law chapter 6

cyberterrorist 122

A person who uses the Internet to attack or sabotage businesses and government agencies with the purpose of disrupting infrastructure systems. hackers who, rather than trying to gain attention, strive to remain undetected so that they can exploit computers for a serious impact.

crime 107

A wrong against society proclaimed in a statute and, if committed, punishable by society through fines and/or imprisonment—and, in some cases, death. can be defined as a wrong against society set forth in a statute and, if committed, punishable by society through fines and/or imprisonment—and, in some instances, death.

computer crime 120

Any wrongful act that is directed against computers and computer parts or that involves the wrongful use or abuse of computers or software. any violation of criminal law that involves knowledge of computer technology for its perpetration, investigation, or prosecution. A number of white-collar crimes, such as fraud, embezzlement, and theft of intellectual property, are now committed with the aid of computers and are thus considered computer crimes.

Sixth and Eighth Amendments.

Right to Speedy Trial. Right to Jury Trial. Right to Public Trial. Right to Confront Witnesses. Right to Counsel. Prohibition on cruel and unusual punishment.

hacker 122

A person who uses one computer to break into another. someone who uses one computer to break into another.

indictment 118

A charge by a grand jury that a named person has committed a crime. Individuals must be formally charged with having committed specific crimes before they can be brought to trial. If issued by a grand jury, this charge

worm 122

A computer program that can automatically replicate itself over a network such as the Internet and interfere with the normal use of a computer. A worm does not need to be attached to an existing file to move from one network to another. software program that is capable of reproducing itself as it spreads from one computer to the next.

virus 122

A computer program that can replicate itself over a network, such as the Internet, and interfere with the normal use of a computer. A virus cannot exist as a separate entity and must attach itself to another program to move through a network. another form of malware, is also able to reproduce itself, but must be attached to an "infested" host file to travel from one computer network to another.

Corporate Criminal Liability.

A corporation itself cannot be imprisoned but can be convicted of crime through acts of its officers. Liability of the Corporate Entity. If crime is within agent/employee's scope of employment; Corporation fails to perform a legally required duty; or Crime authorized or requested by corporate principal/officer. Corporate officers and directors are personally liable for crimes they commit. They may be criminally liable for acts under the "Responsible Corporate Officer" doctrine.

cyber crime 120

A crime that occurs online, in the virtual community of the Internet, as opposed to in the physical world. ****Any act directed against computers or that uses computers as an instrumentality describes any criminal activity occurring via a computer in the virtual community of the Internet. Most cyber crimes are not new crimes. Rather, they are existing crimes in which the Internet is the instrument of wrongdoing.

felony 113

A crime—such as arson, murder, rape, or robbery—that carries the most severe sanctions, ranging from one year in a state or federal prison to the death penalty. *****punishable by death or imprisonment over 1 year. are serious crimes punishable by death or by imprisonment for more than a year. Many states also define different degrees of felony offenses and vary the punishment according to the degree.

information 118

A formal accusation or complaint (without an indictment) issued in certain types of actions (usually criminal actions involving lesser crimes) by a government prosecutor. For lesser crimes, an individual may be formally charged with a crime by what is called an information, or criminal complaint. An information will be issued by a government prosecutor if the prosecutor determines that there is sufficient evidence to justify bringing the individual to trial.

grand jury 118

A group of citizens called to decide, after hearing the state's evidence, whether a reasonable basis (probable cause) exists for believing that a crime has been committed and that a trial ought to be held consists of more jurors than the ordinary trial jury. A grand jury does not determine the guilt or innocence of an accused party. Rather, its function is to hear the state's evidence and to determine whether a reasonable basis (probable cause) exists for believing that a crime has been committed and that a trial ought to be held.Usually, grand juries are used in cases involving serious crimes, such as murder.

actus reus 108

A guilty (prohibited) act. The commission of a prohibited act is one of the two essential elements required for criminal liability, the other element being the intent to commit a crime In criminal law, a prohibited act is or guilty act

misdemeanor 113

A lesser crime than a felony, punishable by a fine or incarceration in jail for up to one year. *****punishable by fine or jail for less than 1 year. Petty offenses are minor violations such as jaywalking or violations of building codes. less serious crimes, punishable by a fine or by confinement for up to a year.

botnet 122

A network of computers that have been appropriated without the knowledge of their owners and used to spread harmful programs via the Internet; short for robot network. networks of computers that have been appropriated by hackers without the knowledge of their owners.

