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carjack

 
Dictionary: car·jack or car-jack (kär'jăk') pronunciation
tr.v., -jacked, or -jacked, -jack·ing, or -jack·ing, -jacks, or -jacks.
To commit forcible theft of (a vehicle) from its users.

[CAR + (HI)JACK.]

carjacker car'jack'er n.

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Law Encyclopedia: Car-Jacking
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This entry contains information applicable to United States law only.

The criminal taking of a motor vehicle from its driver by force, violence, or intimidation.

Car-jacking incidents emerged in increasing numbers in the 1980s and 1990s, after their initial appearance in Detroit. Because the crime is often reported as an auto theft, armed robbery, assault and battery, or homicide, statistics on it are not accurate. According to the Federal Bureau of Investigation (FBI), 19,000 car-jackings were reported in 1991 and 21,000 in the first ten months of 1992. The FBI believes that these figures represent only about one-third of the car-jackings that actually occur in the United States each year. According to the United Press International (UPI), car-jacking attempts in the United States averaged 35,000 a year between 1987 and 1992. This figure includes successful as well as attempted but unsuccessful car-jackings. Lending support to the contention that car-jacking is a violent crime, the UPI's statistics show that guns were used in 59 percent of all car-jackings.

In the early 1990s, car-jackers began targeting older people, women, and tourists — groups of conspicuous vulnerability. The makes and models of the cars targeted for car-jacking vary from city to city — and it is not only the expensive, top-of-the-line cars that are taken but also older and less pricey automobiles. This may be because car-jackings are more crimes of opportunity than of premeditation. Car-jackers simply wait for an unaware driver, an open window, or an unlocked door.

Car-jacking was formally introduced to Congress during its spring 1992 session by Representative Charles E. Schumer (D-N.Y.). Over the next several months, a new law involving the crime was discussed and developed into the Anti-Car Theft Act of 1992 (18 U.S.C.A. § 2119). The focus was not entirely on car-jacking, but rather on car theft, which had become the number one property crime in the United States, with automobiles constituting more than 50 percent of the property U.S. citizens lost to theft.

In the fall of 1992, Pamela Basu and her twenty-two-month-old daughter were car-jacked in Maryland. Basu was forced from her car by two men and, in a struggle to keep her daughter from being hurt, became caught in the seat belt outside the car. She was dragged almost two miles before she was freed from the seat belt; her daughter, still in her car seat, was thrown from the vehicle a short time later. Basu died of massive internal injuries; her daughter was physically unharmed. The publicity surrounding this crime helped fuel the movement that led to the passage of a provision in the Anti-Car Theft Act of 1992 that made car-jacking a federal offense.

President George Bush signed the act into law on October 25, 1992. The statute's provision regarding car-jacking was as follows:

Whoever, possessing a firearm, as defined in section 921 of this title, takes a motor vehicle that has been transported, shipped or received in interstate or foreign commerce from the person or presence of another by force and violence or by intimidation, or attempts to do so, shall — 1) be fined under this title or imprisoned not more than 15 years, or both. 2) If serious bodily injury … results, be fined under this title or be imprisoned not more than 25 years, or both, and 3) if death results, be fined under this title or imprisoned for any number of years up to life, or both.

Within a few months of its passage, the federal car-jacking statute was challenged under the Double Jeopardy Clause of the U.S. Constitution. According to the Fifth Amendment, no person shall "be subject for the same offence to be twice put in jeopardy of life or limb," meaning that no one can be tried twice for the same crime. After the car-jacking statute was passed, people who used a firearm during the commission of a car-jacking were not only subject to punishment under that statute but also faced mandatory punishment under 18 U.S.C.A. § 924(c), which outlaws the use or carrying of a firearm in relation to a violent crime. The issue came to a head in United States v. Singleton, 16 F.3d 1419 (5th Cir. 1994), when the presiding judge ruled that both the firearm portion of the car-jacking statute and the gun statute proscribed the same conduct, and Congress had not shown that it would impose cumulative punishment under these two statutes. Therefore, the gun count in the car-jacking statute violated the Double Jeopardy Clause.

