Editing Carjacking (section)

===United States===
====Federal Anti-Car Theft Act of 1992====

{{See also|Murder of Pam Basu}}

In 1992, Congress, in the aftermath of a spate of violent carjackings (including some in which the victims were murdered), passed the Federal Anti-Car Theft Act of 1992 (FACTA), the first federal carjacking law, making it a [[federal crime]] (punishable by 15 years to [[life imprisonment]]) to use a firearm to steal "through force or violence or intimidation" a motor vehicle that had been shipped through [[interstate commerce]].<ref name="Cherbonneau"/><ref name=":0" /> The 1992 Act, codified at 18 U.S.C. § 2119, took effect on October 25, 1992.<ref name="Folks">Mike Folks, [https://web.archive.org/web/20131224112434/http://articles.sun-sentinel.com/1994-01-17/news/9401170203_1_federal-carjacking-law-carjacking-cases-pamela-basu Carjacking Law Getting Little Use: Few Prosecutions Occur Despite Increase in Number of Cases], ''Sun-Sentinel'' (January 17, 1994).</ref><ref name="18 U.S.C. § 2119">[https://www.law.cornell.edu/uscode/text/18/2119 18 U.S.C. § 2119].</ref> However, only a small number of federal prosecutions were imposed for carjacking the year after the act was enacted, in part because many federal carjacking cases were turned over to state prosecutions because they do not meet [[United States Department of Justice|U.S. Department of Justice]] criteria.<ref name="Folks"/> The Federal Death Penalty Act, part of the [[Violent Crime Control and Law Enforcement Act of 1994]], an omnibus crime bill, made sixty new federal crimes punishable by the [[Capital punishment by the United States federal government|federal death penalty]]; among these were the killing of a victim in the commission of carjacking.<ref name="Cherbonneau"/><ref name="18 U.S.C. § 2119"/><ref>Amy D'Olivio, "Violent Crime Control and Law Enforcement Act" in ''Encyclopedia of Law Enforcement'' (Sage, 2004: eds. Larry E. Sullivan et al.), p. 896.</ref>

Throughout 1993, articles about carjackings appeared at the rate of more than one a week in newspapers throughout the country.<ref>"Carjacking Reports Increase In Area -- Police Told Of Five Incidents Over Thanksgiving Holiday." ''Seattle Times'', Saturday, November 26, 1994</ref> The November 29, 1992, killing of two [[Osceola County, Florida]], men by carjackers using a stolen [[9×19mm Parabellum|9 mm]] pistol resulted in the first federal prosecution of a fatal carjacking.<ref>Henry Pierson Curtis, [https://www.orlandosentinel.com/1994/01/30/youths-steal-guns-to-steal-youths-lives/ Youths Steal Guns To Steal Youths' Lives; The Gun Used In The Nation's First Federal Carjacking Case Was Bought Legally, Then Stolen], ''Orlando Sentinel'', January 30, 1994.</ref>

====Prevalence and statistical analysis====
According to the [[National Crime Victimization Survey]] (NCVS) conducted by the U.S. Department of Justice's [[Bureau of Justice Statistics]], from 1993 to 2002, some 38,000 carjackings occurred annually.<ref name="Klaus">Patsy Klaus, [http://www.bjs.gov/content/pub/pdf/c02.pdf National Crime Victimization Survey, Carjacking, 1993-2002], U.S. Department of Justice, Bureau of Justice Statistics, July 2004.</ref> According to the survey, over this time period men were more often victims than women, blacks more than whites, and Hispanics more than non-Hispanics.<ref name="Klaus"/> 56% of carjackers were identified by victims as black, 21% white, 16% Asian or Native American, and 7% mixed race or unknown.<ref name="Klaus"/> Some 93% of carjackings occurred in urban areas.<ref name="Klaus"/><ref>Benjamin S. Wright, Motor Vehicle Theft, in ''Encyclopedia of Street Crime in America'' (Sage 2010: ed. Jeffrey Ian Ross), p. 271.</ref>

There were multiple carjackers in 56% of incidents, and the carjacker or carjackers were identified as male in 93% of incidents. A weapon was used in 74% of carjacking victimization: firearms in 45%, knives in 11%, and other weapons in 18%. Victims were injured in about 32% of completed carjackings and about 17% of attempted carjackings. Serious injuries, such as gunshot or knife wounds, broken bones, or internal injuries occurred in about 9% of incidents. About 14 murders a year involved car theft, but not all of these were carjackings. Some 68% of carjackings occurred at nighttime hours (6 p.m. to 6 a.m.). Some 98% of completed carjackings and 77% of attempted carjackings were reported to police. About 44% of carjacking incidents occurred in an open area (e.g., on the street or near public transportation) while 24% occurred in parking lots or garages or near commercial places (e.g., stores, gas stations, office buildings, restaurants/bars).<ref name="Klaus"/>

