Author Question: Explain why assault and battery should be distinguished from each other. What will be an ideal ... (Read 65 times)

sc00by25 · **on:** Aug 17, 2018

Explain why assault and battery should be distinguished from each other.

What will be an ideal response?

Question 2

Compare and contrast the elements of kidnapping and false imprisonment.

What will be an ideal response?

Anton · **Reply #1 on:** Aug 17, 2018

Answer to Question 1

Answer: The following must be in the answer:
a. Although the terms assault and battery are often used together or interchangeably, they should be distinguished for purposes of the criminal law. An assault is an attempted or threatened battery. A battery is a consummated assault.

Answer to Question 2

Answer: The following must be in the answer:
a. Kidnapping
i. Criminal category of a felony
ii. There victim is physically restrained
iii. There is substantial movement of the victim
iv. Force is usually used against the victim
b. False imprisonment
i. Criminal category of a misdemeanor
ii. The victim is physically restrained
iii. No substantial movement of the victim
iv. Force is rarely used against the victim