CMY3706 WITH 100% VERIFIED QUESTIONS AND ANSWERS
South African common law defines kidnapping as follows: - ANSWER-"it
consists in unlawfully and
... [Show More] 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 - ANSWER-hijacking or robbery
Kidnapping for ransom is associated with instances where - ANSWER-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 -
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.
Kidnapping is a diverse and evolving phenomenon that is especially
prevalent in - ANSWER-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 - ANSWER-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 - 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
American law defines extortion as - 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.
South African law defines extortion as being when - ANSWER-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 - ANSWER-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
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 - ANSWER-"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 secure the release of the abduction victim - ANSWER-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.
There is no system or database in place or available in SA to distinguish
between - ANSWER-the different types of kidnappings and to accurately
capture reliable statistics per kidnapping type [Show Less]