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Question 1
Mark owes Andrew $1,000 in gambling debts that he has been reluctant to pay. Andrew invites mark over to his house to settle the debt. When Mark gets there, they go and sit in Andrew's office to discuss their business. Andrew closes the door to the office but, what he does not realize is that the door is set to lock automatically from the inside when it is closed. The discussion with Mark turns hostile and Mark gets up to leave. However, because the door is locked from the inside, Mark cannot leave. If Andrew is charged with criminal false imprisonment, he will probably be:
Correct
Incorrect!
Correct
Incorrect!
Correct
Incorrect!
Correct In order to be convicted for false imprisonment, the defendant must have either intentionally or knowingly confined the victim. Here, Andrew did not intentionally or knowingly imprison Mark. Therefore, he will be acquitted and D is the correct answer.
Incorrect! In order to be convicted for false imprisonment, the defendant must have either intentionally or knowingly confined the victim. Here, Andrew did not intentionally or knowingly imprison Mark. Therefore, he will be acquitted and D is the correct answer.
Question 2
Tim has spent the last twenty years in prison for murder. On the day he makes parole, the prison guards refuse to let him out of his cell. If the guards are charged with criminal false imprisonment, they will be:
Correct In order for the defendant to be convicted of criminal false imprisonment, the confinement that he inflicts on the plaintiff must be unlawful. This means that the defendant must have had no legal authority for imprisoning the victim. Here, the guards unlawfully imprisoned Tim by keeping him in is cell after he had made parole. Therefore, they can be convicted and A is the correct answer.
Incorrect! In order for the defendant to be convicted of criminal false imprisonment, the confinement that he inflicts on the plaintiff must be unlawful. This means that the defendant must have had no legal authority for imprisoning the victim. Here, the guards unlawfully imprisoned Tim by keeping him in is cell after he had made parole. Therefore, they can be convicted and A is the correct answer.