BL02.02 PPT 11 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 Defendant (1) Person accused of the crime

BL02.02 PPT 16 Classifying a Crime According to Seriousness What is the most serious? Felony Fine of more than $1,000 Imprisonment or death What is less serious? Misdemeanor Fine and/or probation

BL02.02 PPT 17 Elements of a crime Criminal Act Must violate a statute 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 Malice aforethought? 1 st degree—aggravated (premeditated, cruelty, torture, rape, robbery, kidnapping) 2 nd degree—non of the above conditions apply Manslaughter Voluntary? Intentional Involuntary Occurs while committing an unlawful or reckless act

BL02.02 PPT 111 Crimes Against People-continued Assault - Attempt (pointing or shooting at someone) Aggravated (Usually felony)-using deadly weapon with intent Simple (misdemeanor) Battery Hitting

BL02.02 PPT 112 Crimes Against People-continued Kidnapping Unlawful removal against person’s will Sex offenses Statutory rape Date rape (acquaintance rape)

BL02.02 PPT 113 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 114 Crimes Against Property Assignment-define the terms: What is the difference between Burglary- Larceny - Embezzlement - Robbery- Define the following term: Arson-

BL02.02 PPT 115 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 Forgery False making or changing of a writing with intent to fraud.

BL02.02 PPT 116 Crimes Against Business, continued Bribery Giving something of value to influence Extortion (blackmail) Obtaining money or other property from a person by wrongful use of force, fear, or the power of office. Computer Crimes

BL02.02 PPT 117 Types of Crimes-Assignment Create a chart from the FBI website on the Number of Arrests by Age and Sex for most recent data. Complete the branching classification graphic (02.02 ACT 13) using the requested information: Crimes against people (show stats) Crimes against property (show stats) Business crimes – white collar crimes (show stats) Write a one to two paragraph brief on your observations by ages, race, comparing N.C. with another state, etc. Try to put yourself into the environment of the state you choose before rationalizing and/or making a decision.

BL02.02 PPT 118 Essential Questions List and explain the defense used in criminal cases. What happens after a person is convicted by a jury?

BL02.02 PPT 119 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 120 M'Naughten Rule Traditional "right and wrong" test of legal insanity in criminal prosecutions. Under M'Naughten (its name comes from the trial of a notorious English assassin in the early 1800s), a defendant is legally insane if he/she cannot distinguish between right and wrong in regard to the crime with which he/she is charged. If the judge or the jury finds that the accused could not tell the difference, then there could not be criminal intent. Tests for lack of capacity to "think straight" are used in most states either under the American Law Institute's Model Penal Code or the "Durham Rule.“

BL02.02 PPT 121 Defenses to a Crime, continued Entrapment Induced into breaking the law by a law enforcement officer

BL02.02 PPT 122 Defenses to a Crime, continued Self-Defense Defending yourself from danger Must retreat, if possible

BL02.02 PPT 123 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 124 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 125 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 126 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 127 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 128 The Melissa Virus The Melissa virus refers to a computer macro virus that can infect computers and gateways, when users run Microsoft Word 97 or 2000, or Microsoft Outlook 97 or 98. Usenet groups first received the virus, created by David L. Smith, in the late 1990s. By the end of the 1990s, some users and mail clients were shut down by the clogged replicated s being sent and received by infected computers. Companies like Lucent, Microsoft and Intel all had to temporarily shut down their servers because the virus was generating huge amounts of dummy s and clogging the system.computermacro virus Usenet

BL02.02 PPT 129 The Melissa Virus The virus has several forms and may infect a computer is the following manner: 1. The virus comes in.DOC formation, and attempts to replicate and send itself to other computers via addresses on the computer. 2. A variant of the virus does the above and also attempts to delete files. 3. The user receives an titled “My Pictures” which is blank but contains an attached file. When opened, it deletes data and sends itself to the first 40 entries in a person’s address list.

BL02.02 PPT 130 The Melissa Virus Punishment Authorities worked diligently to catch David Smith, and it took three agencies, the FBI, Monmouth Internet, and the New Jersey State Police to discover Smith, identify him as the programmer and arrest him by the end of Smith is known for not only creating the virus, but also for creating the most expensive virus to companies (so far), and for being among the first prosecuted for creating a vicious hazard to individuals and corporations alike. He was fined $5,000 and sentenced to 10 years in prison, but he cooperated with authorities and had his sentence and fines reduced. He later went to work for the FBI to track down viruses, find people who are writing them, and look for solutions when viral infections of a computer or network occurs.corporations

BL02.02 PPT 131 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 132 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

BL02.02 PPT 133 Assignment for the Attorneys You are hereby assigned the following responsibilities: Write a narrative (1 page minimum) summarizing what you learned from the unit on Criminal Law and its impact on your life. Take a posttest on the objective to measure what you should know about the subject matter. Discuss results with teacher and prepare to retest if the need occurs. Court is dismissed!