Chapter 8
Criminal Law and
Cyber Crimes
§1: Civil vs. Criminal Law
Major differences:
Civil (Tort)
Criminal
Preponderance
Damages
Beyond Reasonable
Doubt
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.
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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Corporate Criminal Liability [2]
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).
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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.
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
immanent 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.
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Criminal Process
Arrest
Booking
Trial
Guilty
Plea
Initial
Appear
Prelim
Hearing
Arraignment
Charges
Filed
Plea
Bargain
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The “Miranda” Rule
Miranda v. Arizona in 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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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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Fifth Amendment
The Fifth Amendment requires that no
one can be denied life, liberty or property
with “due process.”
Prohibits “double jeopardy” (tried twice
for same crime).
Prohibits self-incrimination.
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Sixth Amendment
The Sixth Amendment guarantees the
accused the rights to:
A speedy trial.
A trial by jury for criminal cases.
Confront his witnesses (cross-examination).
Counsel paid by state.
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§8: Cyber Crime
Cyber crimes involve the use of computers in
cyberspace to injure a person or property.
Most cyber crimes are based on existing
common law crimes, with exceptions:
 Identity Theft
 Cyber Stalking
 Hacking
 Cyber Terrorism
Computer Fraud and Abuse Act helps
prosecute computer crime.
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Case 8.1: US v. Hanousek
(Liability of Corporate Officers & Directors)
FACTS:
Hanousek was responsible for an Alaskan
railroad. One of his employees using a
backhoe punctured the pipeline
discharging 1,000 to 5,000 gallons of oil
into a river.
Hanousek was convicted of criminal
provisions of the Clean Water Act.
Hanousek appealed, arguing that the
statute under which he was convicted
violated his right to due process.
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Case 8.1: US v. Hanousek
(Liability of Corporate Officers & Directors)
HELD: CONVICTION AFFIRMED.
The Clean Water Act is public welfare legislation,
which “is designed to protect the public from
potentially harmful or injurious items and may
render criminal a type of conduct that a
reasonable person should know is subject to
stringent public regulation.”
Hanousek knew about the pipeline and the danger
that a puncture would pose. “Therefore,
Hanousek should have been alerted to the
probability of strict regulation.”
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Case 8.2: Miranda v. Arizona
(Criminal Procedure)
FACTS:
Miranda was arrested for kidnapping and raping
an eighteen-year-old girl near Phoenix, Arizona.
During the police interrogation Miranda, who was
not informed of his right to remain silent or his
right to counsel, confessed to the crime.
The confession was introduced at trial, and
Miranda was convicted. Miranda appealed,
claiming that he had not been informed of his
constitutional rights.
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Case 8.2: Miranda v. Arizona
(Criminal Procedure)
HELD: CONVICTED REVERSED.
 The US Supreme Court ruled the confession was
inadmissible as evidence.
 As a prerequisite to the admissibility of any statement made
by a defendant, the defendant must be informed, before a
police interrogation, of certain constitutional rights.
 These are: (1) that he or she has a right to remain silent, (2)
that anything said can and will be used against the individual
in court, (3) that he or she has the right to have an attorney
present during questioning, and (4) that if the individual
cannot afford an attorney, one will be appointed. If the
accused waives his or her rights to remain silent and to have
counsel present, the government must be able to
demonstrate that the waiver was done knowingly and
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intelligently.
Case 8.3: U.S. v. Middleton
(Computer Crime)
FACTS:
Middleton, a disgruntled former employee of
Slip.net, changed all the passwords, altered the
computer’s registry, and deleted the entire billing
system and two internal databases.
Slip.net spent more than 150 man-hours, and
bought new software
Middleton was convicted under the Computer
Fraud and Abuse Act (CFAA). He appealed,
arguing that the term individual, as used in the
statute’s definition of damage, did not include a
corporation.
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Case 8.3: U.S. v. Middleton
(Computer Crime)
HELD: CONVICTION AFFIRMED.
The Ninth Circuit held the term individual in the
CFAA included a corporation and affirmed
Middleton’s conviction.
Iif Congress intended to limit the definition of the
crime to conduct causing financial damage to a
natural person only, its report would not use the
example of a ‘system administrator’ * * * as
illustrative of the ‘damage’ to be prevented and
criminalized.” The report also noted the
widespread business use of computers.
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