CJ Chapters 7-9

When was kidnapping not considered a criminalized act?

1874

Who was the first documented kidnapping in American history?

Charley Ross

Were Native Americans prosecuted for kidnapping and demanding ransom?

No

statute authorized the Federal Bureau of Investigation to investigate ransom kidnappings. 

lindberg act

When was Charles Lindberg’s child abducted?

1932

The Lindberg Act led to…

federalization

Who’s kidnapping led to the “three strikes laws?”

Polly Klass

lowest type of kidnapping:

unlawful restraint

Unlawful restraint recognises that ________ have the right to move ________ by others, unless authorized by law as with a lawful arrest.

individuals; unimpeded

rarely do prosecutors charge public officials with unlawful restraint. True or false?

true

Unlawful restraint: Usually brought as a tort____ claim for “False Imprisonment” if…

there is an illegal arrest

mens rea when considering unlawful restraint:

intentionally or knowingly

Actus reus required when considering unlawful restraint:

restrains another person

1.Accomplished by force, intimidation, or deception, or

2.Victim is under 14____ and parent has not consented, or

3.Victim is 14 to 17 and victim is taken out of state and 120___ miles from home without parental consent

these are characterisitcs of….

restraint without consent

what is unlawful restraint classified as:

class A misdemeanor to felony of third degree

kidnapping that led to “code adam alert”

Adam Walsh

kidnapping that led to the “amber alert”

Amber Hagerman

Kidnapping as a political tool:

abduction of journalists, relief workers, soldiers, and foreign citizens during recent conflicts in the Middle East.

Abductions in these places are considered kidnapping as a political tool:

Iraq, Syria, and the thirld world

Unlawful restraint- restriction

restriction on victim’s movement without consent.

Texas requires abduction of the victim, which is similar to…

asportation under common law

involves either (1) restraining a person in a secret place or (2) threatening or using deadly force or (3) confining a person against his will secretly (secretly elevates unlawful restraint to kidnapping)

abduction

Is it an offense for a relative to abduct another to regain lawful control of a victim as long as no deadly force used?

No

kidnapping cannot be applied to…

animals

Aggravated kidnapping:

commits kidnapping and uses or shows a deadly weapon

Aggravated kidnapping is classified as a:

felony of first degree

Aggravated kidnapping can be classified a a felony of second degree if…

released to a safe place

Aggravated kidnapping is more _______ than kidnapping.

prevalent

Aggravated kidnapping- Safe Place’s purpose is to…

encourage kidnappers to take measures to ensure the victims survive

based on general deterrence theory-

assumes the offender knows which conduct aggravates his plight and reduces his level of culpability

• Remoteness of location

• Proximity of authorities or person who could aid or assist

• Time of day

• Climatic conditions

• Victim’s condition

• Character of, and victims familiarity with, the location or neighborhood

safe place factors to consider

Approximately ________ children are abducted annually by a _______ family member

200,000; non-custodial

Interference with child custody:

knowingly persuades the custodial to leave custody of custodial parent

Trafficking Victims Protection Act-

commercial sex or forced labor

Human smuggling-

illegal immigration in which an agent is paid to help a person cross a national border secretly

Countries that did NOT pay ransom:

U.S and Britain

Countries that DID pay ransom:

France and Germany

Common law kidnapping:

kidnapping was the forcible abduction of a person and sending them to another country.

the same term used in Larceny to describe the taking of property:

Asportation

Asportation was an aggravated form of ______ imprisonment, removing the subject from the protection of the KIng.

false

At Common Law, political reasons for kidnappings…

force people into involuntary slavery and enlist soldiers

Texas law defined kidnapping as a crime if a person was falsely imprisoned for the purpose of being removed from the state, sold as a slave, or if a minor, being taken away from his parents in…

1856

How Code Adam Works:

An announcement is made of the child’s description. Employees and shoppers look for the child. If the child is not found in 10 minutes, law enforcement is notified.

Hamas kidnapping Israeli hostages is an example of…

kidnapping as an act of terrorism

Both ______ restraint and ____________ taking of children without parental permission is unlawful restraint.

forcible and non-forcible

without consent means:

force, intimidation, or deception; under the age of 14; taking a child of ages 14 to 17 outside of the state and beyond 120 miles from home without parental or guardian.

________ of the offender is key, not the actual accomplishment of the kidnapping.

intent

unlawful transport:

commercial transportation of undocumented migrant workers

Classification of human trafficking and human smuggling:

chapter 20A felony

Human trafficking:

forced labor or forced prostitution