double jeopardy 116

A situation occurring when a person is tried twice for the same criminal offense; prohibited by the Fifth Amendment to the U.S. Constitution. The Fifth Amendment also protects persons (being tried twice for the same criminal offense). once a criminal defendant is acquitted (found "not guilty") of a particular crime, the government may not retry him or her for the same crime.

vishing 121

A variation of phishing that involves some form of voice communication. The consumer receives either an e-mail or a phone call from someone claiming to be from a legitimate business and asking for personal information; instead of being asked to respond by e-mail as in phishing, the consumer is asked to call a phone number. When phishing involves some form of voice communication,consumer receives an e-mail saying there is aproblem with an account and that she or he should call a certain telephone number to resolve the problem. Sometimes, the e-mail even says that a telephone call is being requested so that the recipient will know that this is not a phishing attempt. Of course, the goal is to get the consumer to divulge passwords and account information during the call. Vishing scams use Voice over Internet Protocol (VoIP) service, which enables telephone calls to be made over the Internet. Such calls are inexpensive and make it easy for scammers to hide their identity.

hacking

Malware and Worms. New Service-Based Hacking Available at Low Cost. Cyber Terrorism.

search warrant 116

An order granted by a public authority, such as a judge, that authorizes law enforcement personnel to search particular premises or property. order from a judge or other public official authorizing the search or seizure.

Cyber Crime

Any act directed against computers or that uses computers as an instrumentality of a crime.

cyber fraud 120

Any misrepresentation knowingly made over the Internet with the intention of deceiving another and on which a reasonable person would and does rely to his or her detriment. ****fraud committed over the internet (e.g., Nigerian letter scam). Online Auction Fraud. Online Retail Fraud

malware 122

Any program that is harmful to a computer or a computer user; for example, worms and viruses. any program that is harmful to a computer or, by extension, a computer user.

Civil Liability for Criminal Acts

Assault and Battery, can provide basis for both civil and criminal prosecution.

spam 123

Bulk e-mails, particularly of commercial advertising, sent in large quantities without the consent of the recipient. unsolicited "junk e-mails" that flood virtual mailboxes with advertisements, solicitations, and other messages. Considered relatively harmless in the early days of the Internet's popularity, by 2012 spam accounted for roughly 75 percent of all e-mails. Far from being harmless, the unwanted files can wreak havoc on business operations.

Key Differences Between Civil and Criminal Law

Burden of Proof. Civil is preponderance of the evidence. Criminal is proof beyond a reasonable doubt. Criminal Sanctions. Harsher than those applied in civil cases.

Property Crime

Burglary, larceny, theft of trade secrets, theft of services, arson, receipt of stolen goods, forgery.

necessity

Criminal act necessary to prevent greater harm.

The Exclusionary Rule.

Evidence obtained in violation of the Fourth Amendment is excluded from trial, including "Fruit of the Poisonous Tree." CASE 6.2 Herring v. United States (2009). Is evidence inadmissible when seized based on mistaken belief of police.

Strict Liability and Overcriminalization

Federal code lists over 4,000 criminal offenses, many do not list a "mental state" for conviction. Strict liability crimes are found in environmental, drug laws that affect public health, safety, and welfare.

Fifth Amendment.

Due Process of Law. Opportunity to Object. Hearing before a neutral Magistrate. Double Jeopardy. Person cannot be retried for the same offense in the same court. Civil action, however, is permitted. Self-Incrimination. "Right to Remain Silent" or not testify against yourself.

money laundering 113

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

Immunity

Government grants immunity from prosecution in exchange for assistance.

cyber theft

Identity Theft. CASE 6.3 United States v. Oliver (2011). Why were the searches at the girlfriend's home legal? Phishing. Vishing. Vishing. Employment Fraud. Credit-Card Theft.

entrapment 11

In criminal law, a defense in which the defendant claims that he or she was induced by a public official—usually an undercover agent or police officer—to commit a crime that he or she would otherwise not have committed. 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. In the typical entrapment case, an undercover agent suggests that a crime be committed and somehow pressures or induces an individual to commit it. The agent then arrests the individual for the crime.

petty offense 113

In criminal law, the least serious kind of criminal offense, such as a traffic or building-code violation. subset of misdemeanors. Petty offenses are minor violations, such as jaywalking and violations of building codes. Even for petty offenses, however, a guilty party can be put in jail for a few days, fined, or both, depending on state or local law.

