Kidnapping should be a automatic federal charge... (Full Version)

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ElectraGlide -> Kidnapping should be a automatic federal charge... (1/14/2007 10:51:41 PM)

I heard them say on the news about this Devlin creep in Missouri, that if he took those boys across state line then it would be a federal kidnapping charge. It should be a federal kidnapping charge anytime somebody kidnaps somebody. If you get caught with a hypodemic needle it is a federal charge without even having to cross a state line. I know this Devlin will get the book thrown at him hard, but in other cases they may have got off light because they did not cross a state line.



pahunkboy -> RE: Kidnapping should be a automatic federal charge... (1/15/2007 5:25:50 AM)

in the past 20 years- SO MANY crimes have been reclassified as a felony.

in a few states- you can be charged with kidnapping you own child!

if a parent doesnt pay child support in the valley here, he [mostly men] goes to jail.

i dont see how that solves the problem.  local jails started charging $10 a day too.

i had a traffic ticket here- the fine was $132.50. i set up a paymnet plan. i figured it is just a ticket- right?  well i missed a few weeks on my payment. [money was VERY tight back then] when i went in the jp's office to pay, the clerk told me- she was just about to turn my file over to warrants!!!!

there are so many laws on the books- that 99.999% of crimes can be wrote up.

in the USA, we have about 2 million incarcerated. we collectively have a throw away the key mentality.

IMO- they are too hard on drug crimes.  too soft on corporate pension robbers, haz waste polluters.......

in 20 years the prison industry has doubled.

i wrote to many prisoners for a period of time. i have since stopped- as i concluded nothing good can come of it.

the hardcore prisoners are revolving door offenders.

a good number of laws should be taken off teh books....

2007, you need a lawyer to take a shtt. every little thing. add to that insurance companies- those tall buildings built on blood money. i hate that- and they are experts of excaping payment!!!!!!!  

IMO- the stock market is legalized gambling.  the pros make cash off of the peons. owning stock is an ego thing.
ill stroker your ego- and hand over ?,000.00$$$.... yikes.



Sinergy -> RE: Kidnapping should be a automatic federal charge... (1/15/2007 7:27:57 PM)

quote:

ORIGINAL: ElectraGlide

I heard them say on the news about this Devlin creep in Missouri, that if he took those boys across state line then it would be a federal kidnapping charge. It should be a federal kidnapping charge anytime somebody kidnaps somebody. If you get caught with a hypodemic needle it is a federal charge without even having to cross a state line. I know this Devlin will get the book thrown at him hard, but in other cases they may have got off light because they did not cross a state line.


Last I heard, kidnapping is a federal crime.

Sinergy



Archer -> RE: Kidnapping should be a automatic federal charge... (1/15/2007 9:11:22 PM)

The FBI was involved in the man hunt because it is assumed that given more than 24 hour the child might be transported accoss a state line, but the law has to deal with the facts of the case once the criminal has been caught.
Drugs and drug paraphinallia have crossed state lines to get to you(Interstate commerce clause of the Constitution). If in fact the entire offence of the kidnapping occured inside the state jurisdiction then it is a matter for the state to handle.

Why the motivation to make this a federal case?
Other than the fact that federal time has no good behaviour provissions I can't think of any reason to want to shift the case.






HaveRopeWillBind -> RE: Kidnapping should be a automatic federal charge... (1/16/2007 10:53:10 AM)

I am not sure when the law changed exactly, but kidnapping is a felony. Some time ago it used to have to cross state lines to fall into Federal jurisdiction and therefore be handled by the FBI and Federal Courts. Now crossing state lines is not required for this crime to be considered a Federal offense.



KatyLied -> RE: Kidnapping should be a automatic federal charge... (1/16/2007 10:56:52 AM)

quote:

in a few states- you can be charged with kidnapping you own child!


If you do not have legal physical custody of the child that makes sense.



Sinergy -> RE: Kidnapping should be a automatic federal charge... (1/16/2007 4:18:22 PM)

quote:

ORIGINAL: KatyLied

quote:

in a few states- you can be charged with kidnapping you own child!


If you do not have legal physical custody of the child that makes sense.



In cases of joint custody, both parents have to have written permission from the other state to take the child out of state or country.

Physical custody just indicates whose house the child lives at, and who has visitation.

Sinergy



cyberdude611 -> RE: Kidnapping should be a automatic federal charge... (1/16/2007 4:55:06 PM)

It is a fact of criminal psychology that severity of punishment has no influence on the crime rate.

You look at the most oppressive regimes on the planet throughout human history and guess what...They still all had crime! You can make kidnapping a capital offense and people will still do it.

Crime and violence is something that will never go away.



sharainks -> RE: Kidnapping should be a automatic federal charge... (1/16/2007 5:54:15 PM)

I think the law will come down hard on him but no harder than he deserves.  The thing that sickens me about this case is that the press is all over it wondering why the older boy didn't do more to get out of the situation.  Finally tonight it was told that Devlin said he would kill his family if he tried. 

