State of North Carolina v. Robertson (2000): Larceny or Robbery?
OPTION A: State of North Carolina v. Robertson (2000): Larceny or Robbery?
a. Read the court case State of North Carolina v. Willie Herbert Robertson, 531 S.E. 2d 490 (2000). (This link opens in a separate browser window)
b. Review the following North Carolina statutes in the Instructor Powerpoint and in the NCGS:
• Common Law Robbery (NCGS 14-87), Assault with a Deadly Weapon with Intent to Kill Inflicting Serious Injury (NCGS 14-32(b)), Felonious Larceny (from the person) (NCGS 14-72(b)(1)).
c. Answer the following questions in one essay containing 150+ words (content):
• What crimes was Robertson initially charged with and why?
• Based on the facts of the case, do you feel that the court ruled correctly in not allowing an imperfect defense of Voluntary Intoxication for either of the two original charges? Why or why not?
• Based on what you have read, do you feel that the level of force was enough to qualify for the charge of Common Law Robbery? Or did the court rule correctly in choosing the lesser charge on appeal? Explain your reasoning based on the elements for these crimes.
• What would have had to occur in this scenario in order for you to change your mind and choose the other charge? Explain.
OPTION B: Larceny of a Motor Vehicle in North Carolina.
a. Read the UNC School of Government blog post North Carolina Criminal Law: Larceny of a Motor Vehicle. (This link opens in a separate browser window)
b. Review the North Carolina statute on Larceny (NCGS 14-72) and any other relevant statute discussed in the post.
c. Answer the following questions in one essay containing 300+ words (content):
• In your opinion, should there be a specific statute for Motor Vehicle Theft in North Carolina? Why or why not?
• If such a statute was created, what would it look like? In other words, what elements would, or should be included in such a statute?
• Should the penalties be different for motor vehicles than for other types of stolen merchandise or items? Explain.
• Do you feel that North Carolina should have a specific statute for carjacking? Or should this crime be charged as it is currently under the Armed Robbery or Common Law Robbery statutes? Discuss your answer.
Sample Solution
State of North Carolina v. Robertson (2000): Defendant was tried at the 19 January 1999 session of Mecklenburg County Superior Court on one count of assault with a deadly weapon with intent to kill inflicting serious injury, in violation of N.C. Gen. Stat. 14-32(a), and one count of common law robbery. At trial, the State`s evidence tended to show that defendant and the victim, Ms. Dover, had in the past been involved in a relationship. The evidence at trial also tended to show that defendant had been drinking heavily prior to this incident, and the issue of defendant`s capacity to form an intent due to intoxication was submitted to the jury. The jury returned a verdict of guilty as to both the assault and robbery charges.
