Counseling Chapter 14 Fourteen Robbery Burglary And Related Crimes Learning Objectives After Reading This

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CHAPTER FOURTEEN

ROBBERY, BURGLARY, AND RELATED CRIMES

Learning Objectives

After reading this chapter, students will be able to:

2. State when robbery becomes armed or aggravated robbery.

4. State when purse snatching or pickpocketing can become robbery.

6. List the elements of the general burglary offense under the common law.

8. Distinguish criminal trespass from defiant trespass.

Lesson Plan

Correlated to PowerPoints

I. Robbery – Assignment 2, 3

Learning Objective 1: Describe what facts separate robbery from common theft.

Learning Objective 2: State when robbery becomes armed or aggravated robbery.

Learning Objective 3: List the requirements for home invasion robbery.

Learning Objective 4: State when purse snatching or pickpocketing can become robbery.

Media Tool

Jewelry store robbery

http://wgntv.com/2013/06/24/one-shot-two-flee-in-oak-brook-jewel-robbery/

o News video about jewelry store robbery

o Discussion: Is this a robbery? What makes it a robbery rather than

a burglary? Is there any information that would make it an

aggravated crime? If you were prosecuting this crime, what

would you charge the defendants with?

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A. Robbery is forcible stealing

“What If” Scenario

Robbery, burglary or something else?

What if a woman is accosted in an alley by a menacing robber who threatens to beat her if she

does not give the thief the ring on her finger? What type of crime has the woman been a victim

of?

B. Model Penal Code definition

1. A person is guilty of robbery if, in the course of committing a theft, he:

a. inflicts serious bodily harm upon another; or

C. Usual elements incorporated by states:

1. A taking and carrying away

3. with intent to steal

5. by the use of force against the person, or

6. with the threat of the use of imminent force, to compel the victim to

acquiesce in the taking and carrying away of the property

D. Armed or aggravated robbery is forcible stealing combined with the use of a

deadly or dangerous weapon, or which results in serious bodily injury to another

2. Issue when robber uses a simulated weapon or claims to have a weapon

3. Generally held that some indication or representation of a weapon is

needed

4. Whether the weapon is loaded is irrelevant

Media Tool

Bank robbery

http://www.youtube.com/watch?v=Oqfrr26yTSY

o News video about bank robbers using automatic weapons

o Discussion: Why did this bank robbery make the news? How

does this bank robbery compare with the typical “note” bank

robbery? What charges would the bank robbers likely receive?

E. Changes in bank robbery

1. Most bank robbers use notes

2. Identity of robbers has changed

a. Police suspect new robbers are a result of financial difficulties

3. More than half of all bank robbers are caught each year

a. Better bank surveillance cameras, more undercover guards, dye

packs, GPS devices

F. Distinguishing robbery from theft or larceny

1. Under the common law it must be shown that:

a. property was taken from the victim or taken from the presence of

the victim, and

b. the use of force or the threat of force was used in the taking

G. Where state courts differ in what constitutes robbery

2. The timing of the “force” used in a theft

3. The “transactional” theory of robbery

Media Tool

Carjacking

http://www.crimedoctor.com/carjacking.htm

o Article about carjacking

o Discussion: How did carjacking get the public’s attention? How

common is carjacking? Where is carjacking most likely to

happen? What should you do to prevent being carjacked?

H. Carjacking: A new name for an old crime

2. To address the limited applicability of standard theft statutes, most states

3. Carjacking statutes raise several problems

a. A taking occurs even if the true owner of the car remains in the car

during the carjacking

b. The true owner is in “possession” of the car even if he is alighting

from the car when the carjacking occurs or outside the car

c. Some statutes require movement of the car, others do not

d. A carjacker may also be convicted of kidnapping, if the owner of

the car is purposely kept in the car and the car is moved a

substantial distance from the vicinity of the carjacking

Class Discussion/Activity

Have students research whether their state has a special statutory provision

for the crime of carjacking and how it is defined to distinguish it from

robbery. Does it have a special provision for the crime of home invasion

and how is its definition different from robbery?