The fact is that he did what he had to in order to come home alive.  I know that because he came home alive.  Nothing else matters.  Thats not to say that others in the same situation who are killed did anything wrong.  They are all the victims of very sick individuals.



KatyLied -> RE: Kidnapping should be a automatic federal charge... (1/16/2007 6:14:27 PM)

I my state, physical custody is the actual physical possession and control of a minor child.  



Archer -> RE: Kidnapping should be a automatic federal charge... (1/16/2007 9:47:03 PM)

quote:

ORIGINAL: HaveRopeWillBind

I am not sure when the law changed exactly, but kidnapping is a felony. Some time ago it used to have to cross state lines to fall into Federal jurisdiction and therefore be handled by the FBI and Federal Courts. Now crossing state lines is not required for this crime to be considered a Federal offense.


Kidnapping has been a felony for a long time, that has nothing to do with what jurisdiction the kidnapping is prosecuted under.

The Prosecutor has to provide a case that the kidnapping involved some form of interstate commerce in order for the kidnapping to be a Federal case.
However the crossing state lines is not the only way the crime may cross jurisdictions.
A ransom call or letter mailed through the US Postal service will surfice since both are examples of federally regulated interstate commerce. The FBI generally though does not wait for that to become involved in the investigation.
Unlessthe circumstances of the crime violate US Code the offense is under State Jurisdiction

TITLE 18 > PART I > CHAPTER 55 > § 1201 KIDNAPPING

(a) Whoever unlawfully seizes, confines, inveigles, decoys, kidnaps, abducts, or carries away and holds for ransom or reward or otherwise any person, except in the case of a minor by the parent thereof, when— (1) the person is willfully transported in interstate or foreign commerce, regardless of whether the person was alive when transported across a State boundary if the person was alive when the transportation began; (2) any such act against the person is done within the special maritime and territorial jurisdiction of the United States; (3) any such act against the person is done within the special aircraft jurisdiction of the United States as defined in section 46501 of title 49; (4) the person is a foreign official, an internationally protected person, or an official guest as those terms are defined in section 1116 (b) of this title; or (5) the person is among those officers and employees described in section 1114 of this title and any such act against the person is done while the person is engaged in, or on account of, the performance of official duties, shall be punished by imprisonment for any term of years or for life and, if the death of any person results, shall be punished by death or life imprisonment. (b) With respect to subsection (a)(1), above, the failure to release the victim within twenty-four hours after he shall have been unlawfully seized, confined, inveigled, decoyed, kidnapped, abducted, or carried away shall create a rebuttable presumption that such person has been transported to interstate or foreign commerce. Notwithstanding the preceding sentence, the fact that the presumption under this section has not yet taken effect does not preclude a Federal investigation of a possible violation of this section before the 24-hour period has ended.

Source Cornell Law School website


http://www.law.cornell.edu/uscode/HowCurrent.php/?tn=18&fragid=T18F00497&extid=usc_sec_18_00001201----000-&sourcedate=2006-07-07&proctime=Sat%20Jul%20%208%2004:26:22%202006





ElectraGlide -> RE: Kidnapping should be a automatic federal charge... (1/16/2007 10:54:23 PM)

Archer knows the law much more than I do, and he has the facts posted. I just like seeing the book thrown hard at criminals to keep them off the street. Although Devlin is suppose to have a clean record. I know there is a common debate about us having too many prisons and prisoners, but I would rather see hardcore criminals off the street for good. There was a recent internet rape message going around, and it did say only like 3 pecent off rapist will use a weapon during a rape because they know it is a felony.



Sinergy -> RE: Kidnapping should be a automatic federal charge... (1/16/2007 11:04:45 PM)

quote:

ORIGINAL: ElectraGlide

There was a recent internet rape message going around, and it did say only like 3 pecent off rapist will use a weapon during a rape because they know it is a felony.



Rape is a felony.

I work in this industry, ElectraGlide, so allow me to clarify a few things.

First off, rape is a crime of violence, not of sex.  It is something men (majority) do in order to feel like they are in control.  Men who rape women are generally cowards and view women as being weaker and easier to intimidate and control. 

3 out of 4 times, the rapist is a single, unarmed assailant.  The rapist who uses a weapon is a coward who doesnt think he can intimidate a woman without a weapon.  If a weapon is going to be used against a woman being raped it will be used after the rape.  Generally it is used for intimidation and then put down so the guy can get his jollies.

Typically, the weapon chosen is the one that the rapist is more frightened of. 

There are a bunch of different pack psychology issues that go in to gang rape, which I am not going in to.

Sinergy



ElectraGlide -> RE: Kidnapping should be a automatic federal charge... (1/16/2007 11:21:32 PM)

Sinergy I agree with you. You have the facts more than I did. I just know we have too many hardcore repeat criminals running the streets and I would feel better if they were rotting in a prison.



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