ROBBERY INVESTIGATION
Robbery investigations employ all the elements involved in criminal investigation -- crime
scene processing, interviewing people (victims and witnesses), method analysis (modus operandi), and records checks.
90% of robberies are committed by black males, 82% of robberies are committed by strangers to the victim, and 50% of robberies
are committed by teams of offenders. Victims are almost always surprised by the fact they were robbed, and because the
incident takes place so quickly, the victim is likely to make things up that never happened, so be careful of any victim statements.
Victims almost always misestimate things like age, height, and weight. Be careful about information buried in the victim's
subconscious. Try to get the victim's description of the getaway vehicle, as weapons focus will force the victim to
forget this. Consider using computerized identification kits or computer imaging programs that do the forensic art for
you. Remember to interview all victims and witnesses separately.
As with burglary, there's usually a "discard area" in the exit zone for robbery (Weston
& Lushbaugh 2003). If a wallet or purse was stolen, for example, the robber will take out the contents while in
flight, and discard the empty wallet or purse along the way. A check of garbage cans, wastebaskets, and dumpsters in
the nearby area will usually reveal such evidence. Robbers also typically never go home right after a robbery.
They have usually set up an alibi refuge like a tavern or theater which they say they been in all the time.
Having an "interview plan" is extremely important, both in discovering the modus operandi
and in satisfying the legal requirements for robbery. Try to get the victim to focus on remembering any specific words spoken
by the perpetrator. Also get the victim to describe any gestures or movements, and most definitely the type of weapon used.
Police typically conduct a neighborhood canvass to find possible witnesses. Knowledge of the culture of a particular
neighborhood is extremely important, and police departments should always have informants in place in high-risk neighborhoods.
The use of modus operandi files are very important. Interviews are generally arranged with people who have been previously
arrested for robbery, suspected of fitting the pattern, or in the case of addict-robbers, people who might have needed money
for drugs. There have been some advances in recent years identifying signature characteristics of robbers based on style
and the degree of hostility expressed during the crime.
Many police departments operate a Repeat Offender Program that uses specialized detectives
to focus on robberies. The idea is to catch chronic, high velocity offenders. Police also sometimes employ blended
operations, decoy operations, and stakeouts (Dempsey 2003). In a blended operation, officers dress in civilian clothes
to blend into an area or in unmarked police cars to catch robbers in the act. In a decoy operation, officers dress as
potential victims, waiting to be the subject of a crime. In a stakeout, a group of heavily armed officers hide inside
an area of a store or building, waiting for an impending robbery. Commercial robbery is usually thwarted by camera surveillance
(CCTV), such as the kind you find in banks, casinos, hotels, and Wal-Marts.
One of the worst problems you'll encounter with robbery investigation is lack of victim
cooperation. The law requires that robbery victims testify at trial, and for whatever reason (lack of interest in pursuing
the case, fear of retaliation, etc.), victims often don't seem willing to go the distance.
Here are the legal elements to establish the crime of robbery:
1. Taking -- The general rule is that victim and offender must confront
one another. You must establish that a confrontation took place between victim and offender by words, notes, or gestures exchanged.
2. Carrying away -- The offender must gain immediate possession of
something and retain it in such a way as to make it immediately impossible for the rightful owner to regain possession. Only
a slight movement or gesture is necessary to fulfill this requirement, and you should easily be able to establish that victims
relinquished their property because they honestly and reasonably feared the robbers' threats.
3. Property of others -- Actual ownership of the property by the
victim does not matter; mere possession is sufficient.
4. From their person or in their presence -- The general rule is
that the stolen property must be on the victim's person or in the immediate vicinity.
5. By immediate or threatened force -- This is the key element in
robbery. There must be forceful intimidation (force or threat of force to inflict harm to the person, property, or rights
of another). The threat can be to the victim, the victim's family, the victim's dwelling, or another person present. If there
is no force or threat of force, the crime is larceny, not robbery. If there is a struggle, the force must be sufficient to
overcome the victim's resistance; otherwise, the crime is attempted robbery. Some states don't require force at the time of
taking, only at the time of escape.
6. With the intent to permanently deprive -- Robbery
intent may be proven by direct or circumstantial evidence. Eyewitness testimony by itself is not usually sufficient. You need
to know the thief's subsequent actions, the "reward" or gain they intend to profit by from the sale or receiving of stolen
property. If it turns out the thief truly believes the property is theirs, this is called the claim of right, a common
defense
Most states have divided robbery into degrees:
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1st degree robbery -- also called strong-arm
robbery or mugging. This requires the presence of a deadly weapon (play weapon suffices), serious injury, or the intent to
create serious injury. A variant, called Home Invasion Robbery, occurs when the robber follows the victim home, knocks on
the door to gain entry, or lies in wait after a break-in.
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2nd degree robbery -- this requires the presence
of an accomplice or accomplices, any display of weapon, any injury or threat of injury.
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3rd degree robbery -- also called simple robbery,
unarmed robbery, or forcible stealing. This simply requires use or threat of force.