...Kassim Noor Mohamed Received: 27 July 2007 / Accepted: 5 November 2007 / Published online: 15 December 2007 # Springer Science + Business Media B.V. 2007 Abstract Kidnapping for ransom is not a new phenomenon. According to the Control Risk Group, an international risk consultancy, kidnappings of foreign nationals globally have increased by 275% over the past 10 years. High profile incidents such as the tourist kidnappings in 2000 by the Abu Sayyaf group, operating out of the troubled southern region of the Philippines, show that South East Asia has its own regionalised kidnapping hotspots. It is suspected that a high proportion of kidnappings are perpetrated by economically motivated crime groups but it is not possible to estimate with any degree of accuracy what percentage can be attributed to organised crime. This article will provide an overview of the problem, drawing upon existing literature available in the public domain. A typological discussion will show the critical differences between the various categories of kidnapping. The reliability of existing statistics, categorisation and recording of kidnapping for ransom will also be scrutinised, in particular for their variability across the region, to see whether this presents a barrier to a better understanding of the size and seriousness of the problem. As kidnapping for ransom incidents are becoming increasingly transnational in character, the final section will highlight the desirability of formulating and agreeing upon regional...
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...(BLACK’S LAW DICTIONARY) the crime of kidnapping is labeled as abduction when the victim is a woman. In the modern usage kidnapping or abduction of a child is often called child stealing particularly when done not to collect a ransom, but to a child permanently (often in case where parents are divorced or legally separated, where upon the parent does not have a legal custody; will commit the act; then also known as ‘child napping’). The word ‘kidnapping’ was originally “kid-nabbing” in other words slang used for child stealing but it is no longer restricted to the case of a child victim.[1] Cases: 1. Lodged In Arthur Road Prison vs. Sewree Police Station on 8 September, 2008. 2. Amar Mishra vs. State Of Delhi on 23 September, 2011 Section 359 Kidnapping □ Under federal and state law, kidnapping is commonly defined as the taking of a person from one place to another against his will or her will, or the confining of a person to a controlled space. Some kidnapping laws require extortion or the facilitation of a crime. A parent without legal custody rights may be charged with kidnapping for taking his or her own child, in certain circumstances. In Badlu Shah vs. Emperor[2] it was held that Kidnapping and abduction do not include the offence of wrongful confinement or keeping, in confinement, a kidnapped person[3]. The words ‘kidnapping’ and ‘abduction’ do not include the offence...
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...permissible if and only if, in preforming that action, the agent satisfies the Categorical Imperative. The Categorical Imperative include two different versions, one being the “Universal Law” version. This claims that an act token is morally permissible if and only if, in performing it, the agent acts on a maxim that he can at the same time, will to be a universal law. The second version is the “Mere Means/ Respect for human persons.” This states an act token is morally permissible if and only if, in performing that act, the agent does not treat anyone, even himself, merely as a means, but instead treats people as an end in themselves. Part II: These ethical theories played a role in analyzing the decision making of characters, Patrick (Casey Affleck), and Captain Jack Doyle (Morgan Freeman) in the film Gone, Baby Gone. The case of Amanda McCready grew complicated as Patrick discovered that Captain Jack Doyle had kidnapped her, with the help of the uncle, because they felt that Amanda's mother was neglecting her child. It was here that Patrick had to decide whether to let Amanda live this alter life with Captain Jack Doyle, where she would have sleepovers, play dates and grow up in a traditional american home, or to report his findings to the authorities. Ultimately, Patrick reported the kidnapping and Amanda was returned home to live a neglected life under the care of her mother and Captain Jack Doyle was...
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...CJ230: Criminal Law for Criminal Justice 06/29/13 The Case I chose for my scenario is the Elizabeth Smart case from Salt Lake City, Idaho. Elizabeth Smart was abducted from her home around 1 a.m. on June 5, 2002, a man with a knife entered the bedroom of 14-year-old Elizabeth Smart and her nine-year-old sister Mary Katherine and forced Elizabeth to leave the house and walk into the woods four miles behind her Salt Lake City home to a secluded campsite. Nine months later, Elizabeth Smart was found in nearby Sandy, Utah after spending months at the campsite, traveling to California, and returning to Utah with her captors. Brain David Mitchell and his wife, Wanda Barzee, were charged with aggravated kidnapping, aggravated sexual assault, and aggravated burglary. The giving rise to the criminal prosecution in Elizabeth Smart case was that she testified step by step what she went through, in nine month of hell, she was taking across Stateline to California and all of the evidence that was collected while police investigation was going on, like the link of cable, the knife, the wig that was purchased to disguise Elizabeth Smart, sunglasses, etc. The legal definition of "kidnapping" under federal law is when someone unlawfully and willfully seizes, kidnaps, or abducts another person over state lines. Carrying someone away and holding him/her for ransom also qualifies as kidnapping. If the kidnapping never crosses state lines or affects interstate commerce, then it's not a federal...
