Monday, May 7, 2018

Kidnapped vs. Slavery


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The definition of Kidnapping - In criminal law, kidnapping is the unlawful carrying away and confinement of a person against his or her will.  Thus it is a composite crime.  It can also be defined as false imprisonment by means of abduction, both of which are separate crimes that when committed simultaneously upon the same person merge as the single crime of kidnapping.  The asportation/abduction element is typically buy not necessarily conducted by means of force or fear.  

Asportation - The detachment, movement or carrying away of property, considered an essential componet of the crime of larceny.

The definition of Slavery - Slavery the condition of a slave; bondage.  The condition in which one person is owned as property by another and is under the owner's control.  Slavery is any system in which principles of property law are applied to people, allowing individuals to own, buy and sell other individuals, as a de jure form of property.  A slave is unable to withdraw unilaterally from such arrangement and works without remuneration.  Scholars also use the more generic terms such as free labor or forced labor to refer to such situations.  Rather than human trafficking, like slavery in the past, is a way of demoralizing the conquered.

In the case of the Indigenous people in America; the Moors, is identifying with the definition of Slavery completely removing the ramifications of the Law concerning the the acts of Kidnapping?  Does the association of the term Slavery remove the fight of being compensated for criminal acts against a Nation being kidnapped against their own free will?  

We have to change the way we perceive a situation and the situation will change.  Knowing the Law can help expose the atrocities of a history that is being swept under the rug under a false pretense and title.  Just a little food for thought.

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