Criminal Law and Cyber Crime Overview

Criminal Law

Government vs person

Crimes

A wrong against society

Civil Law

Person vs person

Burden of Proof

The standard of evidence required to establish a fact in court

Preponderance of the evidence

More likely than not that defendant committed the act

Beyond a reasonable doubt

No other logical explanation that can be derived from the facts other than the defendant committed the crime

Felony

A crime, such as arson, murder, rape, or robbery - that carries in the most severe sanctions, ranging from more than one year in a state or federal prison to the death penalty.

Misdemeanors

A lesser crime than a felony, punishable by fine or incarceration in jail for up to one year

Petty offense

The least serious kind of criminal offense such as a traffic or building-code violation

Actus reus

The criminal act

Mens rea

State of mind; wrongful mental state or intent or recklessness/criminal negligence enough

Recklessness

A form of mens rea indicating a disregard for the consequences of one's actions

Criminal Negligence

Failure to be aware of a substantial and unjustifiable risk that results in harm

Strict Liability

Some offenses do not require a wrongful mental state or criminal liability

Overcriminalization

The point of view that there are far too many federal laws/regulations that carry criminal penalties

Criminal Liability of Corporate Entity

Crimes must occur within scope of employment; corporations can be held criminally liable when they fail to fulfill certain statutory duties

Liability of corporate officers and directors

Personal liability for crimes committed by corporate directors and officers; can be held liable for subordinates

Violent crime

Cause others to suffer harm or death

Robbery

Taking of cash, personal property or any other article of value from a person by means of force or fear

Aggravated robbery

Robbery with the use of a deadly weapon

Burglary

Unlawful entry with intent to commit a felony

Larceny

Wrongful taking of another's property with the intent to permanently deprive owner of the property (force or fear not required)

Obtaining Goods by False Pretenses

Theft involving trickery or fraud (ex using lost credit card)

Receiving Stolen Goods

Receipt of goods one knows were or should have known were illegally obtained

Arson

Intentional burning of a building (ex. burning down home to collect insurance proceeds)

Forgery

Fraudulent making or altering of writing that changes legal rights of another (cashing a check from another person, signing for someone else)

Public Order crime

Contrary to public morals and values; often victimless crimes (only harm offender) perpetuity to influence additional crimes.

Public drunkenness

The act of being intoxicated in a public place.

Prostitution

The act of engaging in sexual activity in exchange for payment.

Gambling

The act of risking money or valuables on an event with an uncertain outcome.

Illegal drug use

The consumption of controlled substances that are prohibited by law.

White collar crime

Crimes committed in a business context that are non-violent.

Embezzlement

When a person entrusted with another's property fraudulently appropriates it.

Mail/Wire Fraud

Fraud involving the use of mail or electronic communications.

Bribery

Offering something of value to influence someone to act in a way that serves a private interest.

Foreign Corrupt Practices Act

A law that prohibits U.S. companies from bribing foreign officials.

Bankruptcy Fraud

The act of concealing assets or lying about debts in a bankruptcy case.

Theft of Trade Secrets

Buying, selling, or stealing trade secrets of a business.

Insider Trading

Using non-public information for personal gain in stock trading.

Organized crime

Criminal organizations that operate in illegitimate businesses.

Money Laundering

The process of making illegally obtained funds appear legitimate.

Placement

The initial stage of money laundering where illegal funds are introduced into the financial system.

Layering

The process of concealing the source of illegally obtained funds through complex transactions.

Integration

The final stage of money laundering where the funds are reintroduced into the economy.

Racketeering

A pattern of illegal activity carried out to make money, often involving extortion.

Use of Force

The application of physical power to protect oneself or others.

Necessity

A defense claiming that a crime was committed to prevent a greater harm.

Insanity

A defense arguing that a person was not in a sound mental state at the time of the crime.

Mistake

A defense based on a misunderstanding of fact, not law.

Duress

Unlawful pressure causing someone to commit an act they would not otherwise commit.

Entrapment

A defense claiming that authorities induced a person to commit a crime.

Statute of Limitations

The time period in which legal action must be initiated.

Immunity

Protection granted to a defendant in exchange for testimony against another.

4th Amendment

Protects against unreasonable searches and seizures.

Search Warrant

A legal document authorizing a search of a specific location.

Probable Cause

Reasonable grounds for believing that a search should be conducted.

Reasonable Expectation of Privacy

The belief that one's privacy will be respected.

5th Amendment

Protects against self-incrimination and ensures due process.

Double Jeopardy

The principle that a person cannot be tried twice for the same crime.

Self-Incrimination

The right to not testify against oneself.

Sixth Amendment

Provides rights related to criminal prosecutions.

Right to Speedy Trial

The right to have a trial without unnecessary delay.

Right to Jury Trial

The right to have a trial by a jury of peers.

Right to Public Trial

The right to have a trial open to the public.

Right to Confront Witnesses

The right to face and question witnesses against oneself.

Right to Counsel

The right to have legal representation in criminal trials.

Eighth Amendment

Prohibits excessive bail, fines, and cruel and unusual punishment.

Exclusionary Rule

Prevents illegally obtained evidence from being used in court.

Miranda v. AZ

A Supreme Court case that established the requirement of Miranda warnings.