The Law on Robbery
The law on robbery is contained in the Theft Act 1968; an act in which
the government attempted to clarify the law on theft and related
offences. Robbery as an offence can be seen as an aggravated theft –
it is necessary that the elements of theft be satisfied before the
prosecution can attempt to achieve a successful conviction for
robbery. While the law surrounding the offence of Theft has been
subject to deliberation and criticism since the passing of the act,
the law on robbery has proved equally difficult to apply. It is
because of this that many legal commentators and reform groups have
proclaimed the need for updated legislation on the subject.
S8(2) Theft Act 1968 provides that the maximum sentence for a
conviction of Theft is life imprisonment, making it the most serious
of the theft offences. The government however has taken an
increasingly strict attitude towards the offence, and s2 Crime
(Sentences) Act 1997 attempted to provide new guidelines concerning
the sentencing for a conviction of robbery. This act states that a
second serious offence of robbery could attract an automatic life
sentence, unless the defence can argue that the case involves
‘exceptional circumstances’. Although the act contains no clear
definition of what is considered to be an ‘exceptional circumstance’,
the appellant in the case of Williams [2000] was unable to argue
against the automatic life sentence. The appellant argued that he had
not been violent in either case, and the carrier bag that he had told
the shop attendant contained a gun, in reality only contained a
bottle. The Court of Appeal decided that it was not enough...
... middle of paper ...
... wish to take a
very strict approach towards this offence, this also makes the job of
the courts considerably more difficult. While few would disagree that
the circumstances described in cases like Clouden and Dawson amount to
robbery, such offences do not appear to be the most serious robbery
cases. It therefore seems that the current state of the law on robbery
restricts the courts, from providing fair punishments. It may also be
helpful for some clarification on the word ‘force’; while allowing the
jury to decide on the word does allow for a practical lay person’s
definition of the word, it could also result in an inconsistent
approach to the subject with too many decisions being reached on the
personal preferences on the jury. The offence also relies on the
confusing definitions of ‘dishonestly’ and ‘appropriation’
Video of Bank Robbery (link). Famous Trials. UMKC School of Law, 2006. Web. 18 Jan. 2014. .
By definition, burglary is typically defined as the unlawful entry into almost any structure not just a home or business with the intent to commit any crime inside not just limited to the crimes of theft or larceny. No physical breaking and entering is required for it to be considered the crime of burglary. The suspect may do something as simple as trespassing through an open door at someone’s house, or an open door in the back of a restaurant. Unlike robbery, which involves use of force or fear to obtain another person's property, there is usually no victim that is present during a burglary and that’s what makes it different from other crimes with similar motives.
Personally, I believe that the overwhelming number of historical cases of theft conducted by the poor can be attributed to a whole host of potential motivations. Firstly, the motivation to survive, many of those who were distinguishable as impoverished were often unable to live subsistent. Nevertheless theft was perceived and punishable in a very serious manner. However, the economic climate of the 18th and 19th century was begin to boom as a result of industrialization. The overwhelming pressure to cater to the emerging notion of consumerism promoted further potential for crime to arise, because the poor would often engage in pickpocketing or begging, whereas women often engaged in shoplifting to acquire goods for her family to outwardly
There are numerous theories as to why a crime is committed. Rational choice theory, which is a subset of classical theory, says that before people commit a crime they think about what they are going to do. They weigh the pros and cons before committing the criminal act. The rational choice theory is well suited for the causation of burglary. The support for this theory is that burglars do not commit crime for the fun of it or just because they want to. It is usually because they need money to keep their heads above water. In their situation, they do not see any other way than to steal to make a living. The opposition for rational choice theory is that criminals do not think before they act as they may be incapable of thinking rationally in the first place.
Karen Horney was born September 16, 1885, to Clotilde and Berndt Wackels Danielson. Her father was a ship's captain, a religious man, and an authoritarian. Her mother, who was known as Sonni, was a very different person -- Berndt's second wife, 19 years his junior, and considerably more urbane. Horney's childhood was one of some distress. She felt like her father loved and respected her brother much more than he did of her. Yet he would take her on sea trips with him, and would buy gifts for her. She distanced her self from her father, and grew to recent him. She turned to her mother who gave her the love and respect that she desired.
Woodhams, J., & Toye, K. (2007). Empirical Tests of Assumption of Case Linkages & Offender’s profiling with Commercial Robbery. Psychology, Law & Public Policy, 13 (1), 58-84.
theft are financial, driver license, medical, child identity theft, and synthetic identity theft. It is
Parole (early release from prison) is often referred to as the back door to the US corrections system. The concept of parole dates back to the establishment of the Elmira Reformatory. The goal of the Elmira Reformatory was to rehabilitate and reform the criminal instead of following the traditional method of silence, obedience, and labor. Parole was originally set up to encourage prisoners to do well, keep their noses clean, and become model prisoners. Once a prisoner had shown rehabilitation and reform they were released prior to the execution of their full sentence.
The chapter states that assaults without the intent to steal has a positive benefit when
Issue: The defendant Richard Gordon and Strode had told Prout that they "Would take care of the automobile and see that he got it back as soon as possible." Could Richard Gordon be charged with "Armed Robbery"?
Jacqueline T. Fish, L. S. (2014). Bullets and Cartridge Casings. In Crime Scene Investigation (p. 181). Waltham: Anderson.
An example of a general intent offense is robbery, which means taking something from someone by force, or by the threat of bodily physical harm. Some people may term theft as a specific intent crime. However, the purpose of the act depends on the law, either the intent was to completely deprive the owner of the object stolen, or force the victim to give up on the property. Pg.
This concept, that stealing some else^s property is bad, is also included in mankind^s nature. And therefore it is an absolute law. Examples of thieves and robbers do not refute the existence of the absolute law because they are just people who do not
He had a revolver in his hand, but he did not point it at them.
Theft is a broad category but there are other charges that are listed as separate charges, but are under the “Theft” umbrella. Some of the other