ESSENTIALS OF THE LEGAL ENVIRONMENT today, 5e ROGER LEROY MILLER © 2016 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use.

CRIMINAL LAW AND CYBER CRIME Chapter 7 © 2016 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use.

LEARNING OBJECTIVES What two elements must exist before a person can be held liable for a crime? What are five broad categories of crimes? What is white-collar crime? What defenses can be raised to avoid liability for criminal acts? What constitutional safeguards exist to protect persons accused of crimes? How has the Internet expanded opportunities for identity theft? © 2016 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use.

Civil Law and Criminal Law Key Differences between Civil Law and Criminal Law Burden of proof Civil case: Plaintiff must prove case by a preponderance of the evidence Criminal case: Prosecution must prove case beyond a reasonable doubt Criminal sanctions Sanctions imposed in criminal cases are harsher than civil cases. Civil Liability for Criminal Acts © 2016 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use.

Exhibit 7.1 © 2016 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use.

Criminal Liability For a person to be convicted of a criminal act, two elements must exist simultaneously: The performance of a prohibited act A specified state of mind or intent on the part of the actor LO-1 © 2016 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use.

Criminal Liability The Criminal Act State of Mind Actus reus – prohibited act Most are acts of commission, but in some situations, failure to do something can be a criminal act, e.g., not filing a tax return. State of Mind Mens rea – wrongful mental state Recklessness and criminal negligence Strict liability and overcriminalization © 2016 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use.

Criminal Liability Corporate Criminal Liability Liability of the 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 © 2016 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use.

Types of crimes Violent crime Property crime Public order crime White-collar crime Organized crime LO-2 © 2016 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use.

Types of Crimes Violent Crime Robbery Murder Rape Assault and battery Crimes against persons further classified by degree depending on the circumstances Robbery Murder Rape Assault and battery © 2016 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use.

Types of Crimes Property Crime Most common, involves money or property Burglary Larceny Obtaining goods by false pretenses Receiving stolen goods Arson Forgery © 2016 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use.

Types of Crimes Public Order Crime Public drunkenness Prostitution Gambling Illegal drug use © 2016 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use.

Types of crimes White-Collar Crime Embezzlement Mail and wire fraud Bribery Theft of trade secrets Insider trading © 2016 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use.

Types of Crimes Organized Crime Money Laundering Racketeer Influenced and Corrupt Organizations Act (RICO) Criminal provisions (includes 26 different types of felonies with fines up to $25,000 and 20 years in prison for each offense) Civil penalties include forfeiture, and treble damages © 2016 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use.

Defenses to criminal liability Justifiable Use of Force Necessity Insanity Mistake Duress Entrapment Statute of Limitations Immunity LO-3 © 2016 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use.

Criminal procedures Constitutional Safeguards Fourth Amendment – unreasonable searches and seizures Fourth Amendment – no warrant without probable cause Fifth Amendment – due process of law Fifth Amendment – double jeopardy Fifth Amendment – self-incrimination Sixth Amendment – speedy trial, trial by jury, public trial, right to confront witnesses, right to counsel Eighth Amendment – excessive bail and fines, cruel and unusual punishment LO-4 © 2016 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use.

Criminal Procedures Fourth Amendment Protections The Exclusionary Rule Probable cause Reasonable grounds for believing that a search should be conducted or an arrest made Reasonable expectation of privacy The Exclusionary Rule Prevents evidence obtained illegally or without a proper search warrant from being admissible in court © 2016 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use.

Criminal procedures The Miranda Rule Criminal Process 1966 Miranda v. Arizona Criminal Process Arrest Indictment or information Trial Federal Sentencing Guidelines Sentencing Reform Act © 2016 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use.

Cyber Crime Computer crime: The unlawful use of a computer or network to take or alter data, or to gain the use of computers or services without authorization Cyber crime: A crime that occurs in the online environment rather than in the physical world © 2016 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use.

Cyber Crime Cyber Fraud Fraud committed over the Internet with the intention to deceive for the purpose of obtaining property or funds Online auction fraud Online retail fraud © 2016 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use.

Cyber Crime Cyber Theft Identify theft Phishing Employment fraud Internet provides easier access to private data Phishing E-mail fraud scam Employment fraud Asks job seekers to reveal information for identity theft by posing as employment officer Credit-card numbers Companies take risks storing online customers’ credit-card numbers for repeat purchases LO-5 © 2016 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use.

Cyber Crime Hacking Hacker: uses one computer to break into another Malware Worm Virus Cyberterrorism © 2016 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use.

Cyber Crime Prosecuting Cyber Crime Determining the “location” of a cyber crime and identifying criminals are significant challenges for law enforcement Jurisdiction and identification challenges The Computer Fraud and Abuse Act (CFAA) Counterfeit Access Device and Computer Fraud and Abuse Act Provides criminal prosecution for cyber crimes © 2016 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use.