Attorney Ray Richards Criminal law Breakdown Presenttaion

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© 2004 West Legal Studies in Business
A Division of Thomson Learning
Chapter 8
Criminal Law and
Cyber Crimes

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§1: Civil and Criminal Law
Major differences:
Civil (Tort) Criminal
Preponderance Beyond Reasonable Doubt
Damages Jail or Prison
Private (parties hire their
own attorneys)
Public (Prosecutor
represents community)

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Felonies Misdemeanors
Serious crimes,
punishable by Death or
prison for more than one
(1) year.
Non-serious (petty)
crimes punishable by jail
for less than one(1) year
and/or by fines.
§2: Classification of Crimes
An act can have both civil and criminal
consequences. (O.J. Simpson trials)

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§3: Essentials of
Criminal Liability
To be convicted of a crime, a person must:
 Commit a guilty act (actus reus).
 Have the guilty mind (mens rea) during
commission of the guilty act.

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§4: Corporate Criminal Liability
A corporation is creature of state statute.
A corporate entity may be convicted of a crime.
Punishment would be fines and/or denial of
certain legal privileges.

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Liability of Corporate Entity
Corporations may be convicted of criminal
activity 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.

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Liability of Corporate Officers
Corporate officers and directors are personally
liable for crimes they commit.
Also, they may be criminally liable for acts of
their under the “Responsible Corporate Officer”
doctrine. U.S. v. Park (1975).
Case 8.1: U.S. v. Hanousek (1999).

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§5: Types of Crimes
Violent Crimes.
 Murder, sexual assault, rape, robbery.
Property Crimes.
 Burglary, larceny, theft of trade secrets, theft of
services, arson, receipt of stolen goods, forgery.

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“White Collar” Crimes
Crimes occurring in the business context
using non-violent means to obtain personal or
business advantage.
 Embezzlement.
 Mail or Wire Fraud (federal).
 Bribery.
 Bankruptcy Fraud (federal).
 Insider Trading (federal).
 Theft of Trade Secrets (federal).

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Organized Crime
Operates illegitimately by providing illegal goods
and services:
 Money Laundering.
 RICO(criminal and civil liability).

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§6: Defenses to Criminal Liability
Infancy (juvenile).
Involuntary Intoxication: is a defense if
person was incapable of understanding act.
Insanity: defendant lacked substantial
capacity to appreciate the wrongfulness of
act or to conform act to law.
Mistake.
Duress.
Consent.

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Defenses [2]
Self-Defense of People and Property: use deadly
force if reasonable belief of imminent death or
serious injury; cannot use deadly force to protect
property alone.
Necessity: criminal act necessary to prevent
greater harm.

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Defenses [3]
Entrapment: prevents government from
encouraging crimes. Key issue: was the
defendant pre-disposed to commit the act?
Statute of Limitations.
Immunity.

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§7: 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.
Case 8.2: People v. McFarlan (2002).

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Fourth Amendment
The Fourth Amendment protects against
unreasonable search and seizures.
No warrant for search or arrest can issue without
probable cause.

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Exclusionary Rule
Evidence obtained in violation of Constitutional
amendments is excluded from trial.
Deter police from warrantless searches, seizures
and misconduct.
“Inevitability” and “good faith” are exceptions to
the rule.

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The “Miranda” Rule
Case 8.3: Miranda v. Arizona (1966) required
police to inform suspects of their constitutional
rights.
The Supreme Court upheld Miranda in
Dickerson v. U.S. (2000).

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Criminal
Process
G r a n d J u r y D . A 's O f f i c e
P l e a B a r g a i n
C h a n g e o f P le a t o G u ilt y
T r i a l
P r o s e c u t o r m u s t p r o v e
g u ilt b e y o n d r e a s o n a b le d o u b t
S e n t e n c i n g
A r r a i g n m e n t
P r e l i m i n a r y H e a r i n g
( D e t e r m in e s P r o b a b le C a u s e )
In i t i a l A p p e a r a n c e
( B e fo r e J u d g e )
A r r e s t
( R e q u ir e s P r o b a b le C a u s e )

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§8: Cyber Crime
Computer crime: any act directed against
computers or that uses computers as an
instrumentality of a crime.
 Cyber Theft
 Financial Crimes.
 Identity Theft.
 Cyber Stalking.
 Hacking and Cyber Terrorism.
Computer Fraud and Abuse Act (1996.

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Law on the Web
Department of Justice statistics.
CourtTV.com
“Anatomy of a Murder.”
Findlaw.com
U.S. DOJ CyberCrimes site.
Legal Research Exercises on the Web.

Attorney Ray Richards Criminal law Breakdown Presenttaion

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Attorney Ray Richards Criminal law Breakdown Presenttaion