FACTOID # 113: In Denmark, more than 50% of the tax collected is personal income tax. In the Netherlands, personal income tax makes up less than 15%.
 
 Home   Encyclopedia   Statistics   Countries A-Z   Flags   Maps   Education   Forum   FAQ   About 
 
WHAT'S NEW
RELATED ARTICLES
People who viewed "Blackmail" also viewed:
RECENT ARTICLES
More Recent Articles »
 

SEARCH ALL

FACTS & STATISTICS    Advanced view

Search encyclopedia, statistics and forums:

 

 

(* = Graphable)

 

 


Encyclopedia > Blackmail
Criminal law in English law
Part of the common law series
Classes of crimes
Summary  · Indictable
Hybrid offence  · Regulatory offences
Lesser included offence
Elements of crimes
Actus reus  · Causation
Mens rea  · Intention (general)
Intention in English law  · Recklessness
Criminal negligence  · Corporate liability
Vicarious liability  · Strict liability
Omission  · Concurrence
Ignorantia juris non excusat
Inchoate offences
Incitement  · Conspiracy
Accessory  · Attempt
Common purpose
Defences
Consent  · Diminished responsibility
Duress
M'Naghten Rules  · Necessity
Provocation
Self-defence
Crimes against the person
Common assault  · Battery
Actual bodily harm  · Grievous bodily harm
Offences Against The Person Act 1861
Murder  · Manslaughter
Corporate manslaughter  · Harassment
Public order and crimes against property
Criminal Damage Act 1971
Malicious Damage Act 1861
Public Order Act 1986
Public nuisance
Crimes of dishonesty
Theft Act 1968  · Theft  · Dishonesty
Robbery  · Burglary  · TWOC
Deception  · Deception offences
Blackmail  · Handling
Theft Act 1978  · Forgery
Fraud Act 2006  · Computer crime
Sexual crimes
Rape  · Kidnapping
Crimes against justice
Bribery  · Perjury
Obstruction of justice
See also Criminal Procedure
Criminal Defences
Other areas of the common law
Contract law  · Tort law  · Property law
Wills and trusts  · Evidence
Portals: Law  · Criminal justice

