NCJ Number
112909
Date Published
1987
Length
48 pages
Annotation
This discussion of issues in the prosecution of robbery cases focuses on crime elements, lesser included offenses in robbery, double jeopardy, evidence sufficiency, joinder and severance, and sentencing.
Abstract
Robbery elements encompass the intent to steal using force and the conduct of forcible stealing. Issues in intent are the absence of the requirement that the victim have legal title to the property stolen, aiding and abetting, proving intent, proof of intent in attempted robbery, and a juvenile's intent. Aspects of conduct in robbery with which a prosecutor may deal are purse snatching, the threat of force, forcible retention, an accomplice, causing physical injury, being armed with a deadly weapon, the use or threatening the immediate use of a dangerous instrument, displaying a firearm, and an affirmative defense. Lesser included offenses in robbery are larceny, assault, a lower degree of robbery, and possession of a weapon. Issues in the sufficiency of evidence are suspect identification and circumstantial evidence. The discussion concludes with a review of New York State sentencing law for the three degrees of robbery.