Download CMY3706 Exam Questions and Answers: Kidnapping, Extortion, and Abduction and more Exams Advanced Education in PDF only on Docsity!
CMY3706 - Chapter 1 to 4 Exam Questions And
Accurate Answers 2024-
Kidnapping is a variegated and shifting phenomenon that is most commonly applied to - Answer Third World countries with high levels of crime.
Generally speaking, these countries are under-resourced and have ill-trained police personnel, corrupt public officials, inept intelligence services, a weak judiciary and have experienced political or social instability and conflict.
Noor-Mohammed, 2014 in Van Heerden, 2017 opines that when career kidnapping for ransom incidents occurs- Answer definitional issues of various kinds can create problems for the criminal justice system, in that confusing may arise since kidnapping incidences can cut across multiple jurisdictions
Under 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**
According to South African common law, the definitions of kidnapping are: - Response "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 range from minor to major conduct that can tie in with various other felonies, such as - Response hijacking or robbery
Kidnapping for ransom The criminal demands money or a particular result, such as debt collection, propagandist cause, vendetta or sexual exploitation.
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.
In American law, the definition of extortion is - 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.
Extortion is defined under South African law as when - Answer a person unlawfully and intentionally obtains some advantage, which may be of either a patrimonial or a nonpatrimonial nature, from another by subjecting the latter to pressure which induces him/her to hand over the advantage.
Patrimonial damage, as described by Mastrosimone in Van Heerden, is a concept relating to financial loss or "something that can be converted into or expressed in terms of money or economic value".
Due to - Answer the non-availability of any international legislative framework to prosecute transnational perpetrators, very little information on the true extent of kidnappings is available worldwide.
Heard (in Van Heerden, 2017) estimates that approximately ______ of kidnapping crimes worldwide are unreported. - Answer 80 per cent
Lechner (in Van Heerden, 2017) also agrees and estimates that only ______ of kidnappings globally are recorded. - Answer 10 per cent
Interventions by private firms could also be a reason for the-Answer inexact SA kidnapping statistics.
Perpetrators involved in kidnappings are broadly categorized into two kinds based on the motivation for kidnappings, namely -Answer financial and ideological.
Financial motivation is driven by -Answer some kind of monetary reward or financial gain and usually involves criminal gangs or syndicates.
Ideological motivation is based on -Answer a social, political or religious agenda and usually involves rebels, extremists and political militants.
Van Zandt (in Van Heerden, 2017), identified the following three categories: - Answer - Opportunistic or novice criminals
- Religiously or politically motivated individuals and mentally deranged criminals
- Professional criminals
cultural
dimension that is evident in some kidnappings. - Answer associated with certain cultures all over the world, where the practice of abducting females to become brides is practised.
The perpetrators of the crime of kidnapping are basically three types- Answer- Organised criminal groups
- Common criminal groups
- Radical groups
Kidnappings are not confined to - Answer - class or race
can happen to the highest and the lowest in society
Kidnappings are motivated by - Answer - lust, greed, revenge as well as political and even religious conviction.
According to Zannoni in Van Heerden, 2017 the family and friends of kidnapped victims are also exposed to high levels of trauma, although temporary.
Recommendations by Van Heerden on proper handling of kidnapping incidents could ensure effective response against the incidents, hence serving the best interest of victims of kidnapping.
Kidnapping incidents, if effectively managed, will accord the family of such victims - Answer professional counselling services and are treated with empathy during the pre- and post negotiation
process.
Van Heerden, 2017 found 11 types of kidnappings widely prevalent in SA, - Answer - Bridal kidnappings
- Initiation kidnappings
- Basic kidnappings
- Zimbabwe migrant taxi kidnappings
- Pakistani/Bangladeshi migrant kidnappings
- Appendix III: Species in this category are conditionally tradable in order to help individual countries gain international cooperation in protecting their own native species.
