Kidnapping and Extortion Chapter 13. Copyright ©2008 The McGraw-Hill Companies, Inc. All rights...

Kidnapping andExtortion

Chapter 13

Copyright ©2008 The McGraw-Hill Companies, Inc. All rights reserved.

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KIDNAPPING• In many kidnappings, the victims are relatives of the

kidnapper. – A divorced mother, fearing for the safety of her children when

they are in the custody of their father, may take the children and leave the state, committing a kidnapping.

• Kidnapping – Taking another person from one location to another against that

person’s will using force or coercion.

• Ransom – Money, property, or other

consideration paid or demanded in exchange for the release of a kidnapping victim.


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KIDNAPPING• In many kidnappings, the victims are relatives of the

kidnapper. • A divorced mother, fearing for the safety of her

children when they are in the custody of their father, may take the children and leave the state, committing a kidnapping.

• In other kidnappings, the perpetrators demand hundreds of thousands of dollars in ransom from wealthy people or civic leaders.

• Although apprehending the perpetrator is important in every kidnapping case, the safety and welfare of the victims often become the primary concern of investigators.


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The Lindbergh Case

• Federal kidnapping legislation was a response to a series of kidnappings for ransom in the 1920s and 1930s.

• The most notorious kidnapping was the murder of the son of Charles Lindbergh.– Bruno Hauptmann– Lindbergh law – Federal anti-kidnapping legislation

passed in 1932 (in response to the kidnapping of his son).


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Legal Aspects of the Crime of Kidnapping

• By modern statutes, kidnapping is the unlawful taking of an individual against his or her will.

• Many states have separate statutes to prohibit the unlawful taking of a person against his or her will for ransom and have harsher penalties for such a crime.

• State statutes vary with regard to whether kidnapping is a felony.


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Legal Aspects of the Crime of Kidnapping

• Although state statutes define kidnapping differently, the definitions have certain key elements in common:

Unlawful taking or seizing of a person without his or her consent.

Carrying away or transportation of the victim. Unlawful confinement of the victim.


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Kidnapping Investigations

• The investigator must try to learn the who, what, when, where, why, and how of the situation.

• Distinguish between legitimate cases and hoaxes. – Alleged kidnappings may actually be attempts to cover up

murders. – Disappearances may involve youngsters who have run away

from home.– Spouses who have fled their partners.– Parents who have taken children not legally in their custody.


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Kidnapping with Ransom Demand

• The first concern of law enforcement personnel during the primary stages of a kidnapping involving ransom is the life of the victim, and it involves two major objectives: – The safe return of the victim and– Identification and apprehension of the responsible

party or parties.


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Kidnapping with Ransom Demand• The following procedures are often helpful in

investigating a kidnapping with ransom demand:– Determine the method of entry used so that the area can be

processed for possible evidence.– Obtain and preserve the ransom note for laboratory processing.– Furnish the family with an exact

copy of the note in case they need it for negotiations.

– Review the ransom note, letter, or telephone instructions with the family to make sure they understand the contents.


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Kidnapping with Ransom Demand• Make sure that the person answering the suspect’s telephone

call follows the instructions of the officer in charge.• Determine the financial status of the family.• Determine if the family intends to pay the ransom; avoid

giving any opinion about the ransom.• Find out how the members of the family can raise the ransom

money and have it available if they decide to meet the demand.

• Help family members decide who should make the payoff.• Obtain descriptions and license plate numbers for all cars that

might be used in payoff negotiations.• Discuss with family members ways in which they can verify

that the victim is still alive.


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Kidnapping with Ransom Demand

• Obtain permission for officers to stay in the home of the family during the crisis.

• Arrange for a private telephone line and tapping and tracing of all incoming calls.

• Obtain permission from the family to intercept any mail and telegrams.

• Obtain a complete description of the victim (including clothing worn) and the best available photograph of the victim.

• Obtain a family history, particularly pertaining to the victim.• Request permission from the family to examine personal

possessions of the victim for possible leads.


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Kidnapping with Ransom Demand• Ask whether the victim’s fingerprints are available.• Arrange to record all calls.• Obtain specimens of the victim’s handwriting.• Ascertain the identity of local tradespeople and delivery people

with whom family members may have had disagreements or arguments.

• Obtain information about the victim’s place of employment.• Determine what each family member was doing for an

appropriate period before and on the day of the kidnapping.• Assign unmarked police cars to strategic areas for surveillance

and for backup if needed.• Depending on the facts and circumstances, conduct any other

appropriate investigation that can be accomplished without endangering the life of the victim.


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Return or Discovery of the Victim

• The second stage of a kidnapping investigation begins once the victim has been returned or the victim’s body has been found.

• First thing to do is notify family members of the status of their loved one.

• Secondly, identify and apprehend the person or persons responsible for the kidnapping.


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Return or Discovery of the Victim

• Some facts of a kidnapping case should not be given to the media.

• These include:– confidential investigative techniques– current plans for the investigation– Investigative steps being taken– identities of witnesses– details of the ransom note– information about the payoff spot– or any other confidential information


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AMBER Alerts

• AMBER alerts have become fairly common in most communities and are designed as cooperative plans to locate abducted children.

• Amber Hagermand– Her kidnapping and murder still remain unsolved.

• AMBER alerts represent a voluntary partnership between law enforcement agencies, broadcasters, and transportation agencies to activate an urgent bulletin in the abduction of juveniles 17 years old or younger when police believe the child is in serious danger of injury or death.