II. Home invasion robberies – Assignment 1, 3

Learning Objective 3: List the requirements for home invasion robbery.

Learning Objective 5: Distinguish robbery from extortion.

Learning Objective 6: List the elements of the general burglary offense.

Learning Objective 7: Describe ways current state criminal codes modified the common law

burglary offense.

A. Different definition than other crimes: robbery of persons inhabiting a dwelling

“What If” Scenario

What if a woman is walking down the street with her purse over her arm and a man runs by and

grabs it? In stealing the purse the man pulls it hard enough that the woman spins around and

falls to the ground breaking her arm. What could he be charged with?

C. Purse snatching, pickpocketing, and other thefts from a person

1. The majority rule in the United States is that crimes like purse snatching

2. A few courts have adopted the rule that the snatching of a purse without

3. In some states this issue is resolved by adding “sudden snatching” to the

general robbery statute

4. Even if not treated as a robbery, theft from the person is punished more

severely than ordinary theft, and it is a felony in most states, whether the

amount taken is very small or very large

“What If” Scenario

What if a garage owner had tools and equipment stolen? A man then calls the garage owner

and tells him he can provide information concerning the location of the stolen goods but will do

so only if the owner pays him $200. Doe this threat qualify as extortion.

Media Tool

Extortion: Angry business owners sue Yelp for extortion – again

http://www.entrepreneur.com/article/227389

o Entrepreneur.com article about lawsuit against yelp.com

o Discussion: What is the appeal based on? Given the information

you have from the chapter and the article on the website who do

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you think will win the case?

D. Extortion is a crime of threatened force, fear, or violence

1. The nature of the threat varies from state to state

a. The most common kinds of threats listed in state statutes are bodily

2. Extortion differs from robbery in these ways:

a. Extortion threatens future harm, robbery threatens immediate harm

b. In robbery, the victim must immediately comply with the criminal

demand, in extortion, future compliance is demanded

c. Robbery is committed in the presence of the victim, extortion can

be committed over the telephone or by mail

d. In robbery, immediate force is threatened to compel acquiescence

in the taking of the property. In extortion, the victim must pay the

amount demanded

e. Destruction of property

f. Kidnapping or injuries to the victim or the victim’s family or

friends

g. Accusations of crime, and so forth

h. Damaging name or reputation

i. Exposing a secret or failing

j. The Hobbs Act

E. Extortion by intimidation

2. The crime of extortion does require a threat, and the receipt of property

from another without a threat is not extortion

3. Extortion based on threats of future economic harm

F. Burglary

Class Discussion/Activity

For what reasons have all states changed the definition of burglary from

that of the old common law definition of burglary? What is different

today about the crime, how frequently it occurs, and the circumstances

under which it occurs?

2. Low clearance rate, crime of stealth and opportunity

3. Burglary is unlawful entry into the premises of another with intent to steal

or commit a felony

“What If” Scenario

What if a man threw a brick through a jewelry store window and then inserted his hand and

arm through the broken window to obtain watches and rings from the window display? What

crime has he committed?

G. Breaking

2. All states have eliminated the breaking requirement

3. Some states use breaking to aggravate burglary

H. Unlawful entry into premises

1. An unlawful entry into the premises must take place

I. The dwelling house of another

2. Today, virtually all buildings are contained within the scope of the crime

of burglary

3. Many states punish burglary of an inhabited building more severely than

of an uninhabited building

J. Nighttime

2. All jurisdictions recognize daytime burglaries today

3. Some jurisdictions impose more severe penalties for nighttime burglaries

K. Intent to commit a felony

2. Modified by most states and the federal government

a. Intent to steal or commit a felony

b. Intent to commit a crime

c. Specify crimes

d. Depends on the language of the statute

e. The intent to steal is not always presumed

Class Discussion/Activity

Have students look up your state statutes for burglary and one serious

personal crime (rape, murder, assault). After they have done so, have them

determine what they would need to prove for the person crime and what

they would need to prove for the burglary crime. Discuss the difficulty in

proving charges such as these and how using a lesser charge like burglary

might be helpful to gain a plea bargain.

