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,

the directors of the corporation notice the missing funds. The directors report the loss to the police. The directors suspect that Johnny misappropriated the funds, and they tell the police about their suspicions. The police search Johnny’s home without a warrant. They find a letter Johnny was writing that confirms that Johnny took the money for the corporation to pay the kidnappers. The police arrest Johnny, and he is charged with theft. Johnny is charged with embezzlement.
The elements of embezzlement in this state are: The intentional taking of money or property by a CEO or other top official in a corporation without consent.

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

consent.
Even though as a parent he did what was necessary to get his child back, it still doesn’t make it legal and he will have to face the consequences of his actions. There are a number of other courses he could have gone with. Johnny having chosen to steal from his company has only made the situation worse for himself legally. Morally he has his daughter back safe and sound, most important thing to a parent I think. You can’t place a value on a human life and Johnny took matters into his own hands to get his Family back.
The affirmative defense that Johnny could raise would be a clear violation of his constitutional rights, specifically the fourth amendment “(The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.)” I think Johnny was under duress when being forced to commit the crime.

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

case.

The police illegally enter Johnny’s residence, a clear violation of the fourth amendment right. The police also search and seize a letter that incriminates Johnny, which under the exclusionary rule will not be permitted in court. The police could have easily obtained a search warrant due to having probable cause. The directors of Plastic Spoon Inc. gave this to the police due to the suspicions that Johnny took funds. Johnny can get the letter seized by the police suppressed because of this rule. In doing this Johnny will have a stronger case in court.

References
1638. Embezzlement Of Government Property -- 18 U.S.C. § 641. (n.d.). Retrieved February 07, 2016, from http://www.justice.gov/usam/criminal-resource-manual-1638-embezzlement-government-property-18-usc-641

Fourth Amendment. (n.d.). Retrieved February 07, 2016, from https://www.law.cornell.edu/constitution/fourth_amendment