Within several months of Singleton, amendments to the car-jacking portion of the Anti-Car Theft Statute were debated in the House of Representatives and Senate. The result was a provision in the Violent Crime Control and Law Enforcement Act of 1994, 42 U.S.C.A. et seq., Pub. L. No. 104-126, which was signed by President Bill Clinton. The provision made two significant amendments to 18 U.S.C.A. § 2119. The first was that a death sentence can be handed down in cases where a car-jacking victim is killed. The second was that "possessing a firearm, as defined under section 921 of this title" was deleted and replaced with "with the intent to cause death or serious bodily harm." This removed the double jeopardy problem identified in Singleton.

Although car-jacking has been made a federal crime, several states also have legislation on the subject. One is Florida, which has a big tourist industry. In the late 1980s and early 1990s, an increasing number of tourists, most of them foreign, were victims of car-jackings in Florida. Because tourists in well-marked rental cars were common car-jacking victims, Florida passed legislation in 1993 (F.S.A. § 320.0601) that outlawed company logos and license plates that made rental and leased cars obvious. Florida's legislators felt that tourists warranted this extra protection for three main reasons. First, tourists are, more often than not, unfamiliar with the area and are more likely to become lost or end up in a high-crime area. Second, tourists often carry more cash than natives, which makes them prime robbery targets. And finally, fewer tourists are likely to return and testify in court about a crime. By granting tourists the right to drive unmarked rental cars, Florida made them less vulnerable to the crime of car-jacking.

WordNet: carjack
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Note: click on a word meaning below to see its connections and related words.

The verb has one meaning:

Meaning #1: take someone's car from him by force


Wikipedia: Carjacking
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Contents

Carjacking is a form of hijacking, where the crime is of stealing a motor vehicle and so also armed assault when the vehicle is occupied. Historically, such as in the rash of semi-trailer truck hijackings during the 1960s, the general term hijacking was used for that type of vehicle abduction, which did not often include kidnapping of the driver. During the later day car theft crime[clarification needed], typically, the carjacker is armed, and the driver is forced out of the car with the threat of bodily injury. In other rarer cases, the driver is kidnapped under the assault by a weapon and is retained as a passenger under duress, or made to drive his or her abductor. Women are particularly victimized in this later method. The word is a portmanteau of car and hijacking.

Discussion

The crime is extremely hazardous, threatening the physical safety of both the carjacker and the victim. To secure the car, the carjacker may sometimes shoot the victim or physically push/pull the victim out of the driver's seat to force him or her out of the car.

Carjackings in the world

South Africa

A sign in South Africa warning drivers

Carjacking is a significant problem in South Africa, where it is called hijacking; there are some roadsigns warning people that certain areas are hotspots. There were 16,000 carjackings in one year (18 times the American rate per capita), and 60 murders a year resulting from these.[citation needed]

In the late 1990s and early 2000s, several new, unconventional anti-carjacking systems designed to harm the attacker were developed and marketed in South Africa, where carjacking had become such a serious problem that they faced little resistance from local police and judiciary bodies.[1] Among these was the now defunct Blaster, a small flame thrower that could be mounted to the underside of a vehicle.[2]

Sweden

Carjackings became more common in Sweden where it most appeared in places like Gothenburg and Stockholm around 2001-2002.[citation needed]

United Kingdom

English law has three levels of offense under the Theft Act 1968, each pertaining to the mens rea (Latin for "guilty mind") and the degree of violence used. The least serious is TWOC, which covers any unauthorized taking of a "conveyance", s1 theft applies when the carjacker intends to permanently deprive the owner of property, and violent carjacking is an aggravated form of theft under §8 robbery.[citation needed] Amid increasing carjacking cases in the UK, there has been some discussion whether specific carjacking laws are necessary. The current view is that all aspects of the offense are covered in the law, whether as road traffic offenses, public order offenses, the use of weapons and firearms, etc., and there is no benefit in consolidating all the elements in one offense.[citation needed]

