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NCJRS Abstract

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NCJ Number: 68826 Find in a Library
Title: STATEMENT OF MARK M RICHARD ON JUNE 24, 1980 - CONCERNING H R 1290 BEFORE THE HOUSE SUBCOMMITTEE ON CRIME
Author(s): M M RICHARD
Corporate Author: US Dept of Justice
Asset Forfeiture and Money Laundering Section
Criminal Division
United States of America
Date Published: 1980
Page Count: 10
Sponsoring Agency: National Institute of Justice/
Rockville, MD 20849
US Dept of Justice
Washington, DC 20530
Sale Source: National Institute of Justice/
NCJRS paper reproduction
Box 6000, Dept F
Rockville, MD 20849
United States of America
Document: PDF
Language: English
Country: United States of America
Annotation: MAKING PARENTAL KIDNAPPING A FEDERAL CRIME WOULD INVOLVE THE FEDERAL BUREAU OF INVESTIGATIONS IN DOMESTIC RELATIONS AND PLACE A SEVERE STRAIN ON ITS RESOURCES.
Abstract: THE EXISTING FEDERAL KIDNAPPING STATUTE, 18 U.S.C. 1201, BY SPECIFICALLY EXCLUDING PARENTAL KIDNAPPING FROM ITS COVERAGE SHOWS THAT CONGRESS INTENDED TO KEEP FEDERAL ENFORCEMENT AUTHORITIES FROM INVOLVEMENT IN DOMESTIC RELATIONS DISPUTES. HOWEVER, THE STATUTE ENCOURAGES A PARENT WHO DOES NOT HAVE CUSTODY TO SNATCH THE CHILD FROM THE PARENT WHO DOES AND TAKE IT TO ANOTHER STATE TO RELITIGATE THE CUSTODY ISSUE IN A NEW FORUM. TO ELIMINATE THE INCENTIVE FOR CHILD SNATCHING, THE DEPARTMENT OF JUSTICE SUPPORTS THE CIVIL SECTIONS OF THE PROPOSED BILL H.R. 1290, ACCORDING TO WHICH EVERY STATE SHALL ENFORCE, AND SHALL NOT MODIFY ANY CHILD CUSTODY DETERMINATION OF THE 'HOME STATE.' ALSO, THE BILL EXPANDS THE USES OF THE PARENT LOCATOR SERVICE TO LOCATE ANY ABSENT PARENT OR CHILD IN ORDER TO ENFORCE A CHILD CUSTODY DETERMINATION. HOWEVER, SECTION 5 OF H.R. 1290 WHICH MAKES PARENTAL KIDNAPPING A FEDERAL CRIME, SHOULD BE DROPPED BECAUSE IT INVOLVES THE FEDERAL CRIMINAL JUSTICE SYSTEM IN DOMESTIC RELATIONS WHICH ARE BETTER HANDLED BY THE STATES THEMSELVES. FURTHERMORE, SINCE ITS PROVISIONS ARE UNCLEAR, THEY ARE HARD TO ENFORCE; E.G., THE PROVISION THAT IT IS AN OFFENSE TO RESTRAIN A CHILD 'WITHOUT GOOD CAUSE' WILL INVOLVE THE FBI IN WEIGHING CONFLICTING POINTS OF VIEW AND NUMEROUS LITIGATIONS. THUS, THE ADOPTION OF THE CRIMINAL SECTION OF THE BILL WILL DIVERT THE RESOURCES OF THE FBI FROM THE TRADITIONAL AREAS, SUCH AS WHITE COLLAR CRIME, PUBLIC CORRUPTION, AND ORGANIZED CRIME.
Index Term(s): Child Abduction; Child custody; Domestic relations; Federal regulations; Kidnapping; Laws and Statutes; US Department of Justice
To cite this abstract, use the following link:
http://www.ncjrs.gov/App/publications/abstract.aspx?ID=68826

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