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HOSTAGE TAKING

• Hostage takers are usually criminals whose escape from a crime scene has been interrupted, either by the police or by another individual.

• Many large municipal police departments, the FBI, and a number of other federal agencies now have hostage negotiators ready to deal with cases involving hostages.


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HOSTAGE TAKING• Hostages– An innocent person held captive

by one who threatens to kill or harm the person if his or her demands are not met and who uses the person’s safety to negotiate for money, property, or escape.

• Hostage negotiator – An individual specially trained to

deal with persons holding hostages.


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HOSTAGE TAKING

• When people are taken as hostages, the last thing their captors want is to have to kill them.

• Establish a line of communication – A channel for communicating with another person.– This may involve direct, face-to-face conversation with the

captor or the use of a telephone.

• Throughout all negotiations, the hostage taker and the victims should be contained within a confined area.


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CHILD STEALING

• Stranger kidnapping (the abduction by someone not known to the victim) is a serious problem, but another form of kidnapping that has become prominent is parental child abduction.

• This offense is committed against the parent or other legal guardian and not against the child.


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CHILD STEALING

• Increasing numbers of non-custodial parents are no longer willing to endure long periods without seeing their children.

• The taking of a child must only be against the will or without the consent of the parent, guardian, or person with legal custody for it to be classified as child stealing.


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EXTORTION

• Extortion – Obtaining money or property from another by

wrongful use of actual or threatened force, violence, or under color of official right; refers to such acts by public officials.

• Extortion is a hybrid crime against the person and against property.

• Extortion is also the use of threats to force or manipulate a public officer to take some official action.


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AGE PROGRESSION TECHNOLOGY• To age-enhance photographs has become an important

tool in searching for children who have been missing for a long time.

• From photographs and videotapes of the child and the child’s family, as well as descriptive information about the child, the imaging technology produces an image of the child as he or she might currently appear.


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Legal Aspects of the Crime of Extortion

• To constitute extortion, the wrongful use of force or fear must produce consent.

• Although most states have separate criminal extortion statutes, extortion can also be found in the bribery or theft statutes of some states.

• Blackmail – The unlawful demand of money or property under threat to

do bodily harm, to injure property, to accuse of a crime, or to expose disgraceful defects.

– Commonly included under extortion statutes.– Illegal payments or demands for property made by private

citizens are better known as blackmail.


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Extortion Investigations

• In extortion cases, the first concern of the police is the safety of victims.

• The recovery of extorted money or property and the apprehension of the suspect are a secondary concern.

• In many respects, extortion investigations are similar to kidnapping investigations.


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Extortion Investigations

• A thorough interview with the victim often results in the description of a logical suspect.


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Extortion Threat by Telephone• Ascertain the date and exact time the call was

received.• Determine what was said and by whom.• Find out what threats were made and what

instructions were given.• Ask whether any background noises were heard, such

as music, traffic, bells, or train or boat whistles.• Ask whether the suspect said that he or she would call

again and, if so, when.• Determine whether any regional or foreign accent was

detected in the suspect’s voice; similarly, ask about speech impediments.


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Extortion Threat by Telephone

• The victim should be advised that if any additional calls are received, he or she should:– cooperate with the caller– take detailed notes of the message– note the exact date and time of the call– write down any directions for a payoff


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Extortion Threat by Letter

• Ask when the letter was received.• Find out how it was delivered.• Get the postmark and date of the letter.• Determine whether the letter was handwritten, hand-

printed, typed, or computer-printed.• Note the signature on the letter.• Ask the recipient to maintain absolute secrecy and not

to handle the letter or envelope or permit anyone else to touch them; instruct the complainant not to reveal the contents to anyone except law enforcement authorities.


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• Instruct the complainant to maintain a normal routine around the house and place of employment.

• Ask the complainant if he or she suspects anyone of sending the letter.

• Find out if any prior communication had been received.• Obtain and preserve the extortion letter for laboratory

examination.• Obtain permission to tape-record all telephone calls to the

complainant’s home and place of employment.• Arrange for tapping and tracing all telephone calls to the

victim’s home and place of employment.• Brief all personnel involved with the case.• Make certain that the victim’s movements are coordinated

with police instructions at all times during the crisis.


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Extortion Threat by Letter• Arrange personnel, vehicles, and equipment for any

required surveillance.• Obtain fingerprints and palm prints of the victim and

others known to have handled the letter or envelope.• Investigate the area of the victim’s residence if it is relevant

to the facts, circumstances, location, or other elements of the case. Extortionists have been known to observe their intended victims before and during the period of the extortion demands.

• Oversee the preparation of the payoff package.• Alert all personnel and the victim to the danger of the

suspect’s stopping or intercepting the victim at any point along the payoff route.


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• Check the anonymous-letter file of the local and state police and the FBI for similar letters.

• Record the license plate numbers of all cars that pass a payoff location; a vide camera or a still camera with a telephoto lens can assist in this surveillance.


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Careers Focus (FBI SPECIAL AGENT)

• FBI Special Agents investigate violations of federal law. • Violations may include such crimes as kidnapping,

extortion, bank robbery, fraud and theft against the federal government, espionage, interstate transportation of stolen property, mail fraud, and sabotage.

• U.S. citizenship, availability for assignments anywhere in the FBI’s jurisdiction, and being between the ages of 23 and 37 are the initial requirements.

• See page 266 for more details.

Kidnapping and Extortion Chapter 13. Copyright ©2008 The McGraw-Hill Companies, Inc. All rights...

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