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- Title
SHOULD THE FORCIBLE RECOVERY OF GAMBLING LOSSES CONSTITUTE ROBBERY?
- Authors
Joseph, Howard
- Abstract
The article discusses on whether the forcible recovery of gambling losses constitute robbery. It was mentioned that one of the most prominent of the weaknesses in robbery prosecutions is demonstrated when a loser at gambling retakes his losses in forcible manner. Generally, courts do not view the case as an act of robbery and have avoided conviction giving emphasis on the basic requirement of robbery, the presence of specific intent to steal. This requirement has been applied to justify the aimed result in every case. Courts take the concept that the loser at gambling does not lose title to his money, provided if he merely retakes his own money and has no intention to steal it. Three cases related to intent are also discussed.
- Subjects
ROBBERY; GAMBLING; TRIALS (Robbery); CRIMINAL intent; CRIMINAL procedure; COURTS; ACTIONS &; defenses (Law); CRIMINAL law; CRIMINAL justice system
- Publication
Journal of Criminal Law & Criminology (08852731), 1950, Vol 41, Issue 4, p467
- ISSN
0885-2731
- Publication type
Article
- DOI
10.2307/1137972