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Legal Definitions - putting in fear

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Definition of putting in fear

Putting in fear refers to the act of threatening another person with physical harm or violence, specifically to coerce them into surrendering their property. This element is crucial in establishing the crime of robbery, as it demonstrates that the property was taken not by consent, but through intimidation and duress.

Here are some examples illustrating this concept:

  • Example 1: Street Robbery
    A pedestrian walking down a dimly lit street is suddenly confronted by an individual who raises a fist and demands their watch and wallet. The pedestrian, fearing immediate physical assault, hands over their possessions.

    Explanation: The act of raising a fist and demanding property creates a reasonable apprehension of violence in the victim, compelling them to surrender their belongings. This direct threat of physical harm to obtain property constitutes "putting in fear."

  • Example 2: Convenience Store Robbery
    During a late-night convenience store robbery, an assailant places a hand inside their jacket, implying they have a weapon, and tells the cashier, "Don't make a sound, just empty the till." The cashier, believing the assailant is armed and fearing for their life, complies.

    Explanation: The assailant's gesture and verbal command, even without an explicit display of a weapon, are intended to create a credible threat of violence. The cashier's belief that they are in danger and their subsequent compliance demonstrate that they were "put in fear" to facilitate the theft of money.

  • Example 3: Home Invasion
    Intruders break into a residence and verbally threaten the occupants, stating they will harm their family members if they do not reveal the location of valuable items. The terrified occupants then point out where their jewelry and cash are kept.

    Explanation: The explicit verbal threats of harm directed at the family, combined with the unlawful entry, are designed to instill intense fear in the homeowners. This coercion through threatened violence, forcing them to disclose or surrender their possessions, clearly illustrates "putting in fear."

Simple Definition

"Putting in fear" describes the act of threatening another person with violence. This threat is specifically made to compel that person to hand over property and is a fundamental element in the common-law definition of robbery.

Injustice anywhere is a threat to justice everywhere.

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