False allegation of child abduction

Cases in which a child has been falsely reported as missing or abducted can be extremely challenging to the law enforcement agencies responsible for their investigation. In the absence of a witnessed abduction or an obvious crime scene, it is difficult to determine whether a child has actually been abducted or has become a victim of a homicide and a false allegation. The purpose of this study was to examine falsely alleged kidnapping cases and identify successful investigative strategies. Sixty-one adjudicated false allegation cases involving 66 victims were analyzed. The mean age of the victim was 5 years. Victims came from generally unstable, high-risk family situations and were killed primarily by biological parents. Victims were killed because they were unwanted or viewed as an obstacle to a desired goal, or they were victims of abuse or maltreatment that ended in fatality.     

Domestic violence and child participation: contemporary challenges for the 1980 hague child abduction convention

ABSTRACT

This article addresses two contemporary challenges for the 1980 Hague Child Abduction Convention: (i) domestic violence and (ii) child participation. It also outlines three components of a global socio-legal policy and research initiative undertaken to address these issues and, where relevant, their intersection. The published literature on these topics, including the children’s objections exception, is explored, as are the ways in which these challenges are addressed within some of the 101 Contracting States to the Convention and through the Guide to Good Practice on Article 13(1)(b) of the Convention. Regard is paid to the data provided by the statistical analysis of applications made under the Convention in 2015 by Lowe and Stephens, and the changes which will occur once the Recast of The European Brussels 11a Regulation comes into operation. The likely impact for 1980 Hague Convention abduction proceedings of the UK having left the European Union at 23.00 GMT on 31 January 2020 is contemplated. Other current international initiatives are discussed, including the development of a child-friendly version of the Convention through The International Association of Child Law Researchers. Training is a key to changing attitudes and upskilling family justice professionals to ensure the Convention operates in a fully child-centric way. This will maintain and strengthen the Convention by keeping it ‘fit for purpose’.     

THE HAGUE CONVENTION ON INTERNATIONAL CHILD ABDUCTION AND THE GRAVE RISK OF HARM EXCEPTION

International child abduction is a problem that affects families around the world. The Hague Convention on the Civil Aspects of International Child Abduction was instituted to ensure that abducted children are promptly and safely returned home. Although the goal has been met, recent decisions and their use of Article 13(b) have limited the return of children to Israel on the premise that political turmoil and increased incidences of terrorist attacks constitute war. Although few would dispute that the recent escalation of terrorist attacks in Israel is troublesome, these incidences do not rise to the level of war. Such interpretations of Article 13(b) is too broad and undermines the Convention's policies. Unfortunately, in the global post-September 11th climate, terror attacks are inevitable throughout the world. In light of this harsh reality, courts must not be quick to declare that a country is a zone of war absent clear and convincing evidence.     

Child abduction murder: the impact of forensic evidence on solvability

This study examined 733 child abduction murders (CAMs) occurring from 1968 to 2002 to explore the influence of forensic evidence on case solvability in CAM investigations. It was hypothesized that the presence of forensic evidence connecting the offender to the crime would enhance case solvability in murder investigations of abducted children. This study examined the impact of CAM of different types of forensic evidence and the impact of the summed total of forensic evidence items on case solvability by controlling for victim age, victim race, victim gender, and victim-offender relationship. Time and distance theoretical predictors were also included. Binomial logistic regression models were used to determine whether forensic evidence was a critical solvability factor in murder investigations of abducted children. This research indicated that, while forensic evidence increased case solvability, the impact of forensic evidence on solvability was not as important as other solvability factors examined.     

Empirical evidence for AMBER alert as crime control theater: a comparison of student and community samples

While the AMBER Alert system is intended to facilitate the rescue of abducted children, it has practical and psychological limitations. Participants indicated their emotions and perceptions about Alerts before and after reading a vignette that manipulated details about a child abduction. Results indicate that the Alert system fits some criteria of Crime Control Theater (CCT). CCT polices are emotion-based legal actions that appear to address crime but fail to do so and have unintended consequences. Participants experienced panic about child abduction and believed the system is an effective tool which should be used no matter the unintended consequences. Emotions and panic positively related to perceptions of the system. Still, perceptions were not particularly positive, indicating that some participants recognize the system's limitations. Female and community participants generally had more positive perceptions than males and students, especially when experiencing high emotions or panic. Reading about an abduction reduced emotions overall and led to more positive perceptions (but only in the ‘AMBER Alert success’ condition). Reading about an ‘Alert failure’ did not affect perceptions. Results highlight the role of emotion in shaping perceptions of the system. As with other CCT policies, lawmakers should rely less on community sentiment and more on science when adopting legislation.     

Analyzing the Psychological and Social Contents of Evidence—Experimental Comparison between Guessing,Naturalistic Observation,and Systematic Analysis

To improve inferences about psychological and social evidence contained in pictures and texts, a five‐step algorithm—Systematic Analysis (SA)—was devised. It combines basic principles of interpretation in forensic science, providing a comprehensive record of signs of evidence. Criminal justice professionals evaluated the usefulness of SA. Effects of applying SA were tested experimentally with 41 subjects, compared to 39 subjects observing naturally (naturalistic observation) and 47 subjects guessing intuitively intuitive guessing group. After being trained in SA, prosecutors and police detectives (N = 217) attributed it a good usefulness for criminal investigation. Subjects (graduate students) using SA found significantly more details about four test cases than those observing naturally (Cohen's d = 0.58). Subjects who learned SA well abducted significantly better hypotheses than those who observed naturally or who guessed intuitively. Internal validity of SA was α = 0.74. Applying SA improved observation significantly and reduced confirmation bias.     

对当前预防和打击拐卖儿童犯罪的思考——昆明市公安机关预防和打击拐卖儿童犯罪专项整治分析

近年来,昆明市公安局不间断地组织专项打击整治行动,有效遏制了拐卖儿童犯罪案件的多发势头。但此类案件还是边打边发,难以有效根治。原因:1、买方市场巨大的需求,刺激着拐卖儿童犯罪的滋生与蔓延;2、城市外来务工人员违反计划生育,子女“放养”现象普遍。建议:1、从立法上加大对拐入地买方市场和买主的打击、惩处力度;2、对不履行监护职责的家长制定具体的处罚条款;3、出台打击拐卖儿童犯罪协作工作机制;4、建立全国性的失踪被拐儿童父母DNA数据库。     

Examining 19 years of officially reported child abduction incidents (1995–2013): employing a four category typology of abduction

Child abduction has generated extensive media attention due to deep-seated fear elicited by infamous incidents. Perceptions of an abduction epidemic during the 1970s and 80s entrenched a perception of ‘stranger danger’. Limited research on child abduction overemphasizes stranger abductions, which account for fewer than half of all abductions. As a result, less is known about the victim/abductor relationship across other abduction types. Prior work has emphasized simplistic stranger vs. family dichotomies, and similar trichotomies. This study, drawing on officially reported child abductions employing NIBRS datasets (N = 29,293), emphasizes differences across abductors/victims in a four category relationship-based typology, including a newer category – ‘intimate partner abductions’. Findings contribute baseline knowledge about child abductions by countering misplaced media driven fears and placing empirical findings in a more accurate context. Findings also reveal that intimate partner abductions have a unique victim/offender/incident profile and are the most serious and most consequential to adolescent female victims.