Purchase a course multi-pack for yourself or a friend and save up to 50%!
5-COURSE MULTI-PACK $180
10-COURSE MULTI-PACK $300
Accelerated 1-year bachelor's program
Question 1
Mark owes Andrew $1,000 in gambling debts that he has been reluctant to pay the debt. 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 kidnapping, he will probably be:
Correct
Incorrect!
Correct
Incorrect!
Correct
Incorrect!
Correct Kidnapping is usually defined to include the forcible moving of a person from one place to another. Several courts hold that any movement is enough for a conviction. Other courts however require that the movement be substantial, arguing that only slight movements do not represent the socially reprehensible act that is required to warrant a kidnapping conviction. In this case, Andrew did not move Mark at all. Therefore, he cannot be convicted of kidnapping and D is the correct answer.
Incorrect! Kidnapping is usually defined to include the forcible moving of a person from one place to another. Several courts hold that any movement is enough for a conviction. Other courts however require that the movement be substantial, arguing that only slight movements do not represent the socially reprehensible act that is required to warrant a kidnapping conviction. In this case, Andrew did not move Mark at all. Therefore, he cannot be convicted of kidnapping and D is the correct answer.
Question 2
The state legislature has just passed a statute defining kidnapping as "the forcible abduction and hiding of another human being for the purposes of collecting a ransom". Michael and Elise have just finished a difficult custody fight over their children, Alex, Malorie, Jennifer and Andy. The judge has awarded Elise sole custody of the children. Michael feels that he should have custody of at least the boys so, one night, he takes Alex and Andy from their bedrooms and drives them to a secret location where they can live without being discovered by their mother. If Michael is caught and charged with kidnapping, he will probably be:
Correct
Incorrect!
Correct Where the definition of kidnapping includes abduction for some specific purpose, the mens rea that the prosecution must prove in order to win a conviction must include that specific purpose. In this case, the statute defines kidnapping as requiring the intent of demanding a ransom. Since Michael did not kidnap Alex and Andy for the purposes of demanding a ransom, he did not have the requisite mens rea. Therefore, he cannot be convicted and B is the correct answer.
Incorrect! Where the definition of kidnapping includes abduction for some specific purpose, the mens rea that the prosecution must prove in order to win a conviction must include that specific purpose. In this case, the statute defines kidnapping as requiring the intent of demanding a ransom. Since Michael did not kidnap Alex and Andy for the purposes of demanding a ransom, he did not have the requisite mens rea. Therefore, he cannot be convicted and B is the correct answer.