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  1. The crime of kidnapping

    QUESTION

    While attempting to rob a federally insured bank, Jerry is interrupted by the arrival of the police. To escape, he forces the bank teller to accompany him into the bank parking lot. When he arrives in the parking lot, he frees the bank teller. Has he committed the crime of kidnapping? Explain your response.

 

Subject Law and governance Pages 2 Style APA

Answer

The Crime of Kidnapping

Involuntary detention of the person is a critical component of kidnapping. When an unauthorized person physically transports an individual without their consent to use the abduction concerning some criminal intention, the kidnapping crime has transpired. There are various levels of kidnapping, first-degree kidnapping, and second-degree kidnapping, and are categorized differently from one state to another. If the individual was injured, then the kidnap was first-degree kidnapping, and if the kidnapper did not harm the individual, it becomes a second-degree kidnapping. Jerry should be charged with kidnapping because he forcefully took the bank teller to the bank parking lot; however, the kidnapping law varies from one jurisdiction to another. The victim did not consent to accompany Jerry to the bank parking lot. Jerry was already engaging in a crime as he was stealing from a federally insured bank. Upon noticing the presence of the police, he forcefully took the bank teller to accompany him to the parking lot to escape from the police. He transported the bank teller by force without legal permission, and the lack of the victim’s consent is a critical element of kidnapping.

Jerry also interfered with the bank teller’s liberty. He isolated the bank teller from the normal protections of the society; thus, the restraint component is seen that interferes with the liberty of the bank teller. Jerry forces the teller to the bank parking lot where he is unsafe and away from protection by the police, thus justifying Jerry committed the crime of kidnapping.

In summary, Jerry should be charged with kidnapping because he forcefully took the bank teller to the bank parking lot; however, the kidnapping law varies from one jurisdiction to another. Jerry interfered with the bank teller’s liberty, which presents the restraint element, and forcefully takes the bank teller to the parking lot to escape the police without his consent.

 

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