Cmy3706 chapter1-4 with
questions and verified
answers[actual exam100%]
Kidnapping is a diverse and evolving phenomenon that is
especially prevalent in - ANS✔✔---Third World countries
with high levels of crime.
>>> These countries are generally poorly resourced and
have inadequately trained police personnel, corrupt public
officials, ineffective intelligence services, a weak judiciary
and a history of political or social instability and conflict
Noor-Mohammed (2014 in Van Heerden, 2017) is of the
opinion that when career kidnapping for ransom incidents
occurs - ANS✔✔---various definitional issues can cause
challenges for the criminal justice system, resulting in
,confusion, since kidnapping incidences can span multiple
jurisdictions
In American law, kidnapping is defined as - ANS✔✔---"the
taking of a person against his/her will, or decision through
violence, force, threat or intimidation".
British law defines kidnapping as - ANS✔✔---"the nature of
the offence is an attack on, and infringement of, the
personal liberty of an individual"
British law contains four criteria - ANS✔✔---•
• without the consent of the person so taken or carried the
taking away or carrying away of one person by another
• by force or by fraud
away
• without lawful excuse
South African common law defines kidnapping as follows: -
ANS✔✔---"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 include a broad range of actions that can be
associated with other criminal acts, such as - ANS✔✔---
hijacking or robbery
Kidnapping for ransom is associated with instances where -
ANS✔✔---the offender seeks money or a specific action as
an outcome, such as debt recovery, propaganda, revenge or
sexual purposes
,Phillips (in Van Heerden, 2017) defines kidnapping for
ransom as - ANS✔✔---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 - ANS✔✔---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.
American law defines extortion as - ANS✔✔---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 - ANS✔✔---the
practice of obtaining something, especially money, through
force or threats.
South African law defines extortion as being when -
ANS✔✔---a person unlawfully and intentionally obtains
some advantage, which may be of either a patrimonial or a
non-patrimonial nature, from another by subjecting the latter
to pressure which induces him/her to hand over the
advantage.
According to Mastrosimone (in Van Heerden, 2017),
patrimonial damage relates to - ANS✔✔---financial loss or
"something that can be converted into or expressed in terms
of money or economic value".
, Non patrimonial damage - ANS✔✔---when an intentional or
negligent act causes personal injury or "as something that
cannot be related to a person's financial estate, but
compensation for something like pain and suffering".
According to Snyman (in Van Heerden, 2017), in South
African law abduction is defined as - ANS✔✔---"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 -
ANS✔✔---namely minors
abduction is generally associated with - ANS✔✔---specific
types of kidnapping, namely bride kidnapping or in crimes
where paedophiles are involved.
The modus operandi and motive for kidnapping are to -
ANS✔✔---forcefully remove an adult or minor, denying them
liberty in return for a certain type of ransom.
to secure the release of the abduction victim - ANS✔✔---
specialised intervention is required to mitigate the threat to
life and physical harm.
>>> Such intervention normally consists of the activation of
trained negotiators, investigators and tactical resolution
agencies.
