CHAPTER FIVE CRIMINAL LAW MUSOLINOSUNY CRIMINAL & BUSINESS LAW

Learning Objectives 1. Explain the purpose of criminal law 2. Enumerate the various categories and classes of crimes 3. Describe the nature of an act according to the meaning of criminal liability 4. Identify the four mental states that can be found in the criminal code 5. Distinguish motive from the required elements of criminal liability

Learning Objectives 6. Explain the various theories of punishment within criminal law 7. Enumerate and explain the elements of several key crimes 8. Define and explain the nature of e-crime 9. Explain the three standards for the insanity defense found in criminal law 10. Outline the requirements of entrapment as a defense against criminal liability

Definition and Classes of Crimes  A crime –an offense against the public at large.  The primary objectives of criminal law are to: –protect the public at large –preserve harmony and stability within society –discourage future disruptive conduct.

Criminal Law in the American System  Federal Criminal Law  Criminal Law as a Complex Adaptive System

Federal Criminal Law  The federal government has no express power in the Constitution that allows it to enact criminal law statutes or establish a national police force  FBI

Question? What is a crime punishable by death or imprisonment in a federal or a state prison? A. Misdemeanor B. Felony C. Code violation D. Embezzlement

Classes of Crimes  A felony –a crime punishable by death or imprisonment in a federal or a state prison for a term exceeding one year –Manslaughter, armed robbery, and arson  A misdemeanor –a less serious crime, generally punishable by a prison sentence of not more than one year –Traffic violations and building code violations

Elements of a Crime  A Criminal Act –Omissions and Refusals to Act –Involuntary Movement or Behavior  The Required State of Mind –Purpose –Recklessness –Knowledge –Negligence

Question? When people act with an awareness that a particular result will probably occur it is known as ___________. A. Purpose B. Knowledge C. Recklessness D. Negligence

The Required State of Mind  Purpose –individuals intend to cause the result that in fact occurs  Knowledge –people act with an awareness that a particular result will probably occur

The Required State of Mind  Recklessness –involves a perverse disregard of a known risk of negative consequences  Negligence –people fail to see the possible negative consequences of their actions

Question? What is a wrongdoer’s reason for committing a crime? A. Negligence B. Intention C. Purpose D. Motive

The Matter of Motive  Motive –wrongdoer’s reason for committing a crime

Elements of a Crime  The Matter of Punishment –Protecting the public at large –Individual offenses and punishment

The Matter of Punishment  Protecting the public at large –Deterrence –Education –Retribution

The Matter of Punishment  Individual offenses and punishment –Prevention –Restraint –Rehabilitation

Crimes Against People  Homicide –Any killing of one human by another –Murder, manslaughter  Battery –unlawful touching of another person.  Assault –an attempt to commit a battery.

Question? What is the unlawful abduction of an individual against that person’s will? A. Kidnapping B. Burglary C. Arson D. Robbery

Crimes Against People  Kidnapping –The unlawful abduction of an individual against that person’s will  Hate speech –the use of certain symbols, writings, and speech intended to provoke outrage or fear on the basis of race, religion, color, or gender

Crimes Against Property  Burglary –consists of a break-in of a dwelling or other building for the purpose of carrying out a felony  Arson –the willful and malicious act of causing the burning of another’s property  Robbery –The act of taking personal property, including money, from the possession of another against that person’s will, in that person’s presence, and under threat to do great bodily harm or damage

Crimes Against Property  Larceny –taking and carrying away the personal property of another without the right to do so  Extortion –taking another’s property with consent when such consent is coerced by threat to injure the victim’s person, property, or reputation –blackmail

Question? What is the false making or changing of a writing with the intent to defraud? A. Larceny by false pretenses B. Embezzlement C. Bribery D. Forgery

Crimes Involving Business  Larceny by false pretenses –The taking of someone’s money or property by intentionally deceiving that person  Embezzlement –Individuals who wrongfully take property entrusted to their care

Crimes Involving Business  Bribery –involves a corrupt agreement induced by an offer of reward  Forgery –the false making or changing of a writing with the intent to defraud

Crimes Involving Business  Racketeer Influenced and Corrupt Organizations (RICO) Act –Under provisions of this statute, conducting a legitimate business with the funds acquired from a “pattern of racketeering activities” can give rise to criminal liability

Electronic Crimes  E-trespass –the process of gaining access to a computer with the intent to commit a crime

State Electronic Crimes

Crimes Committed with a Computer  Electronic extortion –occurs when an experienced hacker gains access to the computer records of a corporation or other institution and discovers some sort of illegal, negligent, or unethical conduct that might embarrass or otherwise damage the reputation or the financial health of the target organization

Crimes Committed with a Computer  Electronic stalking –involves targeting individuals for exploitation using their computer connections  Electronic spoofing –an electronic criminal must falsely adopt the identity of another computer user or create a false identity on a computer Web site to commit fraud

Crimes that Target Computers  Electronic terrorism –involves using a computer to disrupt or destroy one of the critical elements of the nation’s electronic infrastructure  Identity theft –a perpetrator steals credit card information, financial data, access codes, passwords, or debit card information and then passes himself or herself off as the victim

Crimes that Target Computers  Electronic vandalism –e-vandals attack a computer system so that a Web site is completely destroyed or paralyzed to the extent that legitimate business can no longer be conducted on that site  Electronic germ warfare –criminals use viruses to attack a computer system

Federal E-Crimes  The Computer Fraud and Abuse Act  The Wiretap Act  The Unlawful Access to Stored Communications Act  The Identity Theft Act  The Access Device Fraud Act  The CAN SPAM Act

Criminal Liability and Defenses

Defenses to Criminal Liability  The Insanity Defense –Competency to Stand Trial –Not Guilty by Reason of Insanity (NGRI) M’Naughten Rule Irresistible impulse test American law institute test

Question? If a law enforcement officer induces a law- abiding citizen to commit a crime it is called __________. A. Insanity B. Mistake C. Entrapment D. Justifiable force

Defenses to Criminal Liability  Entrapment –If a law enforcement officer induces a law- abiding citizen to commit a crime  Justifiable Force –Self-defense –Defense of others –Battered spouse syndrome  Mistake