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 ForceDeadly 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 NonSolicited Pornography and Marketing- Allows
unsolicited emails but they cannot be misleading
Criminal Law and Cyber Crime
Chapter 6