QUESTION 3
Steve and Frank became acquainted at a correctional facility for mentally ill violent
offenders. Steve was an inmate who had to take antipsychotic medication to prevent
paranoia. Frank was employed as a kitchen helper. Once they discovered that they
both wanted to be actors, they hatched a scheme to kidnap a famous actor, Art, upon
Steve’s release from the facility, and to show him their acting skills. They believed that,
once Art saw how talented they were, he would help them get acting jobs. They would
then release him.
When Steve was released, he stopped taking his antipsychotic medication. As a result,
he went in and out of paranoia. On bad days, he developed a belief that Frank had
supernatural powers and that he had to do what Frank said or Frank would kill him.
While Frank knew Steve was mentally ill, he was not aware of the severity of his illness.
Steve and Frank located Art’s house, kidnapped him and took him to a remote location.
During the kidnapping, Steve believed that Art was going with them willingly to assist
them in their acting careers. After they arrived at the location, and while Frank was out,
Steve beat Art and took his wallet. In a panic, Steve stole a car and drove away at a
high rate of speed.
A police officer followed Steve and tried to stop him. Steve, believing the kidnapping,
battery, and robbery had been discovered, attempted to escape by driving greatly in
excess of the speed limit. During the high speed chase, the officer’s car spun out of
control and he died in the accident.
1. What charges, if any, can reasonably be brought against Frank for the beating of Art
and the taking of his wallet? Discuss.
2. What charges, if any, can reasonably be brought against Frank for the death of the
police officer? Discuss.
3. What defenses, if any, can Steve reasonably raise against a charge of kidnapping
Art? Discuss.