Friday, April 9, 2021

Federal Kidnapping Act

Following the historic Lindbergh kidnapping (the abduction and murder of Charles Lindbergh's toddler son), the United States Congress passed a federal kidnapping statute—known as the Federal Kidnapping Act, 18 U.S.C. § 1201(a)(1) (popularly known as the Lindbergh Law, or Little Lindbergh Law)—which was intended to let federal authorities step in and pursue kidnappers once they had crossed state lines with their victim. The Act became law in 1932. The theory behind the Lindbergh Law was that federal law enforcement intervention was necessary because state and local law enforcement officers could not effectively pursue kidnappers across state lines. Since federal law enforcement, such as FBI agents and U.S. Marshals, have national law enforcement authority, Congress believed they could do a much more effective job of dealing with kidnappings than could state, county, and local authorities. A provision of the law provides exception for parents who abduct their own minor children. Several states implemented their own versions of this law, known as "Little Lindbergh" laws, covering acts of kidnapping that did not cross state lines. In some states, if the victim was physically harmed in any manner, the crime qualified for capital punishment. This was what occurred in the Caryl Chessman case in California. Following the April 8, 1968 decision by the United States Supreme Court in United States v. Jackson, kidnapping alone no longer constitutes a capital offense. Convictions: -Louis Jones Jr., perpetrator of the Murder of Tracie McBride, was convicted of kidnapping resulting in death. -Arthur Gooch, who was put to death for kidnapping two police officers in Texas before releasing them unharmed in Oklahoma. -Lisa Marie Montgomery, executed 2021 for the kidnapping of Bobbie Jo Stinnett's unborn child. Montgomery cut the baby out of Stinnett's womb and left Stinnett to die.

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