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Chapter 7 Criminal Law and Cyber Crimes

Chapter 7 Criminal Law and Cyber Crimes. §1: Civil and Criminal Law. Major differences:. §2: Classification of Crimes. An act can have both civil and criminal consequences. (O.J. Simpson trials). §3: Essentials of Criminal Liability. To be convicted of a crime, a person must:

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Chapter 7 Criminal Law and Cyber Crimes

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  1. Chapter 7 Criminal Law andCyber Crimes

  2. §1: Civil and Criminal Law Major differences:

  3. §2: Classification of Crimes • An act can have both civil and criminal consequences. (O.J. Simpson trials)

  4. §3: Essentials of Criminal Liability To be convicted of a crime, a person must: • Commit a guilty act (actus reus). • Have the guilty mind (mens rea) during commission of the guilty act.

  5. §4: Corporate Criminal Liability • A corporation is creature of state statute. • A corporate entity may be convicted of a crime. • Punishment would be fines and/or denial of certain legal privileges.

  6. Liability of Corporate Entity • Corporations may be convicted of criminal activity if: • Crime is within agent/employee’s scope of employment; • Corporation fails to perform a legally required duty; or • Crime authorized or requested by corporate principal/officer.

  7. Liability of Corporate Officers • Corporate officers and directors are personally liable for crimes they commit. • Also, they may be criminally liable for acts of their under the “Responsible Corporate Officer” doctrine. U.S. v. Park (1975). • Case 8.1: U.S. v. Hanousek (1999).

  8. §5: Types of Crimes • Violent Crimes. • Murder, sexual assault, rape, robbery. • Property Crimes. • Burglary, larceny, theft of trade secrets, theft of services, arson, receipt of stolen goods, forgery.

  9. “White Collar” Crimes Crimes occurring in the business context using non-violent means to obtain personal or business advantage. • Embezzlement. • Mail or Wire Fraud (federal). • Bribery. • Bankruptcy Fraud (federal). • Insider Trading (federal). • Theft of Trade Secrets (federal).

  10. Organized Crime Operates illegitimately by providing illegal goods and services: • Money Laundering. • RICO(criminal and civil liability).

  11. §6: Defenses to Criminal Liability • Infancy (juvenile). • Involuntary Intoxication: is a defense if person was incapable of understanding act. • Insanity: defendant lacked substantial capacity to appreciate the wrongfulness of act or to conform act to law. • Mistake. • Duress. • Consent.

  12. Defenses [2] • Self-Defense of People and Property: use deadly force if reasonable belief of imminent death or serious injury; cannot use deadly force to protect property alone. • Necessity: criminal act necessary to prevent greater harm.

  13. Defenses [3] • Entrapment: prevents government from encouraging crimes. Key issue: was the defendant pre-disposed to commit the act? • Statute of Limitations. • Immunity.

  14. §7: Criminal Procedures • U.S. Constitution provides specific safeguards for those accused of crimes at federal and state level. • Criminal procedures are designed to protect against the arbitrary use of power by the government. • Case 8.2:People v. McFarlan (2002).

  15. Fourth Amendment • The Fourth Amendment protects against unreasonable search and seizures. • No warrant for search or arrest can issue without probable cause.

  16. Exclusionary Rule • Evidence obtained in violation of Constitutional amendments is excluded from trial. • Deter police from warrantless searches, seizures and misconduct. • “Inevitability” and “good faith” are exceptions to the rule.

  17. The “Miranda” Rule • Case 8.3:Miranda v. Arizona (1966) required police to inform suspects of their constitutional rights. • The Supreme Court upheld Miranda in Dickerson v. U.S. (2000).

  18. Criminal Process

  19. §8: Cyber Crime • Computer crime: any act directed against computers or that uses computers as an instrumentality of a crime. • Cyber Theft • Financial Crimes. • Identity Theft. • Cyber Stalking. • Hacking and Cyber Terrorism. • Computer Fraud and Abuse Act (1996.

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