IndexIntroductionHistoryStrength and FearTopic AnalysisConclusionIntroductionThis article will talk about the robbery. Robbery is one of those crimes that people may not know what defines robbery from any other crime. People may not know this, but there are two key factors that come into play in robberies. According to the book Peace Officer's Guide To Criminal Law, by George T. Payton and James E. Guffey, robbery is a criminal taking of personal property in the possession of another by a person or immediate presence, against the will , accomplished by force or fear. In criminal law the penal code for robbery is PC 211. Say no to plagiarism. Get a tailor-made essay on "Why Violent Video Games Shouldn't Be Banned"? Get an original essayThe two key factors for a robbery to exist must be strength and fear. In order for force to be applied, it must be greater than that required to carry away the property. The fear must concern oneself, a relative or a person with the victim. In this article you will learn about the history, court proceedings, sentences, robbery defenses, laws, and gain an understanding of the role of force and fear. History Robbery was one of the first crimes punishable by death. According to the History of Robbery, “In the United States, since colonial times, robbery was a crime punishable by death.” In the early days of the nation, suspects would have risked death if they committed a robbery. Robbery became famous in England and became the capital crime in England around 1800. One of the most famous bank robberies to occur in the United States is the Dunbar armed robbery. According to the website, 11 of the largest robberies in history, in 1997 a regional security inspector and his five friends overpowered the guards and loaded the money into their truck. Approximately $18.9 million was withdrawn. Some robbery crimes evident over the years are bank robberies, armed robberies, aggravated robberies, auto thefts, and extortion. Strength and Fear Both strength and fear play a huge role in the definition of robbery. Many people don't know this, but if you are missing both key factors then there is no robbery. According to the website, Section 211 PC: Robbery of the California Penal Code, “Because robbery involves the use of force or fear, it is considered a serious crime that could result in substantial prison sentences.” Strength and fear both play a critical role in robbery because without these two key factors, robbery may never be the high-level crime we know it to be. Strength and fear play an important role because the suspect makes the victim feel petrified. According to the book Peace Officer's Guide to Criminal Law, by George T. Payton and James E. Guffey, it is stated that the fear in robbery could be the fear of unlawful injury to the victim or a family member. Fear plays an important role because the suspect may make it appear that he or she will harm the victim or the victim's family. According to the book Peace Officer's Guide to Criminal Law, by George Payton and James E. Guffey, "For force to be a valid factor, it must be more force than is necessary to carry away property." This means that if a suspect were to steal someone's bag, there must be force that the suspect had to use to get hold of the bag. If the suspect was able to get hold of the bag without the victim resisting, then there would be no force to indicate that it would not be classified as a robbery. Analysis of the topic Elements of the robbery For a robbery to be considered as such there must be the following five elements. According to the book Peace Officer's Guide to Criminal Law, byGeorge T. Payton and James E. Guffy, the five elements of robbery are: the criminal taking of the personal property of another, from the immediate presence of the victim, against the victim's will, and by force or fear. These five elements define the definition of robbery and without these five elements there could be no robbery. There must be a taking away of someone's property, which means taking something that does not belong to you. It must also come from the immediate presence of the victim, if the property was not taken in their immediate presence it is not a robbery, but rather a burglary. It must also happen against their will, by force or by fear. Proceedings Robbery falls under penal code 211. Robbery is classified as a crime in criminal law. Robbery can be punished either in the first degree or in the second degree. For it to be a first degree robbery, the robbery must take place against an inhabited house, a ship, a bus with a trailer, at or near an ATM. All other robberies are considered second degree. According to the California Penal Code 211-Robbery website, to be convicted of robbery, the prosecution must prove that you took someone else's property from their immediate presence, and that it was against their will, using force or fear . For example, a thief enters a bar and offers a lady a drink. As the lady takes the drink, the thief grabs her purse, but the lady manages to grab it and resists the thief from taking her purse. This would fall under robbery because the thief takes something that is not his in the immediate presence of the victim, and does so against the victim's will while using force. You cannot be prosecuted for robbery if these elements do not apply. Phrases Depending on the type of robbery someone commits will determine how many years you could be sentenced to. According to the Robbery Sentencing and Penalties website, California states that for second degree robbery you will be sentenced to 2, 3, or 5 years. However, New York gives judges leeway to decide how many years someone might face for second-degree murder. According to the Robbery Sentencing and Penalties website, "In addition to prison, probation, and other sentences, laws may also establish other forms of punishment, such as fines, community service, and restitution." Judges often review the crime and decide the sentence the suspect should receive. According to the Robbery Sentencing and Penalties website, judges will look at three key elements when deciding on a sentence. These three elements are: the value of the stolen property, the level of violence or intimidation used, and the nature of the victim to achieve an appropriate punishment. Robbery has two types of qualifications. The first was first degree robbery. For first degree robbery, someone could be sentenced to 3, 4, or 6 years in prison. According to the Penal Code 211 PC-California Robbery Laws website, potential convictions could amount to a fine of up to ten thousand dollars. Robbery Defenses Usually people think that once they are convicted of robbery, then that's it. However, there are some defenses that people could use to get away with a robbery. According to the Robbery Defenses website, the defendant could escape robbery if he spoke with an experienced defense attorney to evaluate the case. There are two types of defenses that defendants typically employ: entrapment and duress. Coercion means that someone has forced you to do something against your will. According to the Robbery Defenses website, the defendant was forced to commit a robbery under threat. If the defendant can prove that he was threatened to commit a robbery by someone, he could be plead.