Crimes against People: Kidnapping
Abstract
Kidnapping is an international problem. This means that it has and continues to affect many countries across the world. Over the years, laws have been made to curb abduction, and the statutes have also changed with time. It is important to note that kidnapping laws in the U.S have been drawn from the common law standards of kidnapping formulated initially by England’s common law. According to this law, kidnapping was described as the act of confining an individual against his or her wishes, but over the years, the laws have evolved to incorporate other kidnapping elements such as the intention of obtaining a ransom/reward, or utilizing the victim as a hostage, or inflicting bodily injury, or terrorizing the victim/third person or interference with the carrying out of any political or governmental function. These changes can be attributed to the changes in kidnapping motivations, changing political scenes and advancements in technology.
Introduction
Kidnapping is a worldwide problem, and therefore, it affects different countries all over the globe-from the U.S. and Mexico to many other countries in Asia, Africa and beyond. Basically, kidnapping denotes to the abduction and captivity of an individual, usually to get ransom (Concannon, 2013). At times, perpetrators of this crime hold their victims longer so as to demand more money from the relatives or associates of the victim. In spite of the fact that kidnapping is as old as the history of humans, its prevalence in the present administration is shocking and continues to call for a proactive solution so as to make the world a safe place to live in. One of the solutions to this issue lies in developing kidnapping laws and imposing punishments on those individuals who engage in this type of crime (Concannon, 2013). For that matter, this paper seeks to describe the elements of kidnapping under historical common law, the elements of the current statute for abduction and make a comparison as to how the elements of abduction have changed from the historical common law to the current statute as well as discuss the reasons for the changes.
Elements of kidnapping under historical common law
Kidnapping laws in the United States have been drawn from the common law standards of kidnapping formulated initially by England’s common law. According to the early common law, the kidnapping crime was defined as the violent abduction or stealing of an individual (woman, man, or child) from their country and sending them into another nation. Heard (2014) states that kidnapping at the time was indisputably a very atrocious crime, as it robbed the king of his subjects, exiled a man from his nation, and was in its results productive of the most brutal and unpleasant hardships; and as such, the common law of England punished it with a fine, confinement, and humiliation. Apparently, the focus of these early laws, at a minimum, if not practice, appears to be on the wrongfulness of transporting an individual against their will to a different place or nation. Given the restrictions of transportation centuries ago, being taken away to a different nation was likely to be permanent. However, currently, the law identifies the extra evil of confining a person against their will even without transporting him/her to a different area.
Elements of the current state statute for kidnapping
The different laws that pertain to kidnapping in various states across the country purpose to secure the personal freedom of nationals and impose the Helpance of law required to release them from illegal restraint. The state of Texas defines kidnapping as the means of taking away an individual against his/her will or detaining an individual to a regulated space for an unlawful purpose (Peters, 2018). The motive or aim behind kidnapping encompasses gaining a reward or ransom; Helping the commission of an offense or intimidating the victim or a 3rd person. The issue of kidnapping also arises within the context of divorce or separated family. This is often demonstrated where one of the parents abducts a child while the child is in the other parent’s custody.
The Texas statute categorizes kidnapping into 3 main classifications: 1st degree, 2nd degree and 3rd degree. The Texas Penal Code § 20.03 states that: an individual commits the crime of kidnapping in the 3rd degree if he deliberately abducts another individual, with the intention of obtaining a ransom/reward, or utilizing the victim as a hostage, or meting out bodily injury, or terrorizing the victim/third person or interference with the carrying out of any political or governmental function (Peters, 2018). A person is considered to not have committed the kidnapping crime in the 3rd degree if i) the kidnapping is done not with the purpose of utilizing or threatening to utilize lethal force ii) kidnapped individual is a relative to the person accused of the crime or iii) the only aim of the individual committing the crime is to assume legal control of the victim (Peters, 2018). The Tex. Penal Code § 20.04 states that: an individual is guilty of the crime of abduction in 2nd degree if he/she willingly releases the kidnapped person in a safe place. The 3rd degree of kidnapping is committed if the perpetrator, with the aim of obtaining a pecuniary benefit, intentionally utilizes a vehicle, aircraft or other means to transport a person with the intent to hide that individual from a special investigator or peace officer (Peters, 2018).