L. Proof of burglary when other crimes are committed

1. Burglary is most often committed by a defendant who steals or has an

2. Burglary charge may be one of many serious charges

21–24

III. The Crime of Trafficking in Stolen Goods – Assignment 4, 5

Learning Objective 8: Distinguish criminal trespass from defiant trespass.

Media Tool

Trial set for Ki-Be school official accused of selling property

http://www.tri-cityherald.com/2013/07/11/2467064/trial-set-for-ki-be-official-

accused.html

o News article about a school official caught selling school

property online

o Discussion: Do you think the defendant is guilty of trafficking in

stolen property? Why? What has to be proved for him to be

guilty? What about the people who bought the stolen modules?

Are they guilty of a crime? How do you think websites like eBay

have impacted fences?

“What If” Scenario

Stolen property?

What if a friend of yours calls you and says he has some DVD players for sale cheap?

He says he got a really good deal from a friend of his who went out of business. He

will give you 10% of every DVD player you can help him sell. Should you buy one?

Should you help him sell them? What should you do?

A. Defined by the statutes of each state and ordinarily include:

1. Receiving

3. Buying and transferring

B. The state is ordinarily required to prove:

2. The defendant received, concealed, possessed, purchased, or transferred

the property as forbidden by the state

3. The defendant knew the property was stolen

C. The fence and fencing stolen property

1. A fence is a person who traffics in stolen property

3. Other fences deal primarily or wholly in stolen goods

4. Some narcotics pushers act as fences

D. When property loses its character as stolen goods

E. Possession of criminal or burglary tools

1. All states have statutes making possession of criminal/burglary tools a

crime

a. Usual elements include:

2. Difficult crime to prove

Class Discussion/Activity

Many people will participate in some form of vandalism when they are

adolescents. What makes it so difficult to police this crime? Why doesn’t

the public put the same pressure on police to solve a crime like vandalism

that they do with other crimes? What vandalism do you see in your

community?

IV. Destroying or damaging the property of another

Learning Objective: Distinguish criminal trespass from defiant trespass.

A. Vandalism is a serious problem and can cost millions of dollars in large cities

2. Laws passed may make parents responsible for damage caused by minor

children

B. Trespass

1. In its broad sense, the word trespass means an unlawful act against a

person, property, or right of another

2. In its usual and more common use, trespass refers to a wrongful intrusion

on the land or into the premises of another person

a. Trespass to land statutes

b. Trespass to dwelling statutes

F. The crime of defiant trespass

1. Occurs when a person remains in a place where he is not privileged to

remain after notice of trespass is given

Lecture Notes

Robbery, of course, involves violence or the threat of violence. Burglary involves entering a

home or business without consent with the intent to commit a crime. Burglaries open up the

potential for the use of violence. Extortion involves threatening harm. These crimes are

considered serious because theft of property is only a component of the offense. The real danger

of these crimes is the fear and terror they impose on victims. Robbery is a violent crime

committed against a person where some property or money is taken with force or the threat of

force. Burglary (for the most part) is a non-violent crime and is considered a property crime.

However, burglary can easily turn into a crime against a person if someone is confronted in the

Emphasis must be placed on the distinctions between theft, robbery, and burglary. Our media

shows a person coming home from a late dinner only to find their household items stolen. The

homeowner picks up the phone and tells the 911 dispatcher that they were just “robbed”. This is

incorrect. The homeowner was not “robbed”, he/she’s dwelling was “burglarized”. The correct

terminology is important because one is a property crime (burglary) while the other is a “crime

against a person” and each would be classified differently in our crime data sources (UCR and

NCVS). What impact might this have on reported crimes?