Blackmail is the act of threatening to reveal information about a person, or even do something to destroy the threatened person, unless the blackmailed target fulfills certain demands. This information is usually of an embarrassing or socially damaging nature. Blackmail is the act of threatening to reveal information about a person unless a monetary demand is met. ... Image File history File links Emblem-important. ... Image File history File links This is a lossless scalable vector image. ... English law is a formal term of art that describes the law for the time being in force in England and Wales. ... This article concerns the common-law legal system, as contrasted with the civil law legal system; for other meanings of the term, within the field of law, see common law (disambiguation). ... In many common law jurisdictions (e. ... A hybrid offence or dual offence are the special offences in Canadian criminal law where the prosecution may choose whether to proceed with a summary offence or an indictment. ... Regulatory offences are a class of crime in which the standard for proving culpability has been lowered so as not to require any fault elements. ... A lesser included offense, in criminal law, is a crime for which all of the elements necessary to impose liability are also elements found in a more serious crime. ... Actus reus is the action (or inaction, in the case of criminal negligence and similar crimes which are sometimes called acts of omission) which, in combination with the mens rea (guilty mind), produces criminal liability in common law based criminal law jurisdictions such as the United States, United Kingdom. ... Causation is the bringing about of a result, and in law it is an element in various tests for legal liability. ... The mens rea is the Latin term for guilty mind used in the criminal law. ... In the criminal law, intention is one of the three general classes of mens rea necessary to constitute a conventional as opposed to strict liability crime. ... In English criminal law, intention is one of the types of mens rea (Latin for guilty mind) that, when accompanied by an actus reus (Latin for guilty act) constitutes a crime. ... In the criminal law, recklessness (sometimes also termed willful blindness which may have a different meaning in the United States) is one of the three possible classes of mental state constituting mens rea (the Latin for guilty mind). To commit an offence of ordinary as opposed to strict liability, the... Criminal negligence, in the realm of criminal common law, is a legal term of art for a state of mind which is careless, inattentive, neglectful, willfully blind, or reckless; it is the mens rea part of a crime which, if occurring simultaneously with the actus reus, gives rise to criminal... In the criminal law, corporate liability determines the extent to which a corporation as a fictitious person can be liable for the acts and omissions of the natural persons it employs. ... The legal principle of vicarious liability applies to hold one person liable for the actions of another when engaged in some form of joint or collective activity. ... In criminal law, strict liability is liability where mens rea (Latin for guilty mind) does not have to be proved in relation to one or more elements comprising the actus reus (Latin for guilty act) although intention, recklessness or knowledge may be required in relation to other elements of the... In the criminal law, an omission or failure to act will constitute an actus reus (Latin for guilty act) and give rise to liability only when the law imposes a duty to act and the defendant is in breach of that duty. ... For other uses, see concurrency. ... Ignorantia juris non excusat or Ignorantia legis neminem excusat (Latin for ignorance of the law does not excuse) is a public policy holding that a person who is unaware of a law may not escape liability for violating that law merely because he or she was unaware of its content... An inchoate offence is the crime of preparing for or seeking to commit another crime. ... In English criminal law, incitement is an anticipatory common law offence and is the act of persuading, encouraging, instigating, pressuring, or threatening so as to cause another to commit a crime. ... In the criminal law, a conspiracy is an agreement between natural persons to break the law at some time in the future, and, in some cases, with at least one overt act in furtherance of that agreement. ... An accessory is a person who assists in or conceals a crime, but does not actually participate in the commission of the crime. ... The crime of attempt occurs when a person does an act amounting to more than mere preparation for a criminal offense, with specific intent to commit a crime, if that act tends but fails to effect the commission of the offense intended. ... In criminal law, the doctrine of common purpose, common design or joint enterprise refers to the situation where two or more people embark on a project with a common purpose that results in the commission of a crime. ... In the criminal law, consent may be an excuse and prevent the defendant from incurring liability for what was done. ... For the law in other criminal jurisdictions, see diminished responsibility. ... For a general discussion of the principles, see duress In English law, duress is a defence which allows a limited excuse in favour of those who commit crimes because they are forced or compelled to do so against their will by the threats of another. ... The MNaghten Rules are used to establish insanity as an excuse to potential criminal liability, but the definitional criteria establish insanity in the legal and not the psychological sense. ... For the discussion on general principles and policy, see necessity In English law, the defence of necessity recognises that there may be situations of such an overwhelming urgency, that a person must be allowed to respond by breaking the law. ... For an description of the general principles, see provocation (legal). ... In English criminal law, the defence of self-defence provides for the right of people to act in a manner that would be otherwise unlawful in order to preserve the physical integrity of themselves or others or to prevent any crime. ... In criminal law, a common assault is a crime when the defendant either puts another in fear of injury or actually commits a battery. ... This article does not cite any references or sources. ... Actual Bodily Harm (often abbreviated to ABH) is a type of criminal assault defined under English law. ... Grievous bodily harm or GBH is a phrase used in English criminal law which was introduced in ss18 and 20 Offences Against The Person Act 1861. ... The Offences Against the Person Act 1861 (OAP, 24 & 25 Victoria, Cap. ... Corporate manslaughter is a term in English law for an act of homicide committed by a company. ... Harassment refers to a wide spectrum of offensive behavior. ... Under English law, the Criminal Damage Act 1971 is the main statute covering damage to property. ... The Malicious Damage Act of 1861 is a law now mostly concerned with damage to property in the transport sector of society. ... The Public Order Act 1986 creates offences commonly used by United Kingdom police to deal with public disorder and violence: Section 1: Riot Section 2: Violent Disorder Section 3: Affray Section 4: Fear or Provocation of Violence Section 4a: Intentional Harassment, Alarm or Distress Section 5: Harassment, Alarm or Distress... Nuisance is a common law tort. ... The Theft Act 1968 (1968 c. ... Everyday instance of theft: the bike which fits on this wheel has disappeared. ... Dishonesty is a term which in common usage may be defined as the act of being dishonest; to act without honesty; a lack of probity, to cheat, lying or being deliberately deceptive; lacking in integrity; to be knavish, perfidious, corrupt or treacherous; charlatanism or quackery. ... TWOC is an acronym standing for Taken Without Owners Consent. ... For the purposes of English law, deception is defined in s15(4) Theft Act 1968 and applies to the deception offences in the Theft Act 1968, and to the Theft Act 1978 and the Theft (Amendment) Act 1996. ... In English law, the main deception offences are defined in the Theft Act 1968 (TA68), the Theft Act 1978 and the Theft (Amendment) Act 1996. ... For the turning characteristics of land vehicles, see Car handling. ... The Theft Act 1978 supplemented the earlier deception offences in English law contained in sections 15 and 16 of the Theft Act 1968 by reforming some aspects of those offences and adding new provisions. ... Forgery is the process of making or adapting objects or documents (see false document), with the intention to deceive. ... The Fraud Act 2006 (2006 c. ... Kataar ma bar farar sharererer poo doo kaka po po Computer crime, cybercrime, e-crime, hi-tech crime or electronic crime generally refers to criminal activity where a computer or network is the tool, target, or place of a crime. ... Bribery is a crime implying a sum or gift given alters the behaviour of the person in ways not consistent with the duties of that person. ... Perjury is the act of lying or making verifiably false statements on a material matter under oath or affirmation in a court of law or in any of various sworn statements in writing. ... Modern Obstruction of Justice, in a common law state, refers to the crime of offering interference of any sort to the work of police, investigators, regulatory agencies, prosecutors, or other (usually government) officials. ... Criminal procedure refers to the legal process for adjudicating claims that someone has violated the criminal law. ... A contract is any promise or set of promises made by one party to another for the breach of which the law provides a remedy. ... In the common law, a tort is a civil wrong for which the law provides a remedy. ... This article or section does not cite any references or sources. ... In the common law, a will or testament is a document by which a person (the testator) regulates the rights of others over his property or family after death. ... The law of trusts and estates is generally considered the body of law which governs the management of personal affairs and the disposition of property of an individual in anticipation and the event of such persons incapacity or death, also known as the law of successions in civil law. ... The law of evidence governs the use of testimony (e. ...


