1. Explain the complexities of proximate cause.
- The complexity of proximate cause is determined when the question to how the crime was committed arises. According to Schmalleger F & Hall D (p. 74, 2017),” The complexity of causation can be seen in the 2014 case Paroline v. United States. In this case, the Supreme Court had to determine how to measure the harm which was proximately caused by the possession of child pornography. The statute in question required that restitution be paid by individuals convicted of possession of child pornography for harm proximately caused to the child victims of those crimes. The term Legal cause was put in place due to the questionable cause of crime in the 2014 case. The cause of crime can now be distinguished by the problem causes in question but cannot provide the basis as to how the crime occurred because the crime was multifaceted. 2. Explain how the crimes of kidnapping and false imprisonment are often misunderstood. …show more content…
263, 2017),” Kidnapping is generally defined as the unlawful removal of a person from the place where he or she is found, against that person’s will, and by force, fraud, threats, or some other form of intimidation.” In other words, when an individual is forcefully and abruptly taken, not by will and stripped of his or her liberty. As appose to False Imprisonment, which is like Kidnapping, but does not involve the suspect psychically removing the victim from the place they were found. Furthermore, the defendant must have compelled the victim to remain against his or her will or to go where he or she did not want to go. Although the confinement must be accomplished by actual physical restraint, the application of force is not essential (Schmalleger F & Hall D, p.267, 2017). The suspect can use force to restrain the victim into believing if they try to flee they will
- The complexity of proximate cause is determined when the question to how the crime was committed arises. According to Schmalleger F & Hall D (p. 74, 2017),” The complexity of causation can be seen in the 2014 case Paroline v. United States. In this case, the Supreme Court had to determine how to measure the harm which was proximately caused by the possession of child pornography. The statute in question required that restitution be paid by individuals convicted of possession of child pornography for harm proximately caused to the child victims of those crimes. The term Legal cause was put in place due to the questionable cause of crime in the 2014 case. The cause of crime can now be distinguished by the problem causes in question but cannot provide the basis as to how the crime occurred because the crime was multifaceted. 2. Explain how the crimes of kidnapping and false imprisonment are often misunderstood. …show more content…
263, 2017),” Kidnapping is generally defined as the unlawful removal of a person from the place where he or she is found, against that person’s will, and by force, fraud, threats, or some other form of intimidation.” In other words, when an individual is forcefully and abruptly taken, not by will and stripped of his or her liberty. As appose to False Imprisonment, which is like Kidnapping, but does not involve the suspect psychically removing the victim from the place they were found. Furthermore, the defendant must have compelled the victim to remain against his or her will or to go where he or she did not want to go. Although the confinement must be accomplished by actual physical restraint, the application of force is not essential (Schmalleger F & Hall D, p.267, 2017). The suspect can use force to restrain the victim into believing if they try to flee they will