Pre-Test Question 1

Question 1 is based on the following fact situation: 

Dietz and Atkins worked together as pickpockets. Dietz approached Verner from the front to distract him, holding a small camera and asking him to take a picture, while Atkins came up from behind with a knife to slice open Verner’s back pocket of his pants and remove his wallet. Verner was drunk and believed Dietz had a gun and was trying to rob him, but was unaware of Atkins behind him. Verner reached into his back pocket to hand over his wallet and was cut by Atkins’s knife as it was slicing through his pocket. The wallet dropped to the ground as Verner clutched his hand. Atkins picked it up and Dietz and Atkins fled while Verner knelt on the ground in pain. Dietz was apprehended shortly thereafter and charged with robbery. 

Should Dietz be found guilty? 

(A)    Yes, because Atkins obtained the property by means of force.

(B)    Yes, because Verner believed that Dietz would shoot him if he did not give up his wallet.

(C)    No, because neither Dietz nor Atkins intended to use force against Verner to obtain the property.

(D)    No, because Verner’s belief that Dietz was robbing him was unreasonable.

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