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...ultimate conclusion, he should be punished to the full extent of the law without prejudice. In the case of Stu Dents v. The State of Texas we find the defendant guilty of kidnapping, and assault on a police officer in first degree. We find the defendant guilty of first degree kidnapping under the Texas penal code s.1232 with the imprisonment of a life sentence following the other criminal acts that occurred subsequently to this incident (Texas Kidnapping/Abduction Laws, 2010-2014). In the state of Texas, assaulting an officer is considered aggravated assault. This is a first degree offense in the state of Texas, and we sentence the defendant to an additional five years in prison (Assault & Battery Laws, n.d). The defendant, “intentionally commit[ed] the murder in the course of committing or attempting to commit kidnapping, burglary, robbery, aggravated sexual assault…” (Texas Criminal Homicide Law (1994) Therefore, we charge him with capital murder which has a sentence of the death penalty. As there is no total of weight for the drugs, we suggest the minimum punishment for possession of drugs which is, “Confinement in jail for a term of not more than 180 days, a fine not to exceed $2,000 or both” (SMU. (n.d)). This case, aside from the mental health aspect, is a very easy one to conclude. Mr. Dents is not an offender who committed a crime, he committed multiple crimes. It is this blatant disregard for the laws that govern our society that have lead us to this conclusion. He...
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...The statue I choose for my research project is 720 ILCS 5/10-2 Aggravated Kidnapping. Aggravated Kidnapping is when there is a ransom involved, a weapon is involved, or the victim is under 13. This is a Class X felony under Illinois Law. Depending on the offence, aggravated kidnapping has a minimum of 6 years and can go up 30 years. In People v. Cole 172 Ill. 2d 85 (1996), Cole was sentence to death for his crimes. He was charged with two first degree murders, two home invasions, and one aggravated kidnapping. He murdered his ex-girlfriend’s mother, and the told her along with her 15-year-old brother to “go for a ride” with him while at gun point. Later shooting Shane. Later Cole stated that when the mother was shot, it was an accident, and that the sister, Stacey, had shot and killed her own brother. The Supreme court affirmed the decision for aggravated kidnapping according to Cole forcing Shane to get into the car against his will with a gun pointed at him. Aside from being sentence to death Cole received 30 years for the charge of aggravated kidnapping....
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...University of Phoenix Material Week Three Worksheet Match the items in the Case Summary column to the Options in the right column by entering the correct corresponding alphabetical letter next to the numbers in the first column. Not all options will be used. | | |Case Summary | |Options | | | | | | | | |D |Shaun is driving home at night from work on a six-lane road, |Murder | | | |under the speed limit. There are no streetlights. A man is |Voluntary manslaughter | | | |crossing the middle of the street, and Shaun does not see him. |Involuntary manslaughter | | | |Shaun hits the man and kills him. |Justifiable homicide | | | | |Excusable homicide | | | | |Statutory rape | | | | |Malice aforethought | | | | ...
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...arguments in to consideration and pass down a judgment on the sentence the defendant will face. The defendant is charged with Homicide, kidnapping, burglary, assault of a police officer, and possession of drugs. The facts that lead to homicide are Uma Opee was stabbed 13 times and the skin particles under the victim’s nails matched the DNA to Stu Dents. The facts leading to the assault on a police officer comes when he punched Officer T. Chur in the face and yelled "Alien". Kidnapping comes from the fact that Mr. Dents used rope to tie the victim and he stuffed her mouth with cloth. Burglary charges are result of Mr. Dents entering the victim’s apartment without permission to be there and having the intent to commit a crime within that residence. Mr. Dents is also charged with possession of drugs because in his house was drugs that were found, the same drug ecstasy with the "thumbs-up" imprint found at the victim's apartment. In the State v. Stu Dent case the charge of Homicide carries the most weight of any of the charges. Mr. Dents is charged with Murder due the fact that the victim was stabbed 13 times and evidence supported the fact that Mr. Dent was guilty of such crime. Mr. Dent showed no regard for human life in his horrendous act of killing another person. The sentence that Mr. Dent should receive should be the maximum allowed by law. The main evidence is placing the victim in the same area as the defendant. The Ring found in the defendants home, which with the victim...