The South African Environment Conservation Act, 73 of 1989 defines the environment as
- Answer the aggregate of surrounding objects, conditions and influences that affect the life and habits of people or any other organism or collection of organisms
the lack of a workable and correctly worded conservation offence
Category and definition can probably be ascribed to the fact that - Answer natural resources have traditionally been viewed somewhat myopically and dealt with under diverse
and vague headings, including clichés such as ecological crime, green crime and/ or environmental crime
Environmental criminology is currently the most commonly used term to describe - Answer criminality directed at the natural environment.
Environmental criminology refers to - Answer a growing field that explores how actual criminal events involve interaction between motivated individuals and the surrounding social, economic, legal and physical environments
ecological criminology as being primarily associated with - Answer the study of spatial patterns of crime in an urban context
In an ecological study, researchers are able to transcend individuality, through the gathering of social data-Answer derive a sense of large groups of people's characteristics.
Green criminology-Answer refers to the study of crime and its harm to natural resources.
It symbolizes-Answer a balanced approach and does not favor any particular belief
within the natural resources or conservation arena. Conservation criminology deals with more focused range of issues than those traditionally and often emotionally labelled "green" issues
the term "conservation crime" embodies-Answer the criminal activities
associated with a wide spectrum of wrongdoing directed at natural resources, and it unambiguously identifies a central theme.
the criminality involved with a broad range of harm focused on natural resources, and there is a clear, single underlying focus. - Answer 1. Environmental pollution
environmental pollution - Answer the introduction into the biosphere of materials that because of their quantity, chemical nature, or temperature have a deleterious effect on the ecosystem or that cannot be readily disposed of by natural recycling processes
necessary if any environmental programme is to achieve its goal of securing a safe environment for all - Answer Public involvement and active cooperation
International cooperation is absolutely necessary, particularly with respect to - Answer information exchange regarding technology, the success or failure of legal remedies, and research findings related to controlling and preventing (environmental) conservation crime.
Environmental pollution produced by industrial waste, for example, has been defined as
- a form of corporate violence, consisting of physical injury or endangerment of workers and the public through decisions by executives or managers of corporations or through corporate negligence or a corporate pursuit of profit and willful disregard of health, safety and environmental legislation.".
Air pollution is caused by - Answer solid, liquid or gaseous substances in the atmosphere, in concentrations that are harmful to human beings or other living creatures, plants, property or the environment
Oil pollution due to nonchalant navigation or the intentional cleaning of ships' tanks at sea may be considered as one of the greatest pollution threats to South African marine and contiguous coastal biota.
**- Acid drainage from mines is another serious form of industrial waste pollution.
- Agricultural waste such as fertilisers, pesticides, biocides and other solid additives** contaminates the water system. - The chemical industries, power plants using fossil fuel and nuclear fuel, that use tremendous quantity of water for cooling, afterwards return this water at a higher temperature into the river lake or sea results in thermal pollution.
Solid waste - Answer wastes rejected by a community including those originating from household, food and organic material, glass, tin cans, paper and ash
Waste could be termed as - Answer hazardous if it is highly flammable and easily corroded is reactive and/or toxic in nature
Hazardous waste consists of - Answer acids, toxic chemicals, explosives and other harmful or potentially harmful waste.
Air, water, solid and hazardous waste pollution can - Answer destroy the environment, human life and cause serious illness, often many years after exposure to pollutants.
When inhaled, carbon monoxide displaces the oxygen carried by the red blood cells to form carboxyhaemoglobin which - Answer reduces the amount of oxygen carried to the body tissue. This dulls mental performance, slows reactions and makes people prone to accidents.
Sulphur dioxide causes-Answer both temporary and permanent injury to the respiratory system, irritating the upper respiratory tract and lung tissue.
Conservation crime which results in trauma and/ or loss of human life
Will not be regarded as a conservation crime but instead- Answer depending on the circumstances as a more modern one such as murder or culpable homicide.
