This document provides an overview of the key concepts of criminal liability under Malaysian law, including the definition of a crime, elements of a crime (actus reus and mens rea), and discussions of actus reus. It defines a crime and notes that every crime has its own specific definition. It explains that for criminal liability to exist, there must generally be an unlawful act (actus reus) accompanied by a blameworthy state of mind (mens rea). The document then discusses actus reus in depth, including that it can involve an act, omission, or circumstance, and must be voluntary. It provides examples of when an omission can form the basis of criminal liability and discusses the defense of automat
Criminal law aims to protect persons and property, deter criminal behavior, punish criminal conduct, and rehabilitate criminals. Cyber crime consists of crimes committed using computers, which are prosecuted under existing laws like the Computer Fraud and Abuse Act as well as newer laws. To be convicted, the prosecution must prove beyond a reasonable doubt that the defendant committed a prohibited act with the specified criminal intent or mental state. Corporations can be held liable for crimes committed by employees in the scope of their work.
Lecture-1, Crime and Criminal, types of crime, classification