exclusionary rule 117

In criminal procedure, a rule under which any evidence that is obtained in violation of the accused's constitutional rights guaranteed by the Fourth, Fifth, and Sixth Amendments to the U.S. Constitution, as well as any evidence derived from illegally obtained evidence, will not be admissible in court. all evidence obtained in violation of the constitutional rights spelled out in the Fourth, Fifth, and Sixth Amendments, as well as all evidence derived from illegally obtained evidence, normally must be excluded from the trial. Evidence derived from illegally obtained evidence is known as "fruit of the poison tree"

types of white collar crime

Mail and Wire Fraud (federal). Bribery. Bankruptcy Fraud (federal). Theft of Trade Secrets and Intellectual Property. Insider Trading (federal).

mens rea 108

Mental state, or intent. Normally, a wrongful mental state is as necessary as a wrongful act to establish criminal liability. What constitutes such a mental state varies according to the wrongful action. Thus, for murder, the mens rea is the intent to take a life. wrongful state of mind or intent and generally is required to establish criminal liability. What constitutes such a mental state varies according to the wrongful action. For murder, the act is the taking of a life, and the mental state is the intent to take life. For theft, the guilty act is the taking of another person's property, and the mental state involves both the knowledge that the property belongs to another and the intent to deprive the owner of

The Miranda Rule

Miranda v. Arizona (1966) required police to inform suspects of their constitutional rights. Exceptions to Miranda: public safety, certain confessions, suspect must unequivocally assert right to counsel.

Defenses to Criminal Liability

Mistake: of fact may excuse crime. Duress. Wrongful threat induces another to perform a criminal act. Entrapment. Key issue: was the defendant pre-disposed to commit the act?

Violent Crime

Murder, sexual assault, rape, robbery.

white-collar crime 111

Nonviolent crime committed by individuals or corporations to obtain a personal or business advantage. Crimes that typically occur only in the business context

white collar crime

Occur in a business context using non-violent means to obtain personal or business advantage. Embezzlement. CASE 6.1 People v. Sisuphan (2010). Is the intent to return stolen property a defense? Crimes that typically occur only in the business context

Organized Crime

Operates illegitimately by providing illegal goods and services: Money Laundering. RICO: Government must prove a "pattern of racketeering activity" and defendant committed at least two offenses.

Sentencing Guidelines.

Passed by Congress in 1984. Shift Away from Mandatory Sentencing. Increased Penalties for Certain Crimes.

Computer Fraud and Abuse Act.

Person is liable if he accesses a computer online, without authority, to obtain classified, private, or protected information.

insanity

Person who suffers from mental illness may be incapable of the state of mind required for the crime.

Fourth Amendment Protections.

Protection from unreasonable searches and seizures. Requirement that no warrant for a search or an arrest be issued without probable cause.

probable cause 116

Reasonable grounds for believing that a person should be arrested or searched. To obtain a search warrant, law enforcement officers must convince a judge that they have reasonable grounds, or probable cause, to believe a search will reveal a specific illegality. Probable cause requires the officers to have trustworthy evidence that would convince a reasonable person that the proposed search or seizure is more likely justified than not.

Justifiable Use of Force

Self-Defense of People and Property can use deadly force if reasonable belief of imminent death or serious injury; cannot use deadly force to protect property alone.

spam

State Regulation. The CAN-SPAM Act: applies to "any commercial electronic mail messages." U.S. Safe Web Act: allows FTC to cooperate and share information with foreign agencies in prosecutions.

Statute of Limitations.

State must initiate criminal proceedings within statutory period of time (except for murder).

robbery 109

The act of forcefully and unlawfully taking personal property of any value from another. Force or intimidation is usually necessary for an act of theft to be considered a robbery. defined as the taking of cash, personal property, or any other article of value from a person by means of force or fear—is another violent crime. Typically, states have more severe penalties for aggravated robbery—robbery with the use of a deadly weapon.

phishing 121

The attempt to acquire financial data, passwords, or other personal information from consumers by sending e-mail messages that purport to be from a legitimate business, such as a bank or a credit-card company. A distinct form of identity theft In a phishing attack, the perpetrators "fish" for financial data and passwords from consumers by posing as a legitimate business such as a bank or credit-card company. The "phisher" sends an e-mail asking the recipient to "update" or "confirm" vital information, often with the threat that an account or some other service will be discontinued if the information is not provided. Once the unsuspecting individual enters the information, the phisher can use it to masquerade as that person or to drain his or her bank or credit account.

embezzlement 111

The fraudulent appropriation of funds or other property by a person to whom the funds or property has been entrusted. When a person who is entrusted with another person's funds or property fraudulently appropriates it,carried out by an employee who steals funds. Banks are particularly prone to this problem, but embezzlement can occur in any firm.