This chapter also stimulates discussion about gun violence because deadly weapons are often

used by the perpetrators of these crimes. It opens up discussion about whether ordinary citizens

Extortion is unique in that it is a crime that threatens a future harm if the victim does not

cooperate. What kinds of persons might be most vulnerable to such threats? What might one do

to stay safe from the threat of extortion? Can an honest, hardworking person be extorted? How

does what we generally think of from extortion differ from what is written in the chapter?

Key Terms

robbery – Forcible stealing. (p. 398)

armed robbery – Forcible stealing combined with the use of a deadly or dangerous weapon, or

which results in serious bodily injury to another. (p. 398)

home invasion robbery – Robbery of persons inhabiting a dwelling. (p. 403)

sudden snatching – A form of robbery where force is not used beyond that needed to take

property from another person (p. 404)

extortion – Obtaining property by threats of future harm. Differs from robbery in that robbery

requires threat of immediate harm. (p. 405)

burglary – Unlawful entry into the premises of another with intent to steal or commit a felony.

Two hundred years ago in England, an illegal entry into the home of another by force and at

night was punishable by death if the entry was done to steal or commit a felony. (p. 407)

defiant trespass – A person remains in a place where he or she is not privileged to remain even

after notice of trespass is given. (p. 417)

Assignments

1. Have students research your state’s burglary statute. How does the statute distinguish

dwellings from other types of structures? Does it include burglary of a vehicle? Coin

operated machines? Is the punishment for the burglary of a dwelling different than for

2. Have students find a news report of a bank robbery in your area. Based on the elements

described in the report, have them determine what charges they believe would be

appropriate. Have them follow up to see what the defendants were actually charged with

and see if they can also determine why those were the charges (plea bargain, lack of

3. Explain the element of the crime of burglary that requires an unlawful entry. What can

4. This assignment can be done individually or in groups. Have students go out into your

city (in a safe location) and take pictures of the local area including any vandalism they

are able to locate. Using the pictures they have taken students can create a presentation

describing the vandalism they saw and its impact on the community. Encourage them to

Case Analysis and Writing Exercises

1. Robbery requires a “forcible” taking of property. We saw in this chapter that states have

gone beyond a strict definition of “taking” as meaning the actual act of theft, and have also

included in the definition of “forcible” under a robbery statute the force used in flight after

the theft. Was force used in the theft that occurred in People v. Williams, 305 P.3d 1241 (Cal.

2013)? There, the defendant used fraudulent credit cards to buy gift cards at a Wal-Mart

store. Store security officers discovered the fraud while the defendant was still in the store,

and attempted to block his exit from the store. The defendant struggled with the officers, and

was held for the police to arrive. He was convicted of robbery, and appealed. Should his

conviction be reversed? Why or why not?

2. In addition to the Hobbs Act, discussed in this chapter, Congress also enacted 18 U.S.C.

§876. That statute makes it a crime to use the U.S. Mail for the purpose of communicating

threats to extort property from a person. Has the statute been violated when a defendant mails

threatening letters, demanding money or other property, to businesses located near the

veterinary business operated by a woman the defendant wished to harm, and to which the

defendant signed the veterinarian’s name? Is it a defense under the statute that the defendant

3. In the early morning a police officer observed the defendant leaning on a porch at a

community center. The building had a sign that clearly said “No Loitering”. The officer

approached the defendant and arrested him for trespass. A resulting search found crack

cocaine on the defendant’s person. He was charged with possession of the cocaine, and pled

guilty reserving a right to appeal.

On appeal he contends that if he was not properly arrested for defiant trespass and the

4. The defendant entered a Wal-Mart store and placed two television wall-mount kits in her

cart. She then went to the customer service counter and “returned” one of the kits for a gift

card. She used the gift card to purchase the other kit, which she returned the next day for

cash. The state has charged her with “trafficking in stolen goods” under the Washington

statute, which applies to one who “disposes of stolen property to another person”. Is the