Federal Kidnapping Act

Federal Kidnapping Act
Other short titles	Lindbergh Law
Long title	An Act forbidding the transportation of any person in interstate or foreign commerce, kidnapped, or otherwise unlawfully detained, and making such act a felony.
Acronyms (colloquial)	FKA
Nicknames	Federal Kidnapping Act of 1932
Enacted by	the 72nd United States Congress
Effective	June 22, 1932
Citations
Public law	Pub.L. 72–189
Statutes at Large	47 Stat. 326
Codification
Titles amended	18 U.S.C.: Crimes and Criminal Procedure
U.S.C. sections created	18 U.S.C. ch. 55 § 1201 et seq.
Legislative history
	Introduced in the Senate as S. 1525 by Roscoe C. Patterson (R–MO) on June 3, 1932; Committee consideration by Senate Judiciary, House Judiciary; Passed the Senate on June 8, 1932 (Passed); Passed the House on July 17, 1932 (Passed); Signed into law by President Herbert Hoover on June 22, 1932[1];

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.[2]

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[3]
Arthur Gooch, who was put to death for kidnapping two police officers in Texas before releasing them unharmed in Oklahoma

References

"Federal Kidnap Act Is Signed by Hoover". The Owosso Argus-Press. AP. 1932-06-23. p. 11. Retrieved 2015-01-31.
Theoharis, Athan G. The FBI: a comprehensive reference guide, Greenwood, 1998. ISBN 978-0-89774-991-6. Page 112. Retrieved November 10, 2009
"United States of America, Plaintiff-appellee, v. Louis Jones, Defendant-appellant, 132 F.3d 232 (5th Cir. 1998)." Justia. January 5, 1998. Retrieved on March 1, 2019.

External links

Peters, Gerhard; Woolley, John T. "Herbert Hoover: "Statement on the Lindbergh Kidnaping.," May 13, 1932". The American Presidency Project. University of California - Santa Barbara.

This article is issued from Wikipedia. The text is licensed under Creative Commons - Attribution - Sharealike. Additional terms may apply for the media files.

[1] "Federal Kidnap Act Is Signed by Hoover". The Owosso Argus-Press. AP. 1932-06-23. p. 11. Retrieved 2015-01-31.

[2] Theoharis, Athan G. The FBI: a comprehensive reference guide, Greenwood, 1998. ISBN 978-0-89774-991-6. Page 112. Retrieved November 10, 2009

[USvJones5thCir1998-3] "United States of America, Plaintiff-appellee, v. Louis Jones, Defendant-appellant, 132 F.3d 232 (5th Cir. 1998)." Justia. January 5, 1998. Retrieved on March 1, 2019.