forgery 110

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

self-incrimination 115

The giving of testimony that may subject the testifier to criminal prosecution. The Fifth Amendment to the U.S. Constitution protects against self-incrimination by providing that no person "shall be compelled in any criminal case to be a witness against himself." At times, the government may wish to obtain information from a person accused of a crime. Accused persons are understandably reluctant to give information if it will be used to prosecute them, and they cannot be forced to do so. Fifth Amendment to the U.S. Constitution, which reads, in part, "nor shall [any person] be compelled in any criminal case to be a witness against himself." When the state wishes to obtain information from a person accused of a crime, the state can grant immunity from prosecution or agree to prosecute for a less serious offense in exchange for the information.

arson 110

The intentional burning of another's building. Some statutes have expanded this to include any real property regardless of ownership and the destruction of property by other means—for example, by explosion. The willful and malicious burning of a building (and, in some states, personal property) owned by another arson traditionally applied only to burning down another person's house. The law was designed to protect human life. Today, arson statutes have been extended to cover the destruction of any building, regardless of ownership, by fire or explosion.

self-defense 113

The legally recognized privilege to protect oneself or one's property against injury by another. The privilege of self-defense usually applies only to acts that are reasonably necessary to protect oneself, one's property, or another person. One of the best-known defenses to criminal liability

plea bargaining 115

The process by which a criminal defendant and the prosecutor in a criminal case work out a mutually satisfactory dispositionof the case, subject to court approval; usually involves the defendant's pleading guilty to a lesser offense in return for a lighter sentence. attorney. 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.

beyond a reasonable doubt 107

The standard of proof used in criminal cases. If there is any reasonable doubt that a criminal defendant committed the crime with which she or he has been charged, then the verdict must be "not guilty." If the jury views the evidence in the case as reasonably permitting either a guilty or a not guilty verdict, then the jury's verdict must be not guilty. In other words, the government (prosecutor) must prove beyond a reasonable doubt that the defendant committed every essential element of the offense with which she or he is charged.

identity theft 120

The theft of identity information, such as a person's name, driver's license number, or Social Security number. The information is then usually used to access the victim's financial resources. wrongdoer steals a form of identification—such as a name, date of birth, or Social Security number—and uses the information to access the victim's financial resources. This crime existed to a certain extent before the widespread use of the Internet. Thieves would rifle through garbage to find credit-card or bank account numbers and then use those numbers to purchase goods or to withdraw funds from the victims' accounts.

burglary 110

The unlawful entry or breaking into a building with the intent to commit a felony. (Some state statutes expand this to include the intent to commit any crime.) defined under the common law as breaking and entering the dwelling of another at night with the intent to commit a felony. Originally, the definition was aimed at protecting an individual's home and its occupants. Most state statutes have eliminated some of the requirements found in the common law definition.

larceny 110

The wrongful taking and carrying away of another person's personal property with the intent to permanently deprive the owner of the property. Some states classify larceny as either grand or petit, depending on the property's value. involved the unlawful taking and carrying away of someone else's personal property with the intent to permanently deprive the owner of possession. Put simply, larceny is stealing or theft. Whereas robbery involves force or fear, larceny does not. Therefore, picking pockets is larceny, not robbery. Similarly, taking company products and supplies home for personal use, if one is not authorized to do so, is larceny. (Note that a person who commits larceny generally can also be sued under tort law because the act of taking possession of another's property involves a trespass to personal property.)

criminal liability

To be convicted of a crime, a person must have: Criminal Act (actus reus). State of Mind: the guilty mind (mens rea) during commission of the guilty act. Required intent (or mental state) is indicated in the applicable statute or law. Criminal Negligence or Recklessness (unjustified, substantial and foreseeable risk that results in harm).

Constitutional Safeguardsand Criminal Procedures

U.S. Constitution provides specific safeguards for those accused of crimes at federal and state level. Criminal procedures are designed to protect against the arbitrary use of power by the government.

duress 114

Unlawful pressure brought to bear on a person, causing the person to perform an act that she or he would not otherwise perform. the wrongful threat of one person induces another person to perform an act that she or he would not otherwise have performed. In such a situation, duress is said to negate the mental state necessary to commit a crime because the defendant was forced or compelled to commit the act. Duress can be used as a defense to most crimes except murder. The states vary in how duress is defined and what types of crimes it can excuse,

criminal process

arrest> booking > innital apperiance grand jury see slide 30

physical attacks as a tort

assailant commit an assault (an intentional, unexcused act that creates in Jonas the reasonable fear of immediate harmful contact) and a battery (intentional harmful contact)

key differences criminal law and civil

see slide 6-1

physical attacks as a crime

the assailant violates a statute that defines and prohibits the crime of assault (attempts to commit a violent injury on another) and battery (commission of an intentional act resulting in injury to another )