Chapter 8: Criminal Law and Cybercrime

Learning Objectives

  • 8.1 Define crime and describe the essential elements of a crime.
  • 8.2 Describe criminal procedure, including arrest, indictment, and arraignment.
  • 8.3 Describe a criminal trial and the standard of proof required to find a person guilty.
  • 8.4 Describe common crimes such as murder, robbery, and larceny.
  • 8.5 Identify and describe business and white-collar crimes.
  • 8.6 List and describe cybercrimes.
  • 8.7 Explain the Fourth Amendment protection from unreasonable search and seizure.
  • 8.8 Explain the Fifth Amendment privilege against self-incrimination and other recognized privileges.
  • 8.9 Explain protections provided by the Double Jeopardy Clause, the right to a public jury trial, the right to counsel, and protection against cruel and unusual punishment.

Introduction to Criminal Law

  • Accused persons are presumed innocent until proven guilty.
  • The government carries the burden of proof.
  • The standard for conviction: beyond a reasonable doubt.
  • Conviction requires unanimous jury decision.
  • Constitutional safeguards are in place during the criminal justice process.

Definition of Crime

  • A crime is defined as any act by an individual that violates duties owed to society:
    • Breach of duty results in penalties imposed by law.
  • The penal code is a collection of criminal statutes that:
    • Define what constitutes a crime.
    • Specify penalties for offenses.
  • Types of codes:
    • State penal codes: Comprehensive laws within states.
    • Federal criminal code: Defines federal offenses.

Parties to a Criminal Action

  • Plaintiff: The government (prosecutor).
  • Defendant: The accused individual.
    • Defense may be provided by a public defender or private attorney.

Criminal Penalties

  • Penalties can include:
    • Fines.
    • Imprisonment aimed at:
    • Incapacitating the offender.
    • Rehabilitation.
    • Deterrence of future offenses.
    • Preventing personal retribution.

Classification of Crimes

  • Felonies: Punishable by imprisonment for one year or more.
  • Misdemeanors: Punishable by fines or imprisonment for one year or less.
  • Violations: Minor offenses usually punished by fines.

Intent and Nonintent Crimes

  • Intent crimes require both:
    • Actus reus: Criminal act.
    • Mens rea: Criminal intent.
    • Types: Specific intent and general intent.
  • Nonintent crimes: Liability imposed without intent, often involving recklessness.
  • Strict liability crimes: Offenses where prosecution does not require proving intent.

Criminal Procedure

  • Arrest: Requires a warrant based on probable cause.
    • Warrantless arrests are allowed in specific circumstances, such as during a crime or imminent evidence destruction.
  • Booking: Administrative recording of arrest details.
  • Indictment: Formal charge by a grand jury; information statement by a magistrate.
  • Arraignment: Accused informed of charges and enters a plea.
    • Nolo contendere: No contest plea.
    • Plea bargain: Negotiation to avoid trial.

Criminal Trials

  • Verdict must be unanimous; a hung jury means no decision can be reached.
  • A convicted defendant can appeal; a defendant found not guilty cannot be appealed against.

Common Crimes

  • Murder: Unlawful killing categorized into different degrees based on intent.
    • Degrees include first-degree, second-degree, voluntary, and involuntary manslaughter.
    • Felony murder rule: Applies if murder occurs during the commission of a felony.
  • Robbery: Taking of property by force or fear; armed robbery involves weapons.
  • Burglary: Unlawful entry into a structure to commit a crime.
  • Larceny: Wrongful taking of another's property without force, potentially categorized as grand or petty based on value.
  • Theft: General term incorporating robbery, burglary, and larceny.
  • Arson: Deliberate burning of property.

Business and White-Collar Crimes

  • White-collar crime: Offenses typically committed by business professionals.
    • Forgery and embezzlement are key examples.
  • Bribery: Offering anything of value for a favor; extortion involves coercion for money.
  • Criminal fraud: Obtaining property through deceit; includes mail and wire fraud.
  • Money laundering: Concealing illegally obtained income.
  • RICO: Federal law targeting racketeering activity.

Cybercrimes

  • IIP Act: Criminalizes unauthorized access to protected computers.
  • CFAA: Addresses computer fraud, covering the illegal acquisition of sensitive data.
  • Wiretap and SCA: Govern interception and access to electronic communications.

Constitutional Protections

  • Fourth Amendment: Protects against unreasonable search and seizure; warrants are necessary unless exceptions apply.
    • Exclusionary rule: Prohibits improperly obtained evidence from trial.
  • Fifth Amendment: Protects against self-incrimination; includes Miranda rights.
  • Double Jeopardy Clause: Individuals cannot be tried twice for the same crime.
  • Eighth Amendment: Prohibits cruel and unusual punishment, critical in capital punishment cases.