1 / 33

Chapter 6 Criminal Law and Cyber Crime

Chapter 6 Criminal Law and Cyber Crime. Learning Objectives. What two elements normally must exist before a person can be held liable for a crime? What are five broad categories of crimes? What is white collar crime? What defenses can be raised to avoid liability for criminal acts?.

aqua
Download Presentation

Chapter 6 Criminal Law and Cyber Crime

An Image/Link below is provided (as is) to download presentation Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author. Content is provided to you AS IS for your information and personal use only. Download presentation by click this link. While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server. During download, if you can't get a presentation, the file might be deleted by the publisher.

E N D

Presentation Transcript

  1. Chapter 6 Criminal Lawand Cyber Crime

  2. Learning Objectives • What two elements normally must exist before a person can be held liable for a crime? • What are five broad categories of crimes? What is white collar crime? • What defenses can be raised to avoid liability for criminal acts?

  3. Learning Objectives • What constitutional safeguards exist to protect persons accused of crimes? • Has the internet expanded opportunities for identity theft?

  4. Civil Law and Criminal Law • Key Differences Between Civil Law and Criminal Law. • Burden of Proof. • Civil: preponderance of the evidence. Verdict is by a majority. • Criminal: proof beyond a reasonable doubt. Verdict must be unanimous.

  5. Key Differences between Civil Law and Criminal Law

  6. Civil Law and Criminal Law • Key Differences Between Civil Law and Criminal Law. • Criminal Sanctions. • Designed to punish guilty with fines and imprisonment, or even death.

  7. Civil and Criminal Liability for Same Act

  8. Criminal Liability • For a person to be convicted of a criminal act, two elements must exist simultaneously: • A criminal act (actusreus) AND • A wrongful mental state (mensrea). 

  9. Criminal Liability • The Criminal Act. • Most are acts of commission, but in some situations, failure to do something can be a criminal act (e.g., file a tax return).

  10. Criminal Liability • State of Mind. • A “wrongful” mental state is required. • What is wrongful depends on the crime. • Recklessness and Criminal Negligence or Recklessness: defendant consciously disregards a substantial and unjustifiable risk. • Strict Liability and Overcriminalization.

  11. Criminal Liability • Corporate Criminal Liability. • Liability of the Corporate Entity. • Crimes must occur within scope of employment. • Corporations can be held criminally liable when they FAIL to fulfill certain statutory duties. 

  12. Criminal Liability • Corporate Criminal Liability. • Corporate officers and directors can be criminally liable under the “Responsible Officer” doctrine.

  13. Types of Crimes • Violent Crime. • Crimes against persons (murder, rape). • Robbery is a violent crime. • Property Crime: most common, involves money or property: • Burglary. • Larceny. 

  14. Types of Crimes • Property Crime: • Obtaining Goods by False Pretenses. • Receiving Stolen Goods. • Arson. • Forgery.

  15. Types of Crimes • Public Order Crime. • White Collar Crime. • Embezzlement. • CASE 6.1 People v. Sisuphan (2010). Why wasn’t the defendant’s intent to return the money a valid defense? • Mail and Wire Fraud.

  16. Types of Crimes • White Collar Crime. • Mail and Wire Fraud. • Bribery. • Bankruptcy Fraud. • Theft of Trade Secrets. • Insider Trading.

  17. Types of Crimes • Organized Crime. • Money Laundering. • RICO. • Criminal Provisions (includes 26 different types of felonies with fines up to $25,000 and 20 years in prison for each offense). • Civil Penalties include forfeiture, and treble damages.

  18. Types of Crimes • Classification of Crimes. • Felonies: serious crimes punishable by death or by imprisonment over one (1) year. • Misdemeanors: less serious crimes punishable by fine or by confinement up to one (1) year.

  19. Defenses to Criminal Liability Justifiable Use of Force. Duress. Necessity. Entrapment. Insanity. Statute of Limitations. Mistake. Immunity.

  20. Constitutional Safeguardsand Criminal Procedures • Fourth Amendment Protections. • Search Warrants and Probable Cause. • Probable Cause requires officers to convince a reasonable person that the proposed search/seizure is more likely than not justified. 

  21. Constitutional Safeguardsand Criminal Procedures • Fourth Amendment Protections. • CASE 6.2 Messerschmidt v. Millender (2012). Why were the police officers immune from personal liability? • Search and Seizures in Businesses. • Warrant required in some cases. • No warrant required for contaminated food or highly regulated liquor or gun businesses.

  22. Constitutional Safeguardsand Criminal Procedures • Fifth Amendment Protections. • Due Process of Law. • Opportunity to Object. • Hearing before a neutral Magistrate. • Double Jeopardy. • Person cannot be retried for the same offense in the same court. • Civil action, however, is permitted. 

  23. Constitutional Safeguardsand Criminal Procedures • Fifth Amendment Protections. • Self-Incrimination. • “Right to Remain Silent” or not testify against yourself.

  24. Constitutional Safeguardsand Criminal Procedures • Protections under the Sixth and Eighth Amendments. • Right to Speedy Trial. • Right to Jury and Public Trial. • Right to Confront Witnesses. • Right to Counsel. • Prohibition on cruel and unusual punishment.

  25. Constitutional Safeguardsand Criminal Procedures • The Exclusionary Rule and the Miranda Rule. • Exclusionary Rule. • Evidence obtained in violation of constitutional procedures must be excluded. • Evidence derived from illegal evidence is “fruit of the poisonous tree.” • Deters police from misconduct.

  26. Constitutional Safeguardsand Criminal Procedures • The Exclusionary Rule and the Miranda Rule. • Miranda rule based on Miranda v. Arizona (1966). • Exceptions: • Public Safety • Coercion. • Illegally obtained evidence.

  27. Criminal Process Arrest Booking Initial Appear Grand Jury/Prelim. Hearing Arraign-ment ChargesFiled (Indictment or Information) Plea Bargain Trial Guilty Plea

  28. Cyber Crime • Any act directed against computers or that uses computers as an instrumentality of a crime. 

  29. Cyber Crime • Cyber Fraud: fraud committed over the internet (e.g., Nigerian letter scam). • Online Auction Fraud. • Online Retail Fraud.

  30. Cyber Crime • Cyber Theft. • Identify Theft. • CASE 6.3 United States v. Oliver (2011). What do you think was Oliver’s main mistake? • Phishing. • Employment Fraud. • Credit-Card Theft.

  31. Cyber Crime • Hacking. • Malware and Worms. • Service-Based Hacking: available at low cost. • Cyber Terrorism.

  32. Cyber Crime • Prosecution of Cyber Crime. • Jurisdiction and Identification Challenges. • “Location” crime is an issue. • Jurisdiction of courts is an issue.

  33. Cyber Crime • Computer Fraud and Abuse Act. • Person is liable if he accesses a computer online, without authority, to obtain classified, private, or protected information. Penalties include fines and imprisonment.

More Related