Potential Crimes And Its Effects On Children 's College Fund

1105 WordsFeb 27, 20175 Pages
Potential Crimes UTMA Violations Pat had completely drained his children 's college fund account. Under the UTMA, any funds gifted to children, whether or not the donor is a/the custodian of the account, become an immediately-vested and irrevocable gift. Pat, as a potential custodian of a UTMA account, would have a fiduciary duty to use the money in the best interest of his children, such as investing the money to earn interest revenue. It is not in the children 's best interest for their father to gamble with their college funds. Therefore, the money put into the college funds could have been property of the children and should not have been mishandled by Pat to support his gambling addiction. Note that it is currently unknown the exact…show more content…
He then attempted to flee New Jersey. His behavior suggests that he knew his crimes were wrong. Pat 's excessive gambling shows that he has an addiction, not that he was incapable of knowing whether his crimes were wrong or not. A psychiatrist can testify that an addiction should not stop a person from knowing the difference between right and wrong. Necessity Crimes of necessity are crimes committed to prevent a greater crime. A person attempting this defense must show that there was no reasonable alternative, he ceased illegal activity when the threat passed, and he did not create such danger. Though Pat 's life and his families ' lives were under threat from the loan shark, his crimes were not of necessity. A reasonable alternative would have been to go directly to the police and report such threats. Because the threat was not immediate, any bodily harm would occur if Pat did not repay the loan, Pat could have easily escaped such threat, as he was given six (6) months to fully repay the loan. Pat was also fully aware of the terms of the loan upon its acceptance. He, in essence, created the threat on multiple lives, including his own. Duress To the best of our knowledge, no one had forced Pat to commit the aforementioned crimes. Had he been forced, the threat he faced must have been immediate and inescapable. Police Misconduct The police misconduct related to this case is discussed below. Police Misconduct “Miranda” Violations Any and all
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