Chapter 7: Criminal Law and Cyber Crime

All evidence derived from the illegal obtained evidence is known as ______, and such evidence normally must be excluded from the trial proceedings.

fruit of the poisonous tree

What may a court do under the responsible corporate officer doctrine?

A court may impose criminal liability on a corporate officer who participated in, directed, or merely knew about a given criminal violation.

Actus rea

A guilty act

Model Penal Code

A person is not responsible for criminal conduct if at the time of such conduct as a result of mental disease of defect he or she lacks substantial capacity either to appreciate the wrongfulness of his conduct or to confirm his conduct to the requirements of the law.

Irresistible-impulse test

A person operating under the irresistible-impulse may know an act is wrong but cannot refrain from doing it.

In a criminal case, the state must prove its case beyond ________.

A reasonable doubt.

Define crime.

A wrong against society set forth in a statute and punishable by a fine and/or imprisonment - or, in some cases, death.

Strict liability crimes are particularly common in what?

Environmental laws Laws aimed at combatting illegal drugs Laws affecting public health, safety, and welfare.

What do criminal sanctions include?

Fines, as well as incarceration in a jail or prison.

Whether a crime is a felony or a misdemeanor can determine what?

In which court the case is tried and, in some states, whether the defendant has a right to a jury trial.

What does federal bankruptcy law allow?

Individuals and businesses to be relieved of oppressive debt through bankruptcy proceedings. (numerous white-collar crimes may be committed during the many phases of a bankruptcy action).

White-collar crime

Involves an illegal act or series of acts committed by an individual or business entity using some nonviolent means to obtain a personal or business advantage.

Criminal negligence

Involves the mental state in which the defendant takes an unjustified, substantial, and foreseeable his that results in harm.

Organized crime

Operates illegitimately by providing illegal goods and services.

Computer Fraud and Abuse Act (CFAA)

Provides that a person who accesses a computer online, without authority, to obtain classified, restricted, or protected data (or attempts to do so) is subject to criminal prosecution.

If a criminal action is brought after the statutory time period has expired, the accused person can ____.

Raise the statute of limitations as a defense.

A court can also find that the required mental state is present when a defendant's acts are _______.

Reckless or criminally negligent.

Insider trading is a violation of ____.

Securities law (prohibits a person who possess inside information and has a duty not to disclose it to outsiders from trading on that information).

The best-known defense to criminal liability is ____.

Self-defense

Felonies

Serious crimes punishable by death or by imprisonment for more than one year.

Hacker

Someone who uses one to computer to break into another.

Under the commons law, the crime of larceny involved _____.

The unlawful taking and carrying away of someone else's personal property with the intent to permanently deprive the owner of possession. (stealing or theft)

Arson

The willful and malicious burning of a building (and in some states, vehicles and other items of personal property).

Violent crimes (or crimes against persons)

They cause others to suffer harm or death.

What is the purpose of a tort law?

To enable a person harmed by a wrongful act to obtain compensation from the wrongdoer, rather than to punish the wrongdoer.

It is a Crome to receive goods that a person knows or should have known were stolen or illegally obtained.

True

Double jeopardy

Trying someone twice for the same crime (fifth amendment prohibition).

In a criminal case, the jury's verdict normally must be _____ to convict the defendant.

Unanimous - agreed to by all members.

M'Naghten test

Under this test, a person is not responsible if, at the time of the offense, he or she did not know the nature and the quality of the act or did not know the act was wrong.

Robbery is considered a ______.

Violent crime but also a property crime.

In what instances can an act of omission be a crime?

When a person has a legal duty to perform the omitted act.

When does embezzlement occur?

Whether the embezzler takes the funds directly from the victims or from a third person.

Money laundering

Engaging in financial transactions to conceal the identity, source, or destination of illegally gained funds.

What are the three phases of the criminal process?

1. Arrest 2. Indictment (formally charged with having committed specific crimes before they can be brought to trial) or information (criminal complaint) 3. Trial

What are the 3 types of bribes that are considered crimes?

1. Bribery of public officials 2. Commercial bribery (involves current dealing between private persons or business; ex. industrial espionage) 3. Bribery of foreign officials

What two elements must exist simultaneously for a person to be convicted of a crime?

1. The performance of a prohibited act (acts reus) 2. A specified state of mind, or intent, on the part of the actor (mens Rea).

Racketeer Influenced and Corrupt Organizations Act (RICO). This statute makes it a federal crime to do what?

