Chapter 10: Criminal Law and Cyber Crime

Crime

a wrong against society defined in a statute and punishable by fines or imprisonment

Burden of Proof

the government must prove its case beyond a reasonable doubt, and the jury's verdict normally must be unanimous in a criminal case.

Felony

a crime that carries the most severe sanction, ranging from one or more year in prison to forfeiture of one's life (over a year in prison).Felonies include serious offenses like murder, robbery, or serious drug offenses.

Misdemeanor

a less serious crime punishable by a fine or imprisonment for up to one year. include offenses such as vandalism, theft, and minor assault.

Infractions

a subset of misdemeanors comprised of the least serious criminal offenses (speeding, stop sign tickets)

To be convicted of a crime, a person must:

• Perform done prohibited act (actus reus)

• Demonstrate a specified state of mind or intent (mean rea).

actus reus

Perform done prohibited act

mean rea

Demonstrate a specified state of mind or intent

An act of omission

• failure to act ( person must do something in order to be accused of a crime). Can be a crime but only if the person has a legal duty to perform the omitted act.

State of Mind

the required mental state (intent) is indicated in the applicable statute or law.

Recklessness/negligent

 defendant is criminally reckless if they consciously disregards a substantial and unjustifiable risk.

Strict liability and overcriminalization

• federal code lists over 4,000 criminal offenses but many do not list a "mental state."

  • Strict liability crimes are generally crimes that affect public health, safety and welfare.

Liability of Corporate officers and directors doctrine

corporate officers and directors are personally liable for crimes that they commit, or their subordinates commit. Even if officers did not participate in, direct, or even know of the criminal violation.

Violent crimes

are acts against people that cause them to suffer harm or death. Murder, assault, battery.

Robbery

forcefully and unlawfully taking personal property of any value from another.

Property crime

goal of the offender in these crimes is economic gain or property damage.

Aggravated robbery

is robbery with the use of a deadly weapon.

Burglary

unlawful entry into a building with the intent to commit a felony. Aggravated ____ occurs when a deadly weapons is used or when the building entered is a dwelling.

Larceny

stealing with the intent to permanently deprave them

Obtaining goods by false pretenses

theft that involves trickery or fraud in order to receive property, services or cash.

Receiving stolen goods

crime to receive goods that a person knows/ or should have known were stolen or illegally obtained.

Arson

willfully and maliciously burning a building owned by another, or ones own personal property to collect insurance benefits.

Forgery

fraudulently altering a document

Public order crime

activities considered contrary to public values and morals such as public drunkenness, drug use and gambling. Victimless crimes.

White collar crime

occurs in business context to obtain business/personal advantage.

Embezzlement

fraudulently appropriating money or other property one has been entrusted to handle.

Mail and Wire Fraud

any scheme that uses US mail, commercial carriers, or wire with the intent to defraud the public.

Bribery

• the act of offering to give something of value to a person in order to influence that a persona in a way that serves a private interest.

  • Occurs when the bribe is offered, it is not required that the bribe be accepted.

Insider trading

buying or selling publicly traded securities on the basis of inside information.

Theft of trade secrets

knowingly buying or possessing another's trade secrets without the others authorization.

Organized crime

operates illegitimately by providing illegal goods and services.

Money laundering

engaging in financial transactions that conceal the identity, source, or destination of illegally gained funds through a legitimate business enterprise.

Racketeering

• to curb organized crime's entry into the legitimate business world, congress enacted the racketeer influenced and corrupt organization act (RICO).

  • The broad language of RICO can apply in cases that have little or nothing to do with organized.

Justifiable use of force

self-defense is legally recognized privilege to protect one's self, another person or property against injury by another. This privilege only protects acts that are reasonably necessary to protect one's self or property, using nondeadly force whenever possible.

Necessity

 necessary to prevent greater harm

Insanity

a person with a mental illness may be incapable of the state of mind required to commit a crime. Courts use tests to determine the defendant's state of mind

Mistake

a mistake of fact can normally excuse criminal responsibility if it negates the mental state necessary to commit a crime.

Duress

wrongful threat induces another to commit a crime that they would not have done otherwise.

Entrapment

defendant claims they were induced by a public official to commit a crime that they would otherwise not have committed

Statute of limitations

A law that sets the maximum time period during which a prosecution for a crime can be initiated after the alleged offense has occurred. If the time limit expires, the prosecution generally cannot proceed. The specific time period varies depending on the type and severity of the crime.

Immunity

an option given to a defendant that allows her not to be prosecuted in exchange for information given to the state.

Fourth amendment protections:

No warrant without a probable cause.

Scope of warrant

The exclusionary rule

evidence obtained in violation of the accused's fourth, fifth, or sixth amendment rights. As well as any evidence derived from illegally obtained evidence is not admissible at trial.

• Purpose: to deter police from conducting warrantless searches and following other improper procedures.

The Miranda rule:

an individual who is arrested must be informed of certain constitutional rights.

• Exception: custodial interrogation