answers will vary by student. When examining the traditional elements of robbery it can be argued that Lucas can be charged with robbery. He meets all six requirements of robbery: 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. If Lucas does not take the belongings right away than he has not met the definition of "the taking, and carrying away, of the personal property, of another person" but whether the required intent is (1) to permanently deprive the owner of the property or (2) to force a victim to give up property depends on the law. In addition, he still took the property from the victim's "body."