1. Criminal Law and Cyber Crime
Chapter 6

2. Civil and Criminal Law Compared

3. Crimes
A wrong committed against society defined in a statute and punishable by fines and/or imprisonment -- and, in some cases, by death.
Depending on their degree of seriousness, crimes are classified as felonies or misdemeanors.

4. Classification of Crimes
Felony
A crime—such as murder, rape, or robbery—that carries the most severe sanction, ranging from one or more years in prison to forfeiture of one’s life.

5. Classification of Crimes
Misdemeanor
A lesser crime—such a disorderly conduct, trespass, or petty theft—punishable by a fine and/or imprisonment for up to one year.

6. Elements of a Crime
Two elements are required for a person to be convicted of a crime:
Performance of a prohibited act (actus reus).
A culpable mental state (mens rea).

7. Property Crimes
Burglary - Unlawful entry into a building with the intent to commit another crime
Larceny - Theft - Taking another person’s property with the intent to deprive the owner of the property
Robbery - Taking another person’s property by force or threat of force
Cyber Fraud-Fraud using the internet

8. White Collar Crimes
Embezzlement-Fraudulent appropriation of property already entrusted to you
Mail and Wire Fraud-Mailing or causing to be mailed a writing to be used to defraud or an organized scheme to defraud by false pretenses
Bribery- Giving something of value to influence someone to create private gain (usually a public official)
Theft of Trade Secrets (Chapter 5)
Insider Trading (Chapter 21).

9. Organized Crime
Money Laundering-Engaging in financial transactions to conceal the identity, source or destination of illegally gained funds
Racketeer Influenced and Corrupt Organizations Act (RICO)-In order for an offender to fall under the RICO rules and be charged with racketeering, he or she must violate two of 35 statutes within 10 years, and the violations must be linked in some way

10. Defenses Justifiable Use of Force/Self-Defense
The privilege to take reasonably necessary steps to protect one’s self or another person against injury by a third party.

11. Defenses Justifiable Use of Force-
Deadly force-only in cases where there is a reasonable belief that imminent death or major bodily harm will occur
Nondeadly force- Can use the amount of non-lethal force necessary to protect themselves, another person, or property

12. Defenses
Duress- Unlawful pressure causing a person to perform an act that they would not otherwise perform
- Must be a threat of bodily harm or death
- Harm threatened must be greater that the harm of the crime
-Threat must be immediate and inescapable
- Defendant must be involved in a stiuation to no fault of his own

13. Defenses Insanity due to mental disease or defect
a person cannot appreciate the difference between right and wrong and
conform his/her conduct to the requirements of the law.

14. Defenses
Entrapment
Generally requires that the official both suggest the wrongful act and then induce the accused to commit it.

15. Constitutional Rights
The Fourth Amendment provides protection from unreasonable searches and seizures and requires that a search or arrest warrant shall issue only upon probable cause.

16. Constitutional Rights
The Fifth Amendment guarantees
due process of law,
protects against double jeopardy, and
prohibits self-incrimination

17. Constitutional Rights
The Sixth Amendment guarantees the rights to:
speedy trial,
trial by jury,
public trial,
confronting witnesses, and
counsel.

18. How Are Our Rights Protected?
The Exclusionary Rule
Any evidence obtained in violation of the accused’s Fourth, Fifth, and/or Sixth Amendment rights, and
Any evidence derived from illegally obtained evidence.

19. How Are Our Rights Protected?
The Miranda Rule
Individuals who are arrested must be informed of certain constitutional rights, including their right to remain silent (i.e., not to incriminate themselves) and their right to counsel.

20. Cyber Crime
Cyber Theft – Identify theft and fraudulently conducting financial transactions.
Cyber Stalking – Stalking in cyberspace putting a person in reasonable fear for safety.
Hacking/Destructive Programming – Destruction of computer hardware or software, sending “viruses”, etc
CAN-SPAM Act – Controlling the Assault of Non-Solicited Pornography and Marketing- Allows unsolicited s but they cannot be misleading

21. Criminal Law and Cyber Crime
Chapter 6