Criminology II Final Project, pg 1
Criminology II Final Project CJ302-01 Kathryn D. Perez March 4, 2008
Criminology II Final Project, pg 2 Kidnapping in the United States is classified by the type of person who kidnaps the victim and the type of kidnapping, such as child abductions, adults, whether to harm someone or to keep them as one’s own child. It is astounding that there can be so many classifications for kidnapping just within the confines of the United States. For the purpose of this paper I will concentrate on child abductions by both family members and non-family members. The theory that I feel best defines kidnapping would be either power-control (Owen, 2004) or instrumental critical theory (Siegel, 2007). Instrumental critical theory indicates that the criminal is a revolutionary, making a statement in their actions. They create their “voice” by racism, sexism, profiteering, which can all lead to my choice of crimes, kidnapping. With this theory, one could remove the victim from their safe existence to gain monetarily, to make a statement, to rape or kill, or even to keep the child to harm another person by their losing their possession of the victim as in a child being taken by an estranged parent or other family member as revenge. Each of these behaviors is rebellious as a revolutionary would be. Power-Control theory effectively defines the violent kidnapper who steals their victim to torture, rape or murder them when they are done with them. These kidnappers are wanting to be in control of the entire situation, so much that they choose their victims in order to know that not only the victim, but those he exploits besides are controlled as well (Owen, 2004). In these situations the power and control over the victim includes the power over life or death of the abducted. This gives great satisfaction to the abductor because he has taken power away from others and transferred it to himself (Owen, 2004). Even family kidnappings can involve power and control because the person who is taking the child has empowered himself/herself over the estranged partner or family member who has guardianship over the abducted child. The classifications for kidnapping are non-family abduction and family abduction.
Criminology II Final Project, pg 3 Within these two broad categories are sub-groups involving the purpose for the kidnapping and whether it was children or adults abducted. With the loss of a child, the government organization NISMART, (National Incidence Studies of Missing, Abducted, Runaway, and Thrown away Children) provides statistics on both abductions of children and those instances when a child is missing but was not abducted, such as a runaway or a thrown away child, and those who are missing but no explanation has been given by guardians. In 2002 the statistics show that nonfamily abductions of children estimated around 33,000 and those children who were abducted by a family member was more, at an estimate of 117,200 (Flores, 2002). In order to keep a child safe from kidnapping several things need to take place. First the parent or parents who are responsible for the child needs to ensure that their child is where they say they are going to be, whether it be school, the mall, or their friend’s home. If the child is not responsible for their own actions then the parent should restrict their movements until such a time as they can understand the importance of their safety. Social control can be preformed by police who should patrol familiar school routes and watch for suspicious characters. If a parent knows that they have an estranged spouse or other family member who has verbalized or written that the child is in danger of abduction then the police should be notified as well as the school and any friend’s parents that the child would be going to, in addition to daycare or babysitters. This will help prevent the dangerous family member from having the opportunity to take the child without someone else knowing what he is attempting. Also, it is important to let the child know who they are to leave with, and who they are to not leave with under no circumstances. Stranger danger is one thing that is taught in schools but it is also important that the child knows that just because the person is not a stranger, they may not be a safe person to go with. It does not only take a village to raise a child, it takes that same village to ensure all children are safe as well. The instrumental assailant will take the child of a leader of something, whether it be a
