1. ESSENTIALS OF THE LEGAL ENVIRONMENT today, 5e
ROGER LEROY MILLER
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2. CRIMINAL LAW AND CYBER CRIME
Chapter 7
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3. 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?
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4. 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
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5. Exhibit 7.1
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6. 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
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7. 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
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8. 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
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9. Types of crimes Violent crime Property crime Public order crime
White-collar crime
Organized crime
LO-2
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10. 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
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11. Types of Crimes Property Crime Most common, involves money or property
Burglary
Larceny
Obtaining goods by false pretenses
Receiving stolen goods
Arson
Forgery
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12. Types of Crimes Public Order Crime Public drunkenness Prostitution
Gambling
Illegal drug use
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13. Types of crimes White-Collar Crime Embezzlement Mail and wire fraud
Bribery
Theft of trade secrets
Insider trading
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14. 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
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15. Defenses to criminal liability
Justifiable Use of Force
Necessity
Insanity
Mistake
Duress
Entrapment
Statute of Limitations
Immunity
LO-3
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16. 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
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17. 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
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18. Criminal procedures The Miranda Rule Criminal Process
1966 Miranda v. Arizona
Criminal Process
Arrest
Indictment or information
Trial
Federal Sentencing Guidelines
Sentencing Reform Act
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19. 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
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20. 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
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21. Cyber Crime Cyber Theft Identify theft Phishing Employment fraud
Internet provides easier access to private data
Phishing
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
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22. Cyber Crime Hacking Hacker: uses one computer to break into another
Malware
Worm
Virus
Cyberterrorism
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23. 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
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