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Objective 02.02 Criminal Law

Objective 02.02 Criminal Law. Part B. Defenses to a Crime. Insanity Must prove the M’Naughten Rule “At the time of the crime, was the defendant suffering from a mental disease so serious that he or she did not know what they were doing was wrong” If not guilty, what happens?

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Objective 02.02 Criminal Law

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  1. Objective 02.02 Criminal Law Part B

  2. Defenses to a Crime Insanity • Must prove the M’Naughten Rule “At the time of the crime, was the defendant suffering from a mental disease so serious that he or she did not know what they were doing was wrong” • If not guilty, what happens? Must serve time in a mental institution until determined to be stable.

  3. Defenses to a Crime, continued Entrapment • Induced into breaking the law by a law enforcement officer

  4. Defenses to a Crime, continued Self-Defense • Defending yourself from danger • Must retreat, if possible

  5. Defenses to a Crime, continued Defense of Family Members • Person has the right to rescue a family member who is being attacked.

  6. Punishment • Fines-payment of specified amount of money as penalty for committing crime. • Imprisonment –indefinite or indeterminate sentences • Mandatory Sentencing • What is the only thing a judge cannot do? • Not allow you to see a family member.

  7. Punishment, continued • Death Penalty • Three (3) Phases • Jury determines guilt or innocence • Pre-sentence Hearing (Judge/jury listens to arguments, examines evidence) • Appeal to the Highest Court

  8. Computer Laws • The National Information Infrastructure Protection Act of 1996 was enacted as part of Public Law 104-294. • It amended the Computer Fraud and Abuse Act of 1986.

  9. Computer Crimes Illegally using hardware and software by misuse of equipment, copying, and/or taking data from web sites for personal use without prior permission. • Piracy • Hacking

  10. Telecommunication Law or Cyber Law • Telecommunication law or Cyber law governs the legal issues of cyberspace. • These terms are not restricted to the Internet. • The terms include: • computers • computer networks • the Internet data software etc.

  11. Telecommunication Law/Cyber Law, continued • Cyber law encompasses laws relating to: 1. Electronic and Digital Signatures 2. Computer Crime 3. Intellectual Property 4. Data Protection and Privacy 5. Telecommunications Laws

  12. Assignment • Research information regarding The Melissa virus. • Provide details on who, what, when, where, why and how. • E-mail to me your findings

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