8.120 Hostage Taking (18 U.S.C. Sec. 1203(a)) is a criminal offense that involves the use of violence, force, or threats to detain a person against their will in order to compel action or gain a concession from a third party. It is punishable by up to life in prison. There are two types of hostage taking: (1) unlawful seizure or detention of a person to compel a third person or government to do something, and (2) taking of a hostage in order to facilitate the commission of a felony or flight thereafter. Hostage takers may use physical force, the threat of harm, or psychological pressure to coerce their victims.
8.120 Hostage Taking (18 U.S.C. Sec. 1203(a))
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Sample Jury Instructions from the 9th Circuit Federal Court of Appeals. http://www3.ce9.uscourts.gov/jury-instructions/
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I. California Penal Code 210.5: Hostage Taking Legal Definition: Every person who commits the offense of false imprisonment, as defined in Section 236, against a person for purposes of protection from arrest, which substantially increases the risk of harm to the victim, or for purposes of using the person as a shield.
18 U.S. Code § 1203 - Hostage Taking Law Federal hostage-taking is a serious offense punishable by up to life in prison?and if the hostage dies, it can even result in the death penalty if the defendant is convicted.
Kidnappings range from 'express kidnaps' of a short duration, where the victim may be forced to withdraw money from an ATM, to a captivity of several months. Hostage takings are usually of a short duration and are characterised by a stand-off confrontation between the offenders and security forces.
Common hostage negotiation tactics include managing the hostage taker's anxieties through active-listening techniques, such as self-disclosure, paraphrasing, and supportive remarks.
A party who seizes one or more hostages is known as a hostage-taker; if the hostages are present voluntarily, then the receiver is known as a host.
Articles on the kinds of people who take hostages 1 usually list four major types of hostage takers (HT's): 1) "Mentally disturbed" persons; 2) Criminals trapped during the com- mission of crime; 3) Prisoners who are revolting; 4) Political terrorists attempting to produce social change through the threat or use of
Hostage-takers can be grouped into three categories. Professional criminals are the easiest for the police to handle. Psychotics are unpredictable and require the involvement of psychologists or psychiatrists.
The model provides a framework of successful negotiation by analyzing and specifying the structure of previously successful negotiations. The resulting model consists of four phases, which are called Establishing Initial Dialogue, Build- ing Rapport, Influencing, and Surrender.