United States

In the United States, a law was passed in 1992 making carjacking a federal crime. This occurred amidst great media attention into the apparent spate of carjacking thefts, several of which resulted in homicides. The November 29, 1992, killing of two Osceola County[clarification needed] men by carjackers using a stolen 9mm pistol resulted in the first Federal prosecution of a fatal carjacking.[3]

The United States Department of Justice estimates that in about half of all carjacking attempts, the attacker succeeds in stealing the victim's car. It's estimated that, between 1987 and 1992, about 35,000 carjacking attempts took place per year; and, between 1992 and 1996, about 49,000 attempts took place per year.[citation needed]

Many U.S. states, such as Louisiana and Arizona, include defending oneself against forcible entry of one's motor vehicle as part of their definition of justifiable homicide.[4][5][6]

History

The first known carjacking took place on the open road in March 1912. The Bonnot Gang targeted a luxury Dion Bouton in the Senart Forest, between Paris and Lyon, France. The armed chauffeur and young secretary in the vehicle were killed.[citation needed]

Carjacking in popular culture

See also

References

  1. ^ http://transportation.frost.com/prod/servlet/market-insight-top.pag?docid=JSAA-5NCK62&ctxixpLink=FcmCtx25&ctxixpLabel=FcmCtx26.
  2. ^ http://www.cnn.com/WORLD/africa/9812/11/flame.thrower.car/
  3. ^ "YOUTHS STEAL GUNS TO STEAL YOUTHS' LIVES - THE GUN USED IN THE NATION'S FIRST FEDERAL CARJACKING CASE WAS BOUGHT LEGALLY, - THEN STOLEN. IT IS AN EVER-INCREASING PHENOMENON.." THE ORLANDO SENTINEL 30 Jan. 1994, 3 STAR, LOCAL & STATE: B1. NewsBank America's Newspapers. Dallas Public Library, Dallas, TX. retrieved on 10 Aug. 2009. <http://infoweb.newsbank.com> available at <http://docs.newsbank.com/s/InfoWeb/aggdocs/NewsBank/0EB4F19656C2BBB7/0FC00B934DD580D0>
  4. ^ http://www.law.wustl.edu/journal/55/109.pdf
  5. ^ http://www.articles.latimes.com/1997/aug/14/news/mn-22319
  6. ^ http://www.azleg.state.az.us/FormatDocument.asp?inDoc=/ars/13/00419.htm&Title=13&DocType=ARS

External links


Translations: Carjacking
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Dansk (Danish)
n. - donkraft

Français (French)
n. - vol de voiture (avec attaque du conducteur)

Deutsch (German)
n. - Autoentführung

Ελληνική (Greek)
n. - πειρατεία αυτοκινήτου, ληστεία οδηγού αυτοκινήτου

Italiano (Italian)
dirottamento d'auto

Português (Portuguese)
n. - roubo (m) de carros

Русский (Russian)
угон автомобиля

Español (Spanish)
n. - asalto a un automovilista en su propio vehículo

Svenska (Swedish)
n. - domkraft

中文(简体)(Chinese (Simplified))
汽车劫持

中文(繁體)(Chinese (Traditional))
n. - 汽車劫持

한국어 (Korean)
n. - 노상에서 자동차 털기

日本語 (Japanese)
v. - 車を強盗する

עברית (Hebrew)
n. - ‮חטיפת מכונית, שוד מכונית‬


 
 

 

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Dictionary. The American Heritage® Dictionary of the English Language, Fourth Edition Copyright © 2007, 2000 by Houghton Mifflin Company. Updated in 2009. Published by Houghton Mifflin Company. All rights reserved.  Read more
Law Encyclopedia. West's Encyclopedia of American Law. Copyright © 1998 by The Gale Group, Inc. All rights reserved.  Read more
WordNet. WordNet 1.7.1 Copyright © 2001 by Princeton University. All rights reserved.  Read more
Wikipedia. This article is licensed under the Creative Commons Attribution/Share-Alike License. It uses material from the Wikipedia article "Carjacking" Read more
Translations. Copyright © 2007, WizCom Technologies Ltd. All rights reserved.  Read more