Word requirement: 300 words min. (150 words min PART A and 150 words min PART B) PLAGIARISM WILL NOT BE ACCEPTED! Please write mostly in your own words.
There are TWO PARTS to this assignment. Be sure you complete both PART A and PART B. Label each short essay accordingly and submit in one single post.
PART A: State of North Carolina v. Robertson (2000): Larceny or Robbery?
a. Read the court case State of North Carolina v. Willie Herbert Robertson (located in the comments).
b. Review the following North Carolina statutes.
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 (min 150 words);
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?
Why is understanding the distinction between Common Law Robbery and Felonious Larceny important in this case?
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.
PART 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 (located in the comments).
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 (min 150 words);
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?
With our current penal code, theft of a motor vehicle worth less than $1000 is a misdemeanor offense while theft of one worth $1000 or more is a felony offense. Do you think this is fair? Why or why not?
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.
6. Once again, be sure you have completed both PART A and PART B (150 words min each). Label each short essay and place both in the same post/document on the Discussion Board. You do not need to restate the questions.
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