BL02.02 PPT 11 Objective Criminal Law

BL02.02 PPT 12 Essential Questions What is crime? What are the possible punishments for a crime? Who are the participants of a trial? What are the classifications of a crime? What are the elements of a crime?

BL02.02 PPT 13 Crime An act against the public good NOTE: Each statute that defines a crime must specifically explain the conduct that is forbidden by that statute. No act can be considered a crime unless it is prohibited by the law of the place where it is committed and unless the law provides for the punishment of offenders.

BL02.02 PPT 14 4 Punishments for a Crime? Imprisonment Fine Probation Community Service Combination of the above

BL02.02 PPT 15 Participants of a Trial Plaintiff? (2) Government Prosecutor (attorney representing the state) Defendant (1) Person accused of the crime

BL02.02 PPT 16 Classifying a Crime According to Seriousness What is the most serious? Felony – major crime punishable by imprisonment or death What is less serious? Misdemeanor – less serious crime punishable by fine and/or probation

BL02.02 PPT 17 Elements of a crime Criminal Act Must violate a statute (law passed by legislative body) Required state of mind Depends on crimes definition Motive is NOT required

BL02.02 PPT 18 Assignment List 25 crimes Classify into crimes against people, property, or business (White Collar)

BL02.02 PPT 19 Types of Crimes Crimes Against People Social Crimes Crimes Against Property Business crimes (White Collar)

BL02.02 PPT 110 Crimes Against People Murder (unlawful killing of another human being with malice aforethought (premeditation)) Malice aforethought 1 st degree—aggravated (premeditated, cruelty, torture, rape, robbery, kidnapping) 2 nd degree—non of the above conditions apply Manslaughter (unlawful killing of another human being without malice aforethought (premeditation)) Voluntary Intentional Involuntary Occurs while committing an unlawful or reckless act

BL02.02 PPT 111 Crimes Against People-continued Assault - Attempt to commit battery (pointing or shooting at someone) Aggravated (Usually felony)-using deadly weapon with intent Simple (misdemeanor) Battery (unlawful touching of another person Hitting Kidnapping Unlawful removal or restraint against person’s will Sex offenses (sexual assault & misconduct) Statutory rape, Date rape (acquaintance rape)

BL02.02 PPT 112 Social Crimes Federal/State governments have the right to regulate health, safety, welfare, and morals of the people. Drug Use illegal and harmful substances Addiction-inability to function normally Alcohol Use Domestic Violence Physical or mental abuse

BL02.02 PPT 113 Crimes Against Property Burglary- The breaking and entering of a house with the intention of stealing something Larceny -the crime of taking someone’s property without the use of force but with the intention of never returning it. Embezzlement -the crime of taking property that has been entrusted to you Robbery-the crime of taking property from someone by threat or force. Arson-willful and malicious burning of the dwelling house of another or a building other than a dwelling

BL02.02 PPT 114 Crimes Against Business Characteristics of “White Collar Crimes”  Usually involve fraud  Usually non-violent Larceny by False Pretenses- Intended to mislead or defraud Induce victim to rely on them Example: con artists, identity theft Forgery False making or changing of a writing with intent to fraud.

BL02.02 PPT 115 Identity Theft or Identity Crisis?

BL02.02 PPT 116 Crimes Against Business, continued Bribery Giving something of value to influence Extortion Unjustly taking of money or thing of value Computer Crimes Illegally using hardware/software by copying and/or taking data from web sites or programs without prior permission

BL02.02 PPT 117 Essential Questions List and explain the defense used in criminal cases. What happens after a person is convicted by a jury?

BL02.02 PPT 118 Defenses to a Crime Insanity Must prove the M’Naughten Rule “At the time of the crime, was the defendant suffering from a mental disease so serious that he or she did not know what they were doing was wrong” If not guilty, what happens? Must serve time in a mental institution until determined to be stable.

BL02.02 PPT 119 Defenses to a Crime, continued Entrapment Induced into breaking the law by a law enforcement officer

BL02.02 PPT 120 Defenses to a Crime, continued Self-Defense Defending yourself from danger Must retreat, if possible

BL02.02 PPT 121 Defenses to a Crime, continued Defense of Family Members Person has the right to rescue a family member who is being attacked.

BL02.02 PPT 122 Punishment Fines-payment of specified amount of money as penalty for committing crime. Imprisonment –indefinite or indeterminate sentences Mandatory Sentencing What is the only thing a judge cannot do? Not allow you to see a family member.

BL02.02 PPT 123 Punishment, continued Death Penalty Three (3) Phases Jury determines guilt or innocence Pre-sentence Hearing (Judge/jury listens to arguments, examines evidence) Appeal to the Highest Court

BL02.02 PPT 124 Computer Laws The National Information Infrastructure Protection Act of 1996 was enacted as part of Public Law It amended the Computer Fraud and Abuse Act of 1986.

BL02.02 PPT 125 Computer Crimes Illegally using hardware and software by misuse of equipment, copying, and/or taking data from web sites for personal use without prior permission. Research information regarding The Melissa virus. Provide details on who, what, when, where, why and how. Discuss the three documents relating to this virus. Piracy Hacking

BL02.02 PPT 126 Telecommunication Law or Cyber Law Telecommunication law or Cyber law governs the legal issues of cyberspace. These terms are not restricted to the Internet. The terms include: computers computer networks the Internet data software etc.

BL02.02 PPT 127 Telecommunication Law/Cyber Law, continued Cyber law encompasses laws relating to: 1. Electronic and Digital Signatures 2. Computer Crime 3. Intellectual Property 4. Data Protection and Privacy 5. Telecommunications Laws