In a broader sense, blackmail is an offer to refrain from any action which would be legal or normally allowed, and is thus distinguished from extortion. Extortion is a criminal offense, which occurs when a person either obtains money, property or services from another through coercion or intimidation or threatens one with physical harm unless they are paid money or property. ...


The word is derived from the word for tribute paid by English and Scottish border dwellers to Border Reivers in return for immunity from raids. This tribute was paid in goods or labour (reditus nigri, or "blackmail"): the opposite is blanche firmes or reditus albi, or "white rent" (denoting payment by silver). See also Border Reivers (Rugby) and Border Reivers (game); or Reavers for other varieties of brigand. ...

Contents

English law

Under s21(1) of the Theft Act 1968 of English law, a person commits the offence: The Theft Act 1968 (1968 c. ... English law is a formal term of art that describes the law for the time being in force in England and Wales. ...

if, with a view to gain for himself or another or with intent to cause loss to another, he makes any unwarranted demand with menaces; and for this purpose a demand with menaces is unwarranted unless the person making it does so in the belief:
(a) that he has reasonable grounds for making the demand; and
(b) that the use of the menaces is a proper means of reinforcing the demand.

The Act uses the word "menaces" which is considered wider in scope than "threat" and involves a warning of any consequences known to be considered unpleasant by the intended victim. This covers the spectrum from actual or threatened violence to the victim or others, through damage to property, to the disclosure of information. Homosexuals have frequently been subjected to blackmail, even though homosexuality is no longer illegal. [citations needed] In theory, this is becoming less of a threat as homosexuality, transsexualism and other non-standard sexualities are increasingly acceptable in society. But, in reality, the question is whether the individual is already "out". If their sexuality is already public knowledge, intended victims should not feel threatened by a menace to make another disclosure. The test is based on the victim's state of mind. If he or she is only known within a limited community, a menace to disclose to parents or, possibly, employers, could be considered threatening. Other pretexts for blackmail have included the threat to reveal adultery or criminal acts. But whatever the nature of the menace, it must be direct. Any vague threat to cause "something bad" to happen to some other person, except when certain demands are met, should not affect the mind of an ordinary person. For other uses, see Violence (disambiguation). ... Under English law, the Criminal Damage Act 1971 is the main statute covering damage to property. ... Since its coinage, the word homosexuality has acquired multiple meanings. ... Look up Transsexualism in Wiktionary, the free dictionary. ... For other uses, see Society (disambiguation). ... A community is a social group of organisms sharing an environment, normally with shared interests. ... Employment is a contract between two parties, one being the employer and the other being the employee. ... This article is about the act of adultery. ... Intimidation is generally used in the meaning of criminal threatening. ...


Commercial blackmail has become more common. This arises when a large commercial organisation receives credible information that it will suffer loss or damage in a particular way unless money is transferred. There are two major areas of threat:

  • denial of service attacks target corporations that have a major presence on the internet. Disrupting the portal through which on-line sales are made could seriously affect the corporation's revenue flow and demonstrating an ability to orchestrate consistent attacks may well represent a sufficient menace for these purposes; and
  • introducing poisons or other dangerous chemicals into the products offered for sale in a supermarket or other large store could significantly damage retail sales, or influence a manufacturer or national distributor. For example, a blackmailer threatened Masterfoods Corporation, the company that manufactures Mars Bars in Australia, claiming to have poisoned seven Mars and Snickers bars at random in New South Wales.

