Is the offense of kidnapping redundant to the offense of aggravated kidnapping? In other words, are two distinct sets of behavior covered by the two offenses or does aggravated kidnapping essentially cover all such activities?
What will be an ideal response?
• Both kidnapping and aggravated kidnapping have the same mens rea and actus reus. The only difference in the crimes are the specified circumstances that elevate the conduct to an aggravated offense.
• With the exception of the example of the woman taking the baby from the hospital and claiming him as her own, the aggravated kidnapping statute would seem to cover most circumstances under which an abduction might occur. Thus, it is likely that aggravated kidnapping would be charged far more often than simple kidnapping.
• Perhaps the kidnapping statute is needed simply to cover the rare abduction and miscellaneous motive that does not fit the aggravated kidnapping law. Yet the unlawful restraint statute elevates to the same penalty level as kidnapping if a child is the victim or the potential for injury arises.
• There would appear to be a fair amount of redundancy across the three statutes.
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Evidence that would have been discovered despite an illegal search through other investigative means is admissible under the rule known as ________ discovery
Fill in the blank with correct word.
Why did early children’s courts not protect the constitutional, due process rights of juveniles?
a. Because the children were considered adults. b. Because the children were still under the supervision of their parents. c. Because the defendants were all charged with status offenses. d. Because the defendants were not found guilty.
At the center of the teachings in the houses of refuge was the strong belief that humans are inherently evil and must be taught to be good.
Answer the following statement true (T) or false (F)
Prosecutions of adults are based on criminal law. By contrast, juvenile court proceedings are based on __________ law.
Fill in the blank(s) with the appropriate word(s).