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...Lindbergh Kidnapping It was considered the “Crime of the Century” that is still captivating people. What truly happened on the night of March 1, 1932 in Hopewell, New Jersey is still being talked about decades later. Even though one man was tried and convicted for this crime, there are still many conspiracy theories that surround this case. Was it an inside job that had been carefully planned? Was it the result of skillful fabrication done by investigators and police to wrongfully accuse one man? Or was the verdict correct and it was all done by one man alone? The question still remains, who kidnapped the Lindbergh baby? Due to the considerable evidence against Bruno Hauptmann, it is believed that Mr. Hauptmann was the one to kidnap...
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...How To Avoid Kidnapping ? You are in danger at any place and at any time. Thus, it is necessary to exercise safety everywhere you go and even at your home. | Here are some of the ways in which you can exercise safety and can avoid being kidnapped: Tips on How To Avoid Kidnapping ?: * Take different routes at different times from home to work and vice-versa. Make sure that all the members of your family practice this, especially children. Make changes in your routine in such a way that you go unnoticed by the perpetrator. * Avoid wearing expensive accessories (jewelry) that would reflect your wealth and identify you as a person from a rich family or an employee of a wealthy company. * Avoid traveling alone, safety comes with numbers. If you use public transportation, be extremely careful. Drive in cabs of reliable companies. Note down the license plate number of the taxi. If you use a private car, make sure that your car is in a good condition and the fuel tank is at least half full. Chauffer driven car is the best option. * If you experience an erratic behavior from a stranger, seek to a safer place, an environment that is crowded like a store or a bank that is around. * Do not open doors until you know who is on the other side. It is advisable to exercise more safety if you are alone at the house. * Keep all your personal items safe and secure. Take special care about your money, travel documents, passports, identity cards and laptops. Keep...
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...Kidnapping for ransom is a common occurrence in various parts of the world today, and certain cities and countries are often described as the "Kidnapping Capital of the World." As of 2007, that title belongs to Iraq with possibly 1,500 foreigners kidnapped.[22][23] In 2004, it was Mexico,[24] and in 2001, it was Colombia.[25] Statistics are harder to come by. Reports suggest a world total of 12,500-25,500/year with 3,600/year in Colombia and 3,000/year in Mexico around the year 2000.[26] However by 2006, the number of kidnappings in Colombia had declined to 687 and it continues to decline.[27] Mexican numbers are hard to confirm because of fears of police involvement in kidnapping.[28] "Kidnapping seems to flourish particularly in fragile states and conflict countries, as politically motivated militias, organized crime and the drugs mafia fill the vacuum left by government."[21] In 2009, the Los Angeles Times named Phoenix, Arizona[29] as America's kidnapping capital, reporting that every year hundreds of ransom kidnappings occur there, virtually all within the underworld associated with human and drug smuggling from Mexico, and often done as a way of collecting unpaid debts. Other major U.S. cities that are hotbeds for kidnappings are Detroit, Atlanta, New Orleans, Houston, and Chicago.[29] Many of them are done by major street gangs near tourist attractions. During the year 1999 in the United States, 203,900 children were reported as the victims of family abductions and 58...
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...FINAL EXAM Course Name: ________________CRIMINAL LAW CLJ2100________________ School Name: _____________PALM BEACH STATE COLLEGE___________________ Any words, works, or statement are solely my own, And I shall not cheat, take another words, plagiarize or commit any violations of this course, this Professor’s rules, or the University’s Policies, Otherwise seek the consequences of a failure and possible suspension or expulsion. 1 Explain the Eighth Amendment (Cruel and Unusual Punishment Clause). The Cruel and Unusual Punishment Clause can be found in the English Bill of Rights in 1689 and later adopted by the Eighth Amendment to the United States Constitution in 1787. The phrase describes “punishment which is considered unacceptable due to the suffering, pain or humiliation it inflicts on the condemned person”. This amendment also includes the text that “excessive bail shall not be required, nor excessive fines imposed...”. It is thought that defendants who are not bailed have a more difficult time preparing for their defense. And by being “imprisoned” they are therefore being “punished” for the duration. That is why that questions of bail are always to be taken seriously by the courts. However, the Cruel and Unusual Punishment Clause did not make our Founding Fathers necessarily opponents against the Death Penalty. The Crimes Act of 1790 mandated the death penalty for treason, and also the mutilation of the corpse. There is no doubt, our modern courts...
