Chapter 7 Criminal Law and Cyber Crimes

Copyright © 2010 Pearson Education, Inc. Publishing as Prentice Hall.7-2 What Is a Crime? An act done by an individual in violation of those duties owed to society and for which breach the law provides that the wrongdoer shall make amends to society

Copyright © 2010 Pearson Education, Inc. Publishing as Prentice Hall.7-3 Penal Codes and Regulatory Statutes Define activities considered to be crimes within the jurisdiction Detail penalties which will be imposed for these crimes Fines Imprisonment or probation

Copyright © 2010 Pearson Education, Inc. Publishing as Prentice Hall.7-4 Parties to a Criminal Case Plaintiff is the government, represented by a prosecuting attorney Defendant is the person accused of a crime, represented by a defense attorney

Copyright © 2010 Pearson Education, Inc. Publishing as Prentice Hall.7-5 Classification of Crimes Felonies Include crimes that are mala in se, inherently evil Usually punishable by imprisonment Misdemeanors Mala prohibitum, prohibited by society Carry lesser penalties than felonies Violations

Copyright © 2010 Pearson Education, Inc. Publishing as Prentice Hall.7-6 Elements of a Crime Criminal act Actus reus Criminal intent Mens rea Specific intent General intent Non-intent crimes

Copyright © 2010 Pearson Education, Inc. Publishing as Prentice Hall.7-7 Criminal Acts As a Basis for Tort An injured party may bring a civil action against a wrongdoer who has caused the injury during the commission of a crime. A civil lawsuit is separate from the criminal action.

Copyright © 2010 Pearson Education, Inc. Publishing as Prentice Hall.7-8 Criminal Procedure Arrest Indictment or information Arraignment Defendant is informed of charges A plea is entered Plea bargaining

Copyright © 2010 Pearson Education, Inc. Publishing as Prentice Hall.7-9 The Criminal Trial Burden of proof is “beyond a reasonable doubt” The verdict must be unanimous. Only the defendant may appeal.

Copyright © 2010 Pearson Education, Inc. Publishing as Prentice Hall.7-10 Common Crimes Murder Robbery Burglary Larceny Theft Receiving stolen property Arson

Copyright © 2010 Pearson Education, Inc. Publishing as Prentice Hall.7-11 White Collar Crimes Forgery Embezzlement Bribery Extortion Criminal fraud Money Laundering Corporate Criminal Liability

Copyright © 2010 Pearson Education, Inc. Publishing as Prentice Hall.7-12 Corporate Criminal Liability Corporations are criminally liable for the acts of their managers, agents, and employees. Sanctions may include fines, loss of license or loss of franchise.

Copyright © 2010 Pearson Education, Inc. Publishing as Prentice Hall.7-13 Cyber Crimes Identity Theft – a crime in which one person steals information about another person, poses as that person, and takes the innocent person’s money or property or purchases goods and services using the victim’s credit information.

Copyright © 2010 Pearson Education, Inc. Publishing as Prentice Hall.7-14 Protection Against Unreasonable Search and Seizure The Fourth Amendment protects individuals and corporations. A search warrant is usually necessary. Exclusionary rule Evidence acquired through an unreasonable search may not be introduced at trial against person searched. “Good faith” exception may allow evidence to be used.

Copyright © 2010 Pearson Education, Inc. Publishing as Prentice Hall.7-15 Searches of Business Premises In general, the government must acquire a warrant before searching business premises. Certain industries are subject to warrantless search, for example, sellers of firearms.

Copyright © 2010 Pearson Education, Inc. Publishing as Prentice Hall.7-16 Privilege Against Self-Incrimination The Fifth Amendment protects individuals against self-incrimination. Protection does not apply to corporations. Miranda rights A criminal suspect must be informed of his or her rights before interrogation. Statements given before Miranda rights are given may be excluded from evidence.

Copyright © 2010 Pearson Education, Inc. Publishing as Prentice Hall.7-17 Attorney-Client and Other Privileges The Fifth Amendment protects communications between attorney and client. Other privileges have been recognized Psychiatrist-patient Clergy-penitent Spouse-spouse Parent-child No accountant-client privilege is recognized under Federal law, but some states recognize it. Immunity from prosecution When granted, the suspect can no longer assert Fifth Amendment privilege.

Copyright © 2010 Pearson Education, Inc. Publishing as Prentice Hall.7-18 Other Protections Protection against double jeopardy Fifth Amendment protects persons from being tried twice for the same crime.

Copyright © 2010 Pearson Education, Inc. Publishing as Prentice Hall.7-19 Other Protections Sixth Amendment rights Right to a public jury trial in a criminal case Right to confront witnesses against the accused Right to an attorney Right to a speedy trial Eighth Amendment Prohibits cruel and unusual punishment

Copyright © 2010 Pearson Education, Inc. Publishing as Prentice Hall.7-20