Kidnapping is a crime that involves the illegal seizing and carrying away of an individual by force or trickery, as well as the unauthorized detention and imprisonment of a person against their consent. Thus, in my opinion, a felony of attempt should be punished in the same way as the underlying substantive offence. In the preceding case, for example, one may contend that if Jerry is charged with the real criminal of bank robbery, he must have planned to execute the felony (Roberson & O’Reilley, 2020). Another example is that if a defendant is unable to carry out a murder, the crime is reduced to attempted murder. Even though the suspect did not obligate to the offense, he had the objective to do so, and hence the punishment ought to be the same. Regardless, other elements might have a role in the decision. Nevertheless, below is how I feel the above case should be handled. To begin with, abduction is classified as a second (legal wrongdoing) or a first-degree crime under criminal procedure. The third level of hijacking is a permissible offense classified as a class B felony.
Surprisingly, kidnapping is equivalent to grabbing to the following extent. Abduction in the first degree is also a class A-I legal violation (Roberson & O’Reilley, 2020). People are guilty of this offence if they expect an outsider to pay or transfer money or property as a payment or persuade them to stop pursuing a distinct possibility. Capturing may be a problematic criminal concept, especially given the distinctions involving snatching and illegal imprisonment. The differences between snatching, unlawful detention, as well as hijacking must be well understood.
Relating to the above discussion, Jerry blackmailed the cashier into assisting him in a bank robbery. Thus, he should not be prosecuted with abduction because he afterwards freed the teller. Nevertheless, he should be charged with attempted kidnapping to hold the bank employee captive and use him as a bargaining chip to depart. I believe that the robber’s aim to keep the teller prisoner is a crucial component because he had to flee when the police thwarted his scheme (Roberson & O’Reilley, 2020). Therefore, holding the clerk should not be regarded as abduction because the prisoner was not moved from one location to another.
For the crime of kidnapping to occur, the victim must have been transferred while being detained in grossly illegal custody. Thus, based on that fact, Jerry should not be convicted of the crime since he did not have transportation. Moreover, denying one’s freedom is the most significant aspect of abduction. While Jerry was able to depart the scene immediately, he compelled the cashier to follow him into the bank parking lot. When he gets to the intended area, though, he frees the hostage. As a result, Jerry does not intend to deprive the bank employee of their freedom since he later frees the individual based on the given facts.
In summary, the use of force towards the bank teller cannot be one of a separate crime from what is intended by the accused in the first place. Jerry wants to rob the bank, and thus, the crime is robbery. Any wrongdoing that arises from and within this intended offense will be absorbed into the crime itself. It is worth mentioning that robbery is a criminal offense under common law since threats or force are used to take things from another person illegally. As a result, the use of aggression against the bank clerk is an intrinsic aspect of the robbery that cannot be isolated from it.