According to the NCVS, from 1992 and 1996, about 49,000 completed or attempted nonfatal carjackings took place each year in the United States. The carjacking was successful in about half of the incidents. Data on fatal carjackings are not available; "about 27 homicides by strangers each year involved automobile theft," but not all of these were carjackings.<ref name="Klaus2">Patsy Klaus, [http://www.bjs.gov/content/pub/pdf/cus96.pdf Carjackings in the United States, 1992-96], .S. Department of Justice, Bureau of Justice Statistics, March 1999.</ref>

====In particular cities====
Carjackings were common in [[Newark, New Jersey]], in the 1990s, and a wave of carjackings took place again in 2010.<ref name="AP">Associated Press, [https://www.nytimes.com/2011/03/22/nyregion/22carjack.html After Dozens of Arrests, Newark Carjackings Decline Sharply], March 21, 2011.</ref> There were 288 carjackings in the city in 2010 (a 70% increase from the previous year), and [[Essex County, New Jersey|Essex County]] (which includes Newark) had 69 in December 2010 alone.<ref name="AP"/> The Associated Press reported that "unlike previous carjackings, in which thieves would strip vehicles for parts or sell them in other states, the recent wave perplexed law enforcement officials because almost all appeared to be done by thrill-seeking young men who would steal the cars for a few hours, drive them around and then abandon them."<ref name="AP"/> After federal, state, and law enforcement agencies formed a task force, 42 suspects were charged, and carjackings dropped dramatically.<ref name="AP"/> However, national media attention on carjackings in Essex County returned in December 2013, when a [[Hoboken, New Jersey|Hoboken]] lawyer was murdered at [[The Mall at Short Hills]] in [[Millburn, New Jersey]], while defending his wife from four assailants,<ref>Marc Santora & Annie Correaldec, [https://www.nytimes.com/2013/12/17/nyregion/carjacking-victim-at-new-jersey-mall-dies.html Man Dies in Carjacking at Short Hills Mall; 2 Suspects Are Sought], ''New York Times'', December 16, 2013.</ref><ref>Michael Schwirtzdec, [https://www.nytimes.com/2013/12/22/nyregion/4-suspects-held-in-deadly-carjacking-at-new-jersey-mall.html 4 Suspects Held in Fatal Carjacking at Mall], ''New York Times'', December 21, 2013.</ref><ref>Associated Press, [https://www.nytimes.com/aponline/2014/10/22/us/ap-us-shooting-nj-mall.html 4 Men Plead Not Guilty in Deadly Mall Carjacking], October 22, 2014.</ref> who were all later convicted of the crime.<ref>Joshua Jongsma, [http://www.northjersey.com/story/news/crime/2017/10/10/two-men-plead-guilty-roles-fatal-short-hills-mall-carjacking/751683001/ Two men plead guilty to roles in fatal Short Hills mall carjacking], ''NorthJersey.com'' (October 10, 2017).</ref>

For several years (but no longer), the major U.S. city with the highest rates of carjacking was [[Detroit]].<ref name="Baldas">Tresa Baldas, [http://www.freep.com/story/news/local/michigan/detroit/2014/11/30/detroit-police-fight-carjacking-crime/19671313/ Carjackers losing grip on Detroit, but strike daily], ''Detroit Free Press'' (November 30, 2014).</ref> In 2008, Detroit had 1,231 carjackings, more than three a day.<ref name="Baldas"/> By 2013, that number had fallen to 701, but this was still the highest known number of carjackings for any major city in the country.<ref name="Baldas"/> The significant decrease in carjackings was credited to a coordinated effort by the [[Detroit Police Department]], the [[Federal Bureau of Investigation|FBI]], and the [[United States Attorney for the Eastern District of Michigan|local federal prosecutor's office]].<ref name="Baldas"/> Serial carjackers were targeted for federal prosecutions and longer sentences, and in 2009 the Detroit Police Department centralized all carjacking investigations and developed a suspect profiling system.<ref name="Baldas"/> Through mid-November 2014, Detroit had 486 carjackings, down 31% from the year before, but this was still three times more than the carjackings experienced by [[New York City]] (which has ten times Detroit's population) in all of 2013.<ref name="Baldas"/> Even James Craig, [[chief of police]] of the [[Detroit Police Department]], was the victim of an attempted carjacking while he was in his [[police cruiser]].<ref name="Baldas"/>

