When Johnny Is Forced To Steal From His Daughter From Kidnapers

Duress

Grantham University

Abstract

In this essay we will cover a scenario where Johnny is forced to steal from his company to save his Daughter from kidnapers. Johnny’s actions will be reviewed and evaluated to cover the role of the constitutional amendments in this situation. This will also cover the topics of criminal law and indicate the essential elements of criminal liability.

Duress Johnny, the CEO of Plastic Spoon Inc., is in a bit of a bind. His daughter was kidnapped. The kidnappers are demanding a hefty ransom. Unfortunately for Johnny, he cannot afford the ransom. So, Johnny withdraws the ransom money from Plastic Spoon’s account, and he pays the kidnappers. After returning with his daughter,

Are the elements of embezzlement present in this fact pattern? First off in “Moore v. United States, 160 U.S. 268, 269 (1895), the Supreme Court defined embezzlement in the following terms, Embezzlement is the fraudulent appropriation of property by a person to whom such property has been entrusted, or into whose hands it has lawfully come. It differs from larceny in the fact that the original taking was lawful, or with the consent of the owner, while in larceny the felonious intent must have existed at the time of the taking.” Therefore, the elements of embezzlement are present in this fact pattern due to the intentional taking of money without

This defense can be difficult to prove, but in this case Johnny has his Daughters testimony and the letter stating there were kidnapers. If the police can catch the kidnappers then the case would certainly have the substantial evidence required to prove his