Chapter 8
Criminal Law and
Cyber Crimes
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§1: Civil and Criminal Law
Major differences:
Civil (Tort)
Criminal
Preponderance
Beyond Reasonable Doubt
Damages
Jail or Prison
Private (parties hire their
own attorneys)
Public (Prosecutor
represents community)
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§2: Classification of Crimes
An act can have both civil and criminal
consequences. (O.J. Simpson trials)
Felonies
Serious crimes,
punishable by Death or
prison for more than one
(1) year.
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Misdemeanors
Non-serious (petty)
crimes punishable by jail
for less than one(1) year
and/or by fines.
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§3: Essentials of
Criminal Liability
To be convicted of a crime, a person must:
 Commit a guilty act (actus reus).
 Have the guilty mind (mens rea) during
commission of the guilty act.
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§4: Corporate Criminal Liability
A corporation is creature of state statute.
A corporate entity may be convicted of a crime.
Punishment would be fines and/or denial of
certain legal privileges.
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Liability of Corporate Entity
Corporations may be convicted of criminal
activity if:
 Crime is within agent/employee’s scope of
employment;
 Corporation fails to perform a legally required duty;
or
 Crime authorized or requested by corporate
principal/officer.
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Liability of Corporate Officers
Corporate officers and directors are personally
liable for crimes they commit.
Also, they may be criminally liable for acts of
their under the “Responsible Corporate Officer”
doctrine. U.S. v. Park (1975).
Case 8.1: U.S. v. Hanousek (1999).
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§5: Types of Crimes
Violent Crimes.
 Murder, sexual assault, rape, robbery.
Property Crimes.
 Burglary, larceny, theft of trade secrets, theft of
services, arson, receipt of stolen goods, forgery.
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“White Collar” Crimes
Crimes occurring in the business context
using non-violent means to obtain personal or
business advantage.
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Embezzlement.
Mail or Wire Fraud (federal).
Bribery.
Bankruptcy Fraud (federal).
Insider Trading (federal).
Theft of Trade Secrets (federal).
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Organized Crime
Operates illegitimately by providing illegal goods
and services:
 Money Laundering.
 RICO(criminal and civil liability).
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§6: Defenses to Criminal Liability
Infancy (juvenile).
Involuntary Intoxication: is a defense if
person was incapable of understanding act.
Insanity: defendant lacked substantial
capacity to appreciate the wrongfulness of
act or to conform act to law.
Mistake.
Duress.
Consent.
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Defenses [2]
Self-Defense of People and Property: use deadly
force if reasonable belief of imminent death or
serious injury; cannot use deadly force to protect
property alone.
Necessity: criminal act necessary to prevent
greater harm.
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Defenses [3]
Entrapment: prevents government from
encouraging crimes. Key issue: was the
defendant pre-disposed to commit the act?
Statute of Limitations.
Immunity.
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§7: Criminal Procedures
U.S. Constitution provides specific safeguards
for those accused of crimes at federal and state
level.
Criminal procedures are designed to protect
against the arbitrary use of power by the
government.
Case 8.2: People v. McFarlan (2002).
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Fourth Amendment
The Fourth Amendment protects against
unreasonable search and seizures.
No warrant for search or arrest can issue without
probable cause.
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Exclusionary Rule
Evidence obtained in violation of Constitutional
amendments is excluded from trial.
Deter police from warrantless searches, seizures
and misconduct.
“Inevitability” and “good faith” are exceptions to
the rule.
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The “Miranda” Rule
Case 8.3: Miranda v. Arizona (1966) required
police to inform suspects of their constitutional
rights.
The Supreme Court upheld Miranda in
Dickerson v. U.S. (2000).
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Arrest
(Requires Probable Cause)
Criminal
Process
Initial Appearance
(Before Judge)
Preliminary Hearing
(Determines Probable Cause)
Grand Jury
D.A's Office
Arraignment
Plea Bargain
Trial
Change of Plea to Guilty
Prosecutor must prove
guilt beyond reasonable doubt
Sentencing
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§8: Cyber Crime
Computer crime: any act directed against
computers or that uses computers as an
instrumentality of a crime.
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Cyber Theft
Financial Crimes.
Identity Theft.
Cyber Stalking.
Hacking and Cyber Terrorism.
Computer Fraud and Abuse Act (1996.
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Law on the Web
Department of Justice statistics.
CourtTV.com
“Anatomy of a Murder.”
Findlaw.com
U.S. DOJ CyberCrimes site.
Legal Research Exercises on the Web.
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