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CMY3706 - Chapter 1 to 4 Exam Questions
With Correct Answers
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"
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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
South African common law defines kidnapping as follows: - answer✔"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 - 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
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upon between the perpetrators and the victim's family, after which the kidnapped hostage will be
released.
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
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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.
Currently, no distinction is made between the different types of kidnappings, resulting in -
answer✔all incidents being generically reflected in the annual crime statistics under the Crime
Administration System (CAS) crime code: 52205 as "man-stealing" (kidnapping).
