**KIM WOODS** Prosecuting Argument Paper

Prosecuting Argument Paper

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Institutional Affiliation

Kidnapping: State V. Stu Dent

List the elements of the crime and facts that establish each element.

Kidnapping is defined by Fla. Stat. § 787.01 as forcibly, secretly and by use of threat confining or imprisoning another person against his or her will and without any lawful authority or intent. The purpose with which Stu Dent confined the victim was to inflict bodily harm her, this is part of the intention that is described by the law. The law states that the victim’s state of mind is an important factor to consider before we can determine that one was kidnapped, in this case the victim was tested for drugs and it was proven that she was not under any drug influence at the time. So she was forcibly abducted against her will as the evidence shows there was some sort of struggle with the defendant before she was tied using ropes.

We can see that the defendant had planned on forceful capture and detention of the victim against her will, he had it in his diary that he would buy a rope whose main purpose would be to tight the victim before he could move her five miles from their home. The detention occurred done against her will since she engaged in a form of struggle with the defendant; this is established by the fact that pieces of human skin were found underneath her finger nail. She was not under influence of drugs therefore we can eliminate any belief that she might have willingly accepted the forceful abduction. The defendant if proven guilty of the charge of kidnapping will be guilty of felony of the first degree.

References

Ray, G.(2012). Florida Kidnapping/Abduction Laws, Law Journal, Pg 23

Bernard, T.(2013). Legal Perspective, An American Law Article