Noise pollution is defined as - Answer > unwanted or extraneous sound or as unwanted sound pumped into the atmosphere, causing a health hazard
an excessive, offensive, persistent or startling sound that causes fatigue and physical and psychological problems such as hypertension, deafness and tension
Manmade sources of noise pollution may be broadly classified into - Answer industrial and non-industrial noise pollution
Non-industrial Noise pollution is theDomestic noise generated through appliances and Traffic noise generated due to a stream of uninterrupted movement of vehicles
Damage caused by noise pollution is -Answer Usually long-term and irreversible
Effects of Noise Pollution - Answer It leads to stress and tension besides physical ailments
hearing problems, including deafness, chronic hypertension, heart attacks, and stress-related illnesses, such as headaches, muscle spasms, ulcers, and other ailments of the digestive tract.
Three types of traders were found to be involved in illegal rhino horn trade - Answer • poachers
**- runners
R reason most important for poaching rhino - - - Answer - trouble
- excitement
- smart
- tough
- sense of autonomy
Transnational environmental conservation crime is indeed worldwide in scope - Answer reflects broad socioeconomic processes and trends associated with globalisation.
The following three issues were of particular concern pertaining waste - Answer • The
some practical examples of conservation crime prevention strategies - Solution - Judicial system reform
Public awareness and marketing
Merging existing conservation agencies into one unified body
Consolidating and rationalizing conservation-related legislation
Amplifi cation of compliance management and support capacity
Informal control measures
Which one of the following terms can best be used to describe crime directed at natural resources? Answer conservation crime
Which form of pollution is of greater immediate concern than any other type of
pollution? Answer air pollution
Which of the following forms of pollution is regarded as one of the oldest environmental problems, usually ascribed to urbanisation, industrialisation and waste disposal? Answer water pollution
Which below represent methods of preventing and controlling illegal trade in endangered species? - Answer religious and psychological programmes
The smuggling and dumping of hazardous waste materials into Third World countries by First World countries represents what type of crime? - Answer transnational conservation crime
The trade in wildlife is considered to be the. largest illegal trade in the world - Answer second
The theoretical explanation of conservation crime uses an amalgam of existing theories. Identify these. - Answer rational choice, social learning, general theory of crime, neutralisation
To what conservation crime prevention and mitigation strategy does the following passage refer? "Such sensitization and orientation will simultaneously assist compliance management functionaries with their task and promote deterrence." - Answer public awareness and marketing
Since which year has South Africa been a member of CITES? - Answer 1957
Which of the following are correct motivational and contributory factors relating to illegal trade in endangered species - Answer cultural issues
economic issues
Xenophobia may be defined as - Answer the deep hatred of immigrants by nationals of the host state.
Xenophobia encapsulates all these acts of intolerance and violence against those perceived as being - Answer foreigners, non-nationals or "the others
Xenophobia can take the form of - Answer "race phobia" meaning racism, "genophobia" meaning genocide, "ethnophobia" meaning ethnic conflict, "Afrophobia" meaning hostilities amongst Africans of different nationalities, or "foreign phobia", which is intolerance of anything/anybody foreign.
myths or perceptions of xenophobia in SA - Answer - Xenophobia does not exist in SA-a view held by many political leaders in denial.
- When denialists admit it exists, they hold that xenophobia is recent and that only a small minority of South Africans is xenophobic.
- Poverty is the main cause of xenophobia. The tacit claim is that being poor predisposes one to violence.
Xenophobia was/is endemic in SA and - Answer not a preserve of a small minority of people. It cuts across age, race, income level and gender.
"strangers" who will not assimilate are seen as-Answer "arrogant'' if they retain their customs, "exploitative'' if they appear to be doing better than their hosts and "bigoted'' if they cling to their religion
much xenophobia is choreographed to-Answer advance personal or political interests
political and value socialisations are based on fear and suspicion of people who are - Answer diverse from the indigenes of a demographic region
Initiating factors related to xenophobic attacks can be identified in - Answer - residential segregation
- diversification based on physical appearance, including skin colour or body height
- cultural practices that relate to dress and eating
- religious adherence
- disparities in access to healthcare facilities, social services and economic opportunities, including gainful employment
The emerging political ideologies associated with post-apartheid SA led to Answer the redefinition of citizenship which resulted in foreigners being viewed as outsiders
While low-level discrimination may be practised at - Answer an individual or personal level, it can be reinforced and aggravated by state policy and the attitude of political leaders and governmental departments
perceptions and stereotypes are used to - Answer normalise and rationalise violence against foreigners
Attacks tend to occur in locations marked by - Answer economic marginalisation
exemplified by townships and informal settlements
the SA violence against foreigners is biased towards the poverty-stricken areas and increases the divide between the haves and the have-nots.