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...better understanding of these crimes as well as the effect these crimes may have on the community in a negative manner. Not only do these crimes effect society these crimes put a major strain on the criminal justice system as well as the professionals within this system. Kidnapping is the act of removing an individual(s) through intimidation, threat(s) fraud or force from the place for which he or she is found. Kidnapping invades one`s privacy as well as disrupts his or her freedom. Kidnapping also considered a form of aggravated false imprisonment because of the moving and hiding an individual(s). Early common law says that abduction by force and transporting of individual(s) out of his or her country created an act of kidnapping. In today`s judicial system kidnapping cases look more upon the degree of movement in regard to the distance that the abductor(s) forcefully moved an individual(s) Movement must involve substantial amount of distance. For example, forcing an individual out of one`s way or even moving an individual across the street is not looked upon as kidnapping in the criminal justice system (Schmalleger, 2010). False imprisonment also known as fake arrest is very similar to kidnapping except that false imprisonment lacks the moving or the taking away of the individual(s) to another location by the abductor(s). False imprisonment is basically restraining, abducting, and forcing another by way of threat against his or her will without lawful authority. Even though...
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...Week 3 Team Assignment Rashad Murray, Shannon Oregero, Barbara Mckinney, Scott Huepenbecker CJA/354 August 17, 2014 Ann Perry In the case presented before you we are the prosecuting team and are pursuing charges on behalf of the state of South Carolina for the following offenses: Homicide, Kidnapping, Assault on law enforcement, Burglary, possession of controlled substance. We the prosecuting team feels strongly about these charges based on all of the evidence in which was collected from the victim’s residence as well as the defendant’s residence. We will provide you with the information from a variety of different states to show the variance of charges that can be brought upon an offender. There are four states represented here whereby are found, South Carolina, Minnesota, Texas, and Maine. Each state provides a different perspective, but the most effective in our opinion is South Carolina. Laws for each Charge Homicide Homicide is considered, “The killing of one human being by the act, procurement, or omission of another human being” (Schmalleger, Hall, & Dolatowski, 2010, pg. 192). The victim was last seen at 5:10pm when leaving work. She was found at 7:45 the following morning with 13 stab wounds causing her death at about 11:45 on October 18th. DNA of the suspect was found under her fingernails, indicating that she struggled with Mr. Dents. Mr. Dents was seen by two witnesses going into her apartment before she arrived home, with traces of the victims’ blood...
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...Image having someone close taken away, imagine how much pain and anguish one would feel. Well, this is how the Lindbergh’s felt when their son was snatched from their arms. The Lindbergh baby kidnapping resulted in the passage of the Lindbergh kidnapping law and the prohibition of courtroom photography. No one knew hat the night of March 1, 1932 was going to be the worst night for the Lindbergh’s on that evening Anne and the Nursemaid, Betty, put baby Charles to sleep. A while later Charles Lindbergh arrived at the house and ate dinner with Ann, after having dinner he went to his study while Anne got ready for bed; meanwhile Betty went to check on the baby, and she walked into the room, she didn’t hear anything, so she ventured closer to the crib, and when she got close enough to see, she realized the baby was gone. She raced to the study to see if the baby was with his father, but when she saw that he wasn’t their, she went to see if he was with his mother, but he wasn’t with her either. Charles Lindbergh couldn’t believe what was going he first said “Anne they have stolen our baby”(Beverly 15). After searching he found a ransom note but he did not touch it in case of finger prints, and then immediately he called the police saying “[T]his is Charles Lindbergh, my son has just been kidnapped” (Greg n.p.). In minutes the police arrived and Lindbergh told them everything, they took the note and immediately checked for prints, then they gave it to Charles to open. The note stated...
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