Wednesday, September 30, 2009
California Appellate Report blog, in connection with People v. Smith, a case from the California Court of Appeal. Shaun's summary of the case:
Or, more precisely, you can be convicted of robbery even if the owner of the property is in on it. At least if, while you're "robbing" the owner, you "take" the property from employees who don't know that the whole thing's an inside job. Since the employees "possessed" the property (even though it was owned by the owner), you deprived these people of their possessory interest by force, and hence are guilty of robbery.
Shaun isn't so sure about this one. Why isn't assault with a deadly weapon a better measure of the social harm, with maybe a count of insurance fraud thrown in for good measure?