(See also protection racket.) A denial-of-service attack (also, DoS attack) is an attack on a computer system or network that causes a loss of service to users, typically the loss of network connectivity and services by consuming the bandwidth of the victim network or overloading the computational resources of the victim system. ... For other uses, see Corporation (disambiguation). ... For information regarding portals on Wikipedia, see Wikipedia:Portal. ... The skull and crossbones symbol (Jolly Roger) traditionally used to label a poisonous substance. ... Packaged food aisles in a Fred Meyer store in Portland, Oregon A supermarket is a departmentalized self-service store offering a wide variety of food and household merchandise. ... Mars bar (UK style) The Mars Bar is a chocolate bar manufactured by Mars Incorporated. ... “NSW” redirects here. ... A protection racket is an extortion scheme whereby a powerful organization coerces individuals or businesses to pay protection money which allegedly serves to purchase the organizations protection services against various external threats, whereas the actual threat comes from the organization itself. ...


Lawful means

Many debt collectors have been accused of blackmail, but those pursuing legal debts are generally able to justify their threats of repossession because, even though unpleasant to the victim, this is a legitimate use of lawful civil law remedies. By contrast, those chasing illegal debts (a gambling debt, for example, which was not until recently enforceable under English law) who back up their demands with the threat of bodily injury cannot avail themselves of the same defence. There will also be liability even though the debts are legally owed if the menaces are of a criminal nature, e.g. of an assault or more serious violence or criminal damage. The offence criminalises the means adopted by the creditors as the social problem to be deterred, rather than the evasion by the debtors. The creditors are expected to use the standard judicial remedies to recover what is owing. In law, a Judicial remedy is the means by which a court, usually in the exercise of civil law jurisdiction, enforces a right, imposes a penalty, or makes some other court order. ...


The maximum sentence under the terms of the Act is life imprisonment; this reflects the gravity of the offence, which can destroy a person's reputation, personal life and livelihood.


If the elements of blackmail are not made out and the defendant has acquired a vehicle, a charge under s12 Act 1968 may be preferred, see TWOC. It is well with my soul in the mighty name of Jesus. Amen TWOC is an acronym standing for Taken Without Owners Consent. ...


See also

Spy and Secret agent redirect here. ... Usury (from the Latin usus meaning used) was defined originally as charging a fee for the use of money. ... Nuclear blackmail is a term used in nuclear strategy to refer to the threat of use of nuclear weapons to force an adversary to perform some action, hence a type of extortion. ... The FBI Files on Elvis Presley include records kept by the Federal Bureau of Investigation concerning Elvis Presley. ...

References

  • Allen, Michael. Textbook on Criminal Law. Oxford University Press: Oxford. (2005) ISBN 0-19-927918-7.
  • Criminal Law Revision Committee. 8th Report. Theft and Related Offences. Cmnd. 2977
  • Griew, Edward. Theft Acts 1968 & 1978, Sweet & Maxwell: London. ISBN 0-421-19960-1
  • Ormerod, David. Smith and Hogan Criminal Law, LexisNexis: London. (2005) ISBN 0-406-97730-5
  • Smith, J. C. Law of Theft, LexisNexis: London. (1997) ISBN 0-406-89545-7

  Results from FactBites:
 
Blackmail - Wikipedia, the free encyclopedia (789 words)
In a broader sense, flmail is an offer to refrain from any action which would be legal or normally allowed, and is thus distinguished from extortion.
Many debt collectors have been accused of flmail, but those pursuing legal debts are generally able to justify their threats of repossession because, even though unpleasant to be victim, this is the legitimate use of lawful civil law remedies.
Blackmail is often used in espionage to recruit or suborn spies.
Blackmail (1929 film) - Wikipedia, the free encyclopedia (533 words)
Blackmail (1929), directed by Alfred Hitchcock, was one of the first British films with sound.
While the talkie version of this film is most famous and is the one generally available for home viewing, a completed silent version of Blackmail was released in 1929 shortly after the talkie version hit theaters.
In fact, the silent version of Blackmail actually ran longer in theaters and proved more popular in its time, largely because most theaters in England were not yet equipped for sound at the time of the film's release.
  More results at FactBites »


 

COMMENTARY     


Share your thoughts, questions and commentary here
Your name
Your comments
Please enter the 5-letter protection code

Want to know more?
Search encyclopedia, statistics and forums:

 


Lesson Plans | Student Area | Student FAQ | Reviews | Press Releases |  Feeds | Contact
The Wikipedia article included on this page is licensed under the GFDL.
Images may be subject to relevant owners' copyright.
All other elements are (c) copyright NationMaster.com 2003-5. All Rights Reserved.
Usage implies agreement with terms.