Criminology II Final Project, pg 4 government office or a corporation, when they feel that they have a cause that they should be fighting for. This person would use the child as leverage to get their message to those they wish to listen. This would be more rhetoric in most cases but the idea behind this by the abductor is that with the child in his possession he can at least be heard. Many times this style of kidnapping ends up positively with the child being returned unharmed; that is, of course, if the leader takes heed of the kidnapper and gives him his ear. When this parent finds that there is the possibility of attack, he should address the situation by acquiring guards for their innocent child. Some insurance companies are also getting involved, providing kidnapping insurance for their policy holders (Insure.com, 2001). The kidnap and ransom coverage provided by this particular company pays ransom and insures the ransom money while it is being taken to the drop point. There are also security company fees that would be paid as well. Reimbursement for travel expenses for safe return of the kidnapped individual and lost wages are also covered in this policy (Insure.com, 2001). Punishments, like with any other crime, should fit the crime. If a parent has taken the child from the guardian parent or foster home then that parent should get some jail time but in addition their parental rights should be removed, including any form of visitation. If they do not take the visitation away from this kind of criminal then they are apt to take the child again, even if the visitation is supervised. If the kidnapper is not a family member then the theft of the child should be punishable by much more extreme measures. The abductor should at the very least expect to spend ten years in prison, and also they should be interviewed and counseled to find out if they are a future danger to society or if their actions are correctable with counseling and job training. Many people abduct children to keep them as their own because they have either lost a child or they have discovered that they are unable to create a child for themselves. These types of people are disturbed mentally but can probably be helped in a psychiatric facility. With
Criminology II Final Project, pg 5 proper assistance they can be taught that their actions are not acceptable, and that the children of other people are not theirs to take, no matter how much they hurt because of their own limitations. Policy involving kidnapping should include important repercussions, and specific rules that all can understand and follow without any loopholes to leak through. Those who abduct children do so to rape, murder, control, enslave, torture, and possess. Implications of the crime are that the child is extremely afraid and traumatized. This child, provided they escape or survive the ordeal may either withdraw into themselves, or they may begin to act out violently in order to try to regain their own power over themselves in compensation for that which was lost during the abduction. Other implications could be that this child could have been so traumatized that they turn themselves to the same sorts of criminal violent behavior that they experienced in an attempt to lash out at the society that did not protect them. A child who has been abducted becomes a very delicate psyche. The child must immediately upon rescue or release be given substantial counseling in order to help them to cope with the trauma. Without this the above mentioned issues may occur. Another implication of the kidnapped child is the Stockholm syndrome, where the child actually develops an affinity or affection for their abductor. They may actually begin to appreciate the dilemma that the kidnapper is in and sympathize with their plight, forgetting that they, themselves, are not in any condition to provide sympathy. Sometimes an abducted rape victim can even begin to develop a stronger emotional bond, and choose to protect their captor instead of turning them in. They may lie when witnessing at trial to protect their “love.” Policy needs to be extremely strong. The kidnapper should be punished within the laws and restrictions, and the children should be counseled to ensure a smooth transition back into society unscathed from their ordeal. The child needs to be talked to in order to ensure that they
Criminology II Final Project, pg 6 have not built up a relationship with their kidnapper, that they are safe and feeling fine with themselves. The counselors should be wary of a child who does not seem to show much emotion as well because they are potentially heading toward a criminal life of their own because of the psychological effects of the abduction. It is imperative that society and law enforcement work with diligence to reduce and potentially eliminate this violent and psychologically harmful crime against our innocent children.
Criminology II Final Project, pg 7 References: Barics, J.D. (2008). Parental kidnapping prevention act, Public Law 96-611, 96th Congress 28 U.S.C. 1738A, Divorce and Family Law, retrieved on March 4, 2008 from http://www.jdbar.com/Statutes/pkpa.html. Flores, R. (2002. National Incidence Studies of Missing, Abducted, Runaway and Thrownaway Children, NISMART, http://www.ncjrs.gov/pdffiles1/ojjdp/196465.pdf. Insure.com (2001). Kidnap and ransom insurance to the rescue, Insure.com, NISSENBAUM, G. (1994). Missing and exploited children comprehensive action program, S.P.A.R.C., PUBLIC ADMINISTRATION SERVICE, Special Projects Office 2101 Wilson Boulevard, Suite 135, Arlington, Virginia retrieved on March 4, 2008 from http://www.deltabravo.net/custody/kidnap2.php. Owen, D. (2004). The science and psychology of profiling, Criminal Minds, Barnes & Noble Books, New York. Siegel, L. (2007). Theories, patterns and typologies, Criminology, 9th Edition, Thompson Wadsworth, Belmont, Ca.