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
Pat Purple proceeded to stand behind the victim, preventing her from escaping, while others beat her. He didn't even attempt to stop them. Afterwards, Pat Purple was seen standing over the victim. He then proceeded to run away with the others, with the stolen phone in their possession. They were stopped fifteen minutes later by police eight blocks away from the park.
The crime began by weeks before planning how it would go down. In the Trial Transcript Excerpts in the Patty Hearst Trial found by Douglas Linder it describes Patty’s situation before the crime. While being in a closet for a period of time, Patricia was taken out and was told of plans to rob a bank. She was "instructed by them that she must accompany them to the bank; that she must allow herself to be photographed by the bank camera, and in addition, that she must announce her name aloud so that everyone would know she was participating in the holdup. " After a few days of being told of the plans, they drove to the crime scene and she was given a gun and told to stand in the central area of the bank counter.
This brings us to the 1973 United States case of Gagnon v. Scarpelli. Gerald Scarpelli was charged with armed robbery in Wisconsin (“Gagnon v. Scarpelli”, n.d.). Scarpelli pleads guilty to his crime
Pat was very frustrated because she wanted to purchase a home but lacked the funds or credit to do so even though Pat was expecting shortly to receive a one-half million dollar final installment payment for some land she sold several years earlier. Dan knew that Pat was very interested in purchasing a home and approached Pat with a proposal to assist Pat in buying a home. Dan told Pat that he would help Pat with the financing. After finding the home she wanted to buy for $250,000, Dan and Pat orally agreed that Dan would purchase the home and "when you come up with the money, I (Dan) will sell it to you (Pat) for $250,000 plus a fair commission to be determined."
The question that is always asked is, what age do teenagers become adults? What should we use to determine the consequence of violent crimes. Juveniles should be convicted as an adult if the crimes that have been committed are violent crimes because teens know right from wrong, brain development , and use crimes as a problem solver.
On October 2, 1977 in Memphis, Tennessee, a woman was awakened by two armed men who raped her then stole her television. She identified the men as “Polly’s boy” and “Ollie Mae’s Boy”, she was able to give the full name of one and the address of the other. On October 7th McKinney, along with Michael Yancy were arrested for assault and burglary even though they claimed they spent the day at home drinking. McKinney was convicted in Shelby County Criminal Court on June 22, 1978 after the victim identified him in court as one of her attackers. Lawrence testified on his own behalf and said he was offered a deal of five years when he was arrested for the rape to testify against a co-defendant. But he turned it down "because I didn 't know anything about the crime. He and Yancy were sentenced to 100 years in prison for rape and 10 years for burglary.
deterrent for anyone else to ever even think of attempting a similar crime. Even if a deceased
The man had raped a woman who'd lived on the same street, and if there was one thing Pete knew, it was you didn't shit in your own nest. Instead, you selected your targets at random, ensuring that no connection could be found between them, and changed your modus-operandi with each, so that no pattern or signature could be discerned. That was how to evade capture. Then again, the man was probably an opportunist, who'd acted on impulse, and that was the difference with Pete Norris. He always remained fully in control of his actions and emotions, and although his own crime would soon be splashed across the same front page, there'd be no news of his apprehension.
It was always a matter of survival - always survival. I had to do what I had to do, while I continued my efforts to get out, was to limit my own activities to what I – in my own conscience – could answer for… At police training school they taught us that the definition of a crime must meet four requirements; There has to be a “subject”, and “object”, an “action” and “intent”. If any of these four element were missing, then we are not dealing with a punishable
In today’s criminal justice system in the United States, there is a lot of dispute between what the qualifications are for juvenile and adult crimes. Some believe that the only difference is age. Others say it is the severity of the crime. It’s obvious that when adults commit crimes, whether they are a misdemeanor offense or a felony, they pay for it. The confliction comes when a juvenile commits a crime. What exactly determines if they are tried as an adult or a juvenile? Does it vary by state-to-state? Are there federal laws that govern that debate? There have been cases where children have been tried in a court of law as an adult. So what exactly is the clear cut reason why juveniles are tired sometimes as adults, and other times as juveniles?
The findings illustrate only what worked for stores in a certain jurisdiction. Adult shoplifters arrested by the police in this particular jurisdiction were not likely to be prosecuted, convicted,
In my opinion I believe that every juvenile should have a background check before being sentenced off to do hard time in a state penitentiary. A lot of teens have committed serious crimes that sometimes makes you question yourself how they could become such a monster. But in reality those teens sometimes kids are the ones who have had hard childhoods of any case from rape, abusive parents, or it could be that they were bullied. There are many different reasons why someone so young could commit such a serious crime. The court system needs to think about what environment the teen lives in, how their household lives to try and understand where they're coming from. Also it is good to check if the teen has been in and out of the system and for what
Do you agree that it is right that young kids go to jail for purchasing marijuana? Do you believe in kids going to jail before they’re 18 years old? Now and days some people might think that the police take their authority to far at times. Some people may think that the government is behind some of the things that happen in the world. Personally I think teens shouldn’t be thrown in jail if they get caught smoking or purchasing marijuana.
The second reason that he should be jailed is the fact that he proceeded to run from the law after the robbery . Instead of turning himself in,
Child abuse and neglect are considered a social phenomenon that plays a crucial role in American society as well as in the American criminal justice system. All types of ages, genders, ethnicities at some point or another are represented as victims or perpetrators of child abuse or neglect. Child abuse includes physical, psychological and sometimes sexual abuse to a person who is below the age of 18. Child abuse or neglect victims tend to grow up with long terms consequences such as low self-esteem, depression, and other major consequences such as engaging in criminal behavior as adults, teen pregnancy and not to mention the severity of physical child abuse consequences can end up in a death of an innocent victim. This literature