Criminal Law and Cyber Crime

Chapter 6

Civil and Criminal Law Compared

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.

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.

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.

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).

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

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).

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

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.

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

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

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.

Defenses• Entrapment

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

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.

Constitutional Rights• The Fifth Amendment guarantees

–due process of law, –protects against double jeopardy, and–prohibits self-incrimination

Constitutional Rights• The Sixth Amendment guarantees the rights

to: – speedy trial, – trial by jury, –public trial, – confronting witnesses, and – counsel.

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.

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.

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 emails but they cannot be misleading

Criminal Law and Cyber Crime

Chapter 6