Issue’s summary
Defendant went to the victim’s house supposedly to look at and buy a rifle owned by the victim. When the victim gave the rifle to the defendant to inspect, he turned the rifle on the victim and refused to give the rifle back.
Introduction
Under the US criminal law robbery encompasses the act of taking anything of value from the direct control of another or the person of another, using or threatening the use of violence or force (Gardner & Anderson, 2009). As per 18 USC chapter 103- Robbery and Burglary, a person can be convicted of robbery if the prosecution proves the commission of the act as per the three elements of a robbery that encompass taking of anything valuable, from another’s immediate control or another’s a person and using or by threatened use of violence or force (the United States., & United States, 2008).
Establishing the Act of Robbery in the Case at Hand
The defendant can be convicted of robbery because he takes the item of value (rifle), from the victim’s immediate control, and instead of returning the gun to the victim; he turns it towards him and refuses to return it. This can be translated as threatened use of force or violence (Scheb & Scheb, 2012). In this case, the defendant’s actions can be ascertained as robbery because it can be analyzed through the three elements of robbery.
Defendant’s Defense
In the defendant’s defense, he can claim that no force or threatened use of force was involved in the act. This is because he did not acquire the rifle through violence or force. This argument is not good based on Jacobs v. the United States, 861 A. 2d 15 (D.C.2004) (Jacobs v. the United States, 2004). This is because though the defendant did not take the gun from the victim by force, he threatened violence by pointing the gun at the victim. His act is therefore convictable as robbery in court.
References
Gardner, T. J., & Anderson, T. M. (2009). Criminal law. Australia: Thomson/Wadsworth.
Jacobs v. the United States, 861 A. 2d 15 (D.C.2004).
Scheb, J. M., & Scheb, J. M. (2012). Criminal law. Belmont, CA: Wadsworth.
The United States., & United States. (2008). United States code. Washington, DC: U.S. G.P.O.