1. Use income obtained from racketeering activity to purchase any interest in an enterprise. 2. Acquire or maintain an interest in an enterprise through racketeering activity. 3. Conduct or participate in the affairs of an enterprise through racketeering activity. 4. Conspire to do any of the preceding activities.

Exclusionary rule

Any evidence obtained in violation of the constitutional rights spelled out in the 4th, 5th, and 6th amendments generally is not admissible at trial.

Computer crime

Any violation of criminal law that involves knowledge of computer technology for its perpetration, investigation, or prosecution.

What was burglary traditionally defined as?

Breaking and entering the dwelling of another at night with the intent to commit a felony.

Victimless crimes

Crimes, such as prostitution and illegal drug use, that only harm the offender.

Entrapment

Defense designed to prevent police officers or other government agents from enticing persons to commit crimes in order to later prosecute them for those crimes.

Many computer crimes fall under the broad label of cyber crime. What is it?

Describes any criminal activity occurring via a computer in the virtual community of the Internet.

Case 7.3 - Miranda v. Arizona

Ernesto Miranda was arrested at his home for the kidnapping and rape of an 18 year old woman. He was questioned at the police station and he wrote a letter saying that the confession had been made voluntarily, without threats or promises of immunity and "with full knowledge of his legal rights, understanding any statement he makes will be used against him". He was never told he had the right to remain silent and a right to have a lawyer present. When he was sentenced to 20 to 30 years in prison, he appealed claiming he was not informed of his constitutional rights. The Supreme Court held that Miranda could not be convicted of the crime on the basis of his confessions because his confession was inadmissible as evidence.

Duress

Exists when the wrongful threat of one person induces another person to perform an act that he or she would not otherwise have performed.

Case 7.1 - People V. Whitmer

Jerome Gilding owned Temple City Power Sports, which sold motorcycles and jet skis, etc. To prevent charge backs, the dealership's policy was to require customers to make purchases in person and to present to two forms of identification. He did not permit offline sales. Whitmer (sales manager) would tells Carlos (financial deparment) to process sales transactions from customers he had never met as offline sales. Gilding was told he should expect charge back, which resulted in the finding of fraudulent sales, in which Barrera was the salesperson. Barrera stopped appearing to work. Whitmer was arrested but he appealed to a state intermediate appellate court, contending he was unlawful convicted. He was contended under the 20 counts of theft.

Case 7.2 - Messerschmidt v. Millender

LA county sheriff's department was protecting woman from Jerry Ray Bowen, a gang member she used to date. She thought Bowen was staying in his foster mom's house so police prepared a warrant to search her house. He was not at home but they searched the house anyway. The homeowners sued individual officers in federal court for subjecting them to an illegal search. a federal appellate court held that the police lacked probable cause for such a broad search and that the police officers could be held personally liable . Police officers appealed. The US Supreme Court granted certiorari to determine whether the police officers were immune from personal liability. It then reversed the decision of the federal appellate court and the officers were immune from personal liability.

Misdemeanors

Less serious crimes, punishable by a fine or by confinement for up to a year.

Corporate directors may be held ______ for the actions of the employees under their supervision.

Liable

The Economic Espionage Act

Makes the theft of trade secrets a federal crime.

Botnets are one of the latest forms of _____.

Malware

Necessity

Means that a criminal act was necessary to prevent an even greater harm.

Petty offenses

Minor violations, such as jaywalking or violations of building codes, considered to be a subset of misdemeanors.

A _____ can excuse criminal responsibility if it negates the mental state necessary to commit a crime.

Mistake of fact

Duress can be used as a defense to most crimes except _____.

Murder

Botnets

Networks of computers that have been appropriated by hacker without the knowledge of their owners.

Embezzlement

Occurs when a person who is entrusted with another person's property fraudulently appropriates it.

Strict liability crimes

Offenses that do not require a wrongful mental state to establish criminal liability. (Federal crimes, State crimes)

Plea bargaining

The defendant may be convicted of a lesser offense, while the state uses the defendant's testimony to prosecute accomplices for serious crimes carrying heavy penalties.

Forgery

The fraudulent making or altering of any writing (including electronic records) in a way the changes the legal rights and liabilities of another.

A defendant can negligent even if she or he was not actually aware of the act but ____.

should have been aware of it.

Arrests can be made without a warrant if there is no time to get one, but the action of the arresting officer is still judged by ______.

the standard of probable cause.