A comparison of how the elements of kidnapping have changed from the historical common law to the current state statute
The word “kidnapping” is believed to have come from the English law towards the end of the 1600s, denoting to the abduction of individuals who were then taken to the North American colonies for slavery. Heard (2014) defined the kidnapping law as the “forcible seizure or stealing away of a woman, man or child, from their own nation, and sending them to another.” From this description, it is evident that the elements of kidnapping at the time included taking a person against their will, and taking them to another country. However, it is important to note that the elements of kidnapping have changed throughout the years. For instance, towards the late 19th and early 20th century, states in the U.S started to redefine kidnapping, mostly getting rid of the requirement of interstate transport. Slowly, the involuntary confinement of the victim became the main component of kidnapping. Other components of kidnapping included the intent to kidnap, and the transport of the individual to other regions, not necessary to another country. Notably, currently, for a crime to constitute kidnapping, it must also have some aggravating circumstance that accompanies confinement. This can entail the demand for ransom, an attempt to affect a government’s function, an attempt to injure the victim or terrorize the third party or an attempt to carry out a felony. The basis behind the contemporary American laws is founded on freedom, even for children, in contrast to the part of their parents or anyone else.
The English common law categorized kidnapping as a misdemeanor. This means that the crime of kidnapping according to this common law was a minor offense, and as such, carried a less severe punishment. In modern times, kidnapping is a felony meaning that it is regarded as a serious crime, therefore, carries heavy punishment (Heard, 2014). For instance, in the state of Texas, first degree of kidnapping is punishable by life imprisonment and second degree of kidnapping is punishable by a sentence of less than 20 years.
Possible reasons for the changes; new changes in the statute, based on society’s needs today
One of the reasons can be attributed to the change in kidnapping motivations. In the past, kidnapping was a common means utilized to get slaves who would provide free labor. Women were also taken against their wishes for marriage purposes. Today, abduction is motivated by a variety of reasons. For instance, some kidnappers abduct individuals to obtain money in the form of ransom, or to coerce someone to withdraw money from a bank, or for sexual assault, or for prostitution, or for sale or to gain a political advantage etc. Changes in the political scene throughout the years have also led to these changes. As years went by, the political scene in the country went through some changes. Prior to the twentieth century, the economy was driven by free labor that was provided by slaves, and therefore, laws were mainly made in favor of slave masters. This is to mean that slavery was made legal in some states and by extension kidnapping was allowed because it allowed merchants to get the much needed slaves. As years went by, many politicians rose to speak against slavery, and even spearheaded the formulation of abolition laws, which sought to ban slavery. More and more focus was put on personal freedoms, and in the process, laws were formulated to curb kidnapping as it violated personal freedoms. This is demonstrated by the Lindbergh Act that was developed by congress. This Act makes it a felony to abduct for reward, ransom, or otherwise-and transport the victim form one state to the other or to another country (Roensch, 2003). Technology can be used to explain the changes as well. Before the 20th century, kidnapping was a crime that was hardly committed. However, with the introduction of automobiles and contemporary highways kidnappers got a means of conducting abduction swiftly and effectively executing it, and as such, the crime became more common. For example, towards the end of the 1920s, and the early 1930s, a wave of kidnappings was witnessed, and in many cases, it was the work of well-organized gangs.
References
Concannon, D. M. (2013). Kidnapping: An Investigator’s Guide. London, England: Newnes.
Heard, B. J. (2014). Kidnapping and Abduction: Minimizing the Threat and Lessons in
Survival. Boca Raton, FL: CRC Press.
Peters, A. (2018). Texas Criminal Procedure and Evidence. Aspen Publishers.
Roensch, G. (2003). The Lindbergh Baby Kidnapping Trial: A Primary Source Account. New
York, NY: The Rosen Publishing Group.
