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CMY3706 - Chapter 1 to 4 Exam Questions And Accurate Answers
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CMY3706 - Chapter 1 to 4 Exam Questions AndAccurate Answers 2024-2025
Kidnapping is a variegated and shifting phenomenon that is most commonly applied to -
Answer Third World countries with high levels of crime.
>>> Generally speaking, these countries are under-resourced and have ill-trained police
personnel, corrupt public officials, inept intelligence services, a weak judiciary and
have experienced political or social instability and conflict.
Noor-Mohammed, 2014 in Van Heerden, 2017 opines that when career kidnapping for
ransom incidents occurs- Answer definitional issues of various kinds can create
problems for the criminal justice system, in that confusing may arise since kidnapping
incidences can cut across multiple jurisdictions
Under American law, kidnapping is defined as- Answer "the taking of a person against
his/her will, or decision through violence, force, threat or intimidation".
British law defines kidnapping as - Answer "the nature of the offence is an attack on,
and infringement of, the personal liberty of an individual"
British law contains four criteria - Answer • the taking away or carrying away of one
person by another
• by force or by fraud
• without the consent of the person so taken or carried away
• without lawful excuse
According to South African common law, the definitions of kidnapping are: - Response
"it consists in unlawfully and intentionally depriving a person of his or her freedom of
movement and/or, if such a person is a child, the custodians of their control over the
child"
,kidnapping can range from minor to major conduct that can tie in with various other
felonies, such as - Response hijacking or robbery
Kidnapping for ransom The criminal demands money or a particular result, such as debt
collection, propagandist cause, vendetta or sexual exploitation.
Phillips in Van Heerden, 2017, defines kidnapping for ransom as - "Answer the taking
and holding of a person in an unknown location for the intention of seeking some form of
concession, regardless of whether a monetary, political, social (ransom) demand is
sought after"
Aspects that are of importance from the definitions of kidnapping are-Answer the
deprivation of a person's freedom for a certain unknown period until some sort of
compensation is agreed upon between the perpetrators and the victim's family, after
which the kidnapped hostage will be released.
In American law, the definition of extortion is - Answer a crime obtaining money or
property by threat to a victim's property or loved ones, intimidation or false claim of a
right.
In British law, extortion is defined as - Answer the practice of obtaining something,
especially money, through force or threats.
Extortion is defined under South African law as when - Answer a person unlawfully and
intentionally obtains some advantage, which may be of either a patrimonial or a
nonpatrimonial nature, from another by subjecting the latter to pressure which induces
him/her to hand over the advantage.
Patrimonial damage, as described by Mastrosimone in Van Heerden, is a concept
relating to financial loss or "something that can be converted into or expressed in terms
of money or economic value".
, Non-patrimonial damage-Answer when an intentional or negligent act results in
personal injury or "as something that cannot be related to a person's financial estate but
compensation for something like pain and suffering".
Abduction is defined in South African law, as explained by Snyman through Van
Heerden (2017) "a person, male or female, commits abduction if he or she unlawfully
and intentionally removes an unmarried minor, who may likewise be either male or
female, from the control of his or her parents or guardian and without the consent of
such parents or guardian, intending that he or she or somebody else may marry or have
sexual intercourse with the minor.".
Abductions thus focus on a specific group of victims - Answer namely minors
abduction is generally associated with - Answer specific types of kidnapping, namely
bride kidnapping or in crimes where paedophiles are involved.
The modus operandi and motive for kidnapping are to - Answer forcefully remove an
adult or minor, denying them liberty in return for a certain type of ransom.
to obtain the safe release of the abduction victim - Solution particularised intervention
becomes necessary for alleviating the risk to life and bodily harm.
>>>>This type of intervention typically involves the mobilization of professional
negotiators, investigators and tactical resolution agencies.
Finally, no system or database exists or is currently available in SA that can distinguish
between - Solution the different types of kidnappings and can record, with a fair degree
of accuracy, reliable statistics for each kind of kidnapping.
At present, there has not yet been a distinction made between the types of kidnappings;
thus, all cases appear generically in annual crimes statistics within CAS crime code
52205 as "man-stealing" or kidnapping.
It can be doubted for the following reasons: - Answer lack of confidence in the SAPS and
the judicial system in SA is an issue, which leads to under-reporting of cases.
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