Objective 02.02 Criminal Law

1. Objective 02.02 Criminal Law BL02.02 PPT 1

2. Essential Questions • What is crime? • What are the possible punishments for a crime? • Who are the participants of a trial? • What are the classifications of a crime? • What are the elements of a crime? BL02.02 PPT 1

3. Crime • An act against the public good NOTE: Each statute that defines a crime must specifically explain the conduct that is forbidden by that statute. • No act can be considered a crime unless it is prohibited by the law of the place where it is committed and unless the law provides for the punishment of offenders. BL02.02 PPT 1

4. 4 Punishments for a Crime? • Imprisonment • Fine • Probation • Community Service • Combination of the above BL02.02 PPT 1

5. Participants of a Trial • Plaintiff? (2) • Government • Prosecutor • Defendant (1) • Person accused of the crime BL02.02 PPT 1

6. Classifying a Crime • According to Seriousness • What is the most serious? • Felony • Imprisonment or death • What is less serious? • Misdemeanor • Fine and/or probation BL02.02 PPT 1

7. Elements of a crime • Criminal Act • Must violate a statute • Required state of mind • Depends on crimes definition • Motive is NOT required BL02.02 PPT 1

8. Types of Crimes • Crimes Against People • Social Crimes • Crimes Against Property • Business crimes (White Collar) BL02.02 PPT 1

9. Crimes Against People • Murder • Malice aforethought? • 1st degree—aggravated (premeditated, cruelty, torture, rape, robbery, kidnapping) • 2nd degree—non of the above conditions apply • Manslaughter • Voluntary? • Intentional • Involuntary • Occurs while committing an unlawful or reckless act BL02.02 PPT 1

10. Crimes Against People-continued • Assault - Attempt (pointing or shooting at someone) • Aggravated (Usually felony)-using deadly weapon with intent • Simple (misdemeanor) • Battery • Hitting • Kidnapping • Unlawful removal against person’s will • Sex offenses • Statutory rape • Date rape (acquaintance rape) BL02.02 PPT 1

11. Social Crimes • Federal/State governments have the right to regulate health, safety, welfare, and morals of the people. • Drug Use • illegal and harmful substances • Addiction-inability to function normally • Alcohol Use • Domestic Violence • Physical or mental abuse BL02.02 PPT 1

12. Crimes Against Business • Characteristics of “White Collar Crimes” • Usually involve fraud • Usually non-violent • Larceny by False Pretenses- • Intended to mislead or defraud • Induce victim to rely on them • Example: con artists • Forgery • False making or changing of a writing with intent to fraud. BL02.02 PPT 1

13. Crimes Against Business, continued • Bribery • Giving something of value to influence • Extortion • Unjustly taking of money or thing of value • Computer Crimes BL02.02 PPT 1

14. 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. BL02.02 PPT 1

15. Defenses to a Crime, continued Entrapment • Induced into breaking the law by a law enforcement officer BL02.02 PPT 1

16. Defenses to a Crime, continued Self-Defense • Defending yourself from danger • Must retreat, if possible BL02.02 PPT 1

17. Defenses to a Crime, continued Defense of Family Members • Person has the right to rescue a family member who is being attacked. BL02.02 PPT 1

18. 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. BL02.02 PPT 1

19. 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 BL02.02 PPT 1

20. 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. BL02.02 PPT 1

21. 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. • Research information regarding The Melissa virus. • Provide details on who, what, when, where, why and how. • Discuss the three documents relating to this virus. • Piracy • Hacking BL02.02 PPT 1

22. 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. BL02.02 PPT 1

23. 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 BL02.02 PPT 1