A 2017 study used "Risk Terrain Modeling" analysis to identify spatial indicators of carjacking risk in Detroit. The analysis identified six factors that "were influential in the best fitting model: proximity to service stations; convenience/grocery/[[liquor store]]s; bus stops; residential and commercial demolitions; and areas with high concentrations of drug arrests and restaurants." The study found that certain locations in Detroit "had an expected rate of carjacking that was 278 times higher than other locations."<ref>{{cite journal|doi=10.1016/j.jcrimjus.2017.07.011|title=Risky places: An analysis of carjackings in Detroit|journal=Journal of Criminal Justice|volume=52|pages=34–40|year=2017|last1=Lersch|first1=Kim Michelle}}</ref>

As of 2021, the American city with the highest number of carjackings is [[Chicago]]. Chicago began experiencing a surge in carjackings after 2019, and at least 1,415 such crimes took place in the city in 2020.<ref name="Gorner and Berlin">Jeremy Gorner & Jonathon Berlin, [https://www.chicagotribune.com/news/criminal-justice/ct-chicago-2020-carjackings-jump-20210111-rf2prz67are4tmddx5zjjagati-htmlstory.html Carjackings more than double in Chicago during 2020, police say, perhaps as criminals blended in with masked public], ''Chicago Tribune'' (January 18, 2021).</ref> According to the [[Chicago Police Department]], carjackers are using [[Face masks during the COVID-19 pandemic|face masks]] that are widely worn due to the ongoing [[COVID-19 pandemic]] to effectively blend in with the public and conceal their identity. 2021 saw a further increase to a 20-year high of over 1,800 carjackings.<ref name="Nickeas and Krishnakumar">Peter Nickeas and Priya Krishnakumar, [https://www.cnn.com/2022/01/23/us/carjackings-rise-major-cities-pandemic/index.html 'It's a disturbing trend.' Cities see large increases in carjackings during pandemic], ''CNN'' (January 23, 2022).</ref> On January 27, 2021, Mayor [[Lori Lightfoot]] described the worsening wave of carjackings as being 'top of mind,' and added 40 police officers to the CPD carjacking unit.<ref name="Pratt and Byrne">Gregory Pratt & John Byrne, [https://www.chicagotribune.com/politics/ct-chicago-carjackings-mayor-lori-lightfoot-20210127-2l7bl2jog5fgrii52l6zzr4fyq-story.html Chicago Mayor Lori Lightfoot says spike in carjackings ‘top of mind,’ adding 40 more police officers to carjacking unit and gathering regional mayors], ''Chicago Tribune'' (January 27, 2021).</ref>

Many other cities have seen a similar increase in carjackings since the onset of the COVID-19 pandemic. Over 500 carjackings were recorded in [[New York City]] in 2021, compared to 328 in 2020 and 132 in 2019. Likewise, the police department of [[Philadelphia]] reported over 800 in 2021, compared to 170 in 2015. 281 carjackings occurred in [[New Orleans]] in 2021 while 105 occurred there in 2018,<ref name="Nickeas and Krishnakumar"/> while [[Oakland]] reported 301 carjackings in 2020 and 521 carjackings in 2021.<ref name="Parsons">Jeff Parsons, [https://katv.com/news/nation-world/a-california-city-defunded-its-police-now-violent-crime-is-soaring Once willing to defund police, Oakland, Calif. now faces a major violent crime spike], ''KATV'' (January 11, 2022).</ref>

====State law====
Some states have a specific carjacking statute. Other states do not have a specific carjacking law, and prosecute carjackers under the general robbery statute.<ref>[http://www.ncsl.org/print/cj/fslautotheftpptchart.pdf Auto Theft & Carjacking State Statutes], National Conference of State Legislators (last accessed November 25, 2017).</ref>

The law of some states, such as [[Louisiana]], explicitly lists a killing in the course of defending oneself against forcible entry of an occupied motor vehicle as a [[justifiable homicide]].<ref name="Cherbonneau"/><ref>Associated Press, [https://www.latimes.com/archives/la-xpm-1997-aug-14-mn-22319-story.html Louisiana Drivers Given License to Kill] (August 14, 1997).</ref><ref>Susan Michelle Gerlin, [http://openscholarship.wustl.edu/cgi/viewcontent.cgi?article=1005&context=law_urbanlaw Louisiana's New "Kill the Carjacker" Statute: Self-Defense or Instant Injustice?], 55 Wash. U. J. Urb. & Contemp. L. 10, (January 1999).</ref>