Robbery And Extortion – Coursework Example
Robbery and Extortion al Affiliation Article 160 of the New York Penal s that robbery is simply “forcible stealing” (Welch, 2012) Conviction depends on the degree but there must be proof that there was use of larceny, threat of immediate use of force and intention to take away or retain property. It is a minimum of 3 years for class D to a maximum of 25 years for class B (first degree robbery). In extortion (Coercion in New York State), one party forces the other to give up money or property against his will by threat of reputation damage, violence, property damage or any other form of hardship. It involves the perpetrator gaining illegal consent from the victim to obtain his money or property. First class Coercion in New York can land the defendant in prison for 3 -7 years while second degree coercion is punishable by a maximum of 1 year in prison. The fact that robbery involves actual use of force on the victim renders it more harmful, especially so when the force used is brutal.
Robbery and extortion are similar in criminal intent. In both crimes, aim is to deprive the victim of his property or money permanently (Brookman, 2010). Therefore, the victim ends up losing in both offences. The differences arise from consideration of the nature of the criminal act and attendant circumstances. In extortion, the perpetrator takes money or property by threats of future harm to the victim that does not essentially have to be physical. Robbery utilizes imminent force. Unlike in robbery, there is consent from the victim in extortion. That approval is based on fear or intimidation (Wrage, 2007). There is no consent in robbery and the perpetrator gets his way through force. To a certain extent, extortion points to the culpability of the victim. He gives the consent by allowing be manipulation or blackmail. In robbery, the victim has no blame as long as the force used is enough to cause loss of money or property.
The point that the victim may have performed a wrong action does not take away the heinousness or the crimes or robbery of extortion. There are legal channels to follow in the event that there was aggravation of the perpetrator. The degree of the crime should determine the intensity of the crimes. I feel that a punishment of first degree coercion in New York should be at par with first degree robbery since both of them entail actualization of a threat. However, second degree coercion should not be punished the same and first degree robbery but should entail reduced years or fines. The punishment for second degree robbery should be harsher than that of second degree coercion
All states should offer a free attorney. Every person reserves a right of representation in a courthouse. Since not everybody, especially in New York can afford an attorney, the state should provide free attorneys for them.
Brookman, F. (2010). Handbook on Crime. Cullompton: Willan.
Welch, C. (2012). Robbery in New York. Sparkford: Haynes.
Wrage, A. (2007). Bribery and Extortion: Undermining Business, Governments, and Security. Westport: Praeger Security International.