NCTJ Court Reporting Practice Exam

What distinguishes robbery from theft?

1. The use of a vehicle

2. The level of planning involved

3. Theft is always conducted in private

4. The use of force or the threat of force

The correct answer is: The use of force or the threat of force

Robbery is specifically characterized by the use of force or the threat of force to take property from another individual. This element of coercion is what differentiates robbery from theft. In theft, the act of taking someone else's property is typically done without the application or threat of force, making it a property crime that can often occur discreetly. While some may think that planning could differentiate robbery from theft, both crimes can be planned or opportunistic, so planning is not a definitive factor. The idea that theft is always conducted in private also does not hold since there can be instances of theft that are public or occur in the presence of others, despite the absence of force. Lastly, the use of a vehicle is not inherently related to the definitions of robbery or theft; vehicles can be involved in both types of crimes without affecting their legal classifications. Therefore, the critical distinction lies in the element of force or the threat of force, which is central to the legal definition of robbery.