eight contributory elements to xenophobia - Answer 1) resource competition
criminality and opportunism
poor intelligence
ineffective processes by the Department of Home Affairs
culture of violence
lack of leadership
(7) global spread of xenophobia
(8) inability of the security forces to contain community-based violence
causes of xenophobia are exacerbated by - Answer overall sense of desperation among the people of poverty-stricken communities faced with no service delivery
Foreigners, in such a scenario, are seen as competing directly for the limited resources
Hostility towards foreigners, by citizens and institutions, persuades foreigners to - Answer flee SA
Negative reports, along with the government's lukewarm reaction to xenophobic attitude and attacks, send out the message that - Answer foreigners can be treated with disdain with no adverse consequences
Poverty and socioeconomic hardship the people of South Africa are struggling with can be used to - Answer scapegoat for the conditions that perpetuate in the areas where the [xenophobic] violence flared up.
Refugees and asylum seekers often find themselves victims of cyclic
traumatisation:- Answer - firstly, they experienced persecution and violence in their country of origin
- secondly they experience trauma due to stressors of daily life in trying to adapt and make a living in a new country
- thirdly, they are re-traumatised due to xenophobic attitudes and attacks
- includes unlawful and intentional use of violence to take somebody's else property - Answer defining the term "robbery"
- unlawful and intentional act
- theft of property - motor vehicle
- use of violence - weapon or threat of violence - victim believes that his/her live is in danger
- There must be a casual relationship between the violence and the taking of the property.
Answer For a crime to be constituted as a robbery, the following characteristics must be present.
Contact crime category.
it is that the victim is a direct target or the victim's property is targeted in the presence of the victim and he/she is threatened with the use of violence or violence is used - Answer Contactcrime comprises crimes in which
murder, attempted murder, sexual offences, assault, grievous bodily harm, common assault, common robbery and aggravated robbery - Answer Contact crimes include
anything which the common law or any statutory provision constitutes as an offence of housebreaking or attempted housebreaking with intent to commit an offence; robbery or attempted robbery. Answer Aggravating circumstances are defined by the Criminal Procedure Act 51 of 1977 as:
"premeditated aggressive/violent behaviour with the motive of taking unauthorised items through the means of aggression and weapons, such as a firearm or any sharp object or tool that can cause injury and death, and as the violation of the judicial system of a particular
society and human beings' right to safety and protection". - Answer May (2017:12) defines aggravated robbery as
- car hijacking
- robbery at residential premises or house robbery
- robbery at non-residential premises or business robbery
- cash-in-transit (CIT) robbery
- bank robbery
- truck hijacking - Answer Subcategories of robbery with aggravating circumstances are
- Car hijacking
- robbery at residential premises and
- robbery at non-residential premises - Answer trio crimes
2006 - Answer when did trio crimes get priority status from SAPS
- in terms of the victims (feelings of insecurity, physical injury, emotional trauma
and loss of property)
- negative publicity as well as international
censure - Address the grave concerns that trio crimes signify
it is perpetrated when citizens are present in their dwelling - Answer a house robbery is also categorized as a violent offense since
"the unlawful and malicious taking of and driving of another person's motor vehicle, excluding a truck" - Answer "carjacking"
"the unlawful and intentional forceful removal and appropriation of a truck other than a light delivery vehicle belonging to another" - Answer hijacking a truck is defined as
The unlawful, intentional and violent taking by force or threat of force of anything from the care or custody of
A business or financial establishment, with or without injury, at whatever time of the day or night the crime is committed - Answer Business robbery means "
the unlawful and forceful interruption of cash in transit while under the cover of a security company, from an Armoured Vehicle (AV) en route to deliver or collect cash from a bank/ATM - Answer Thobane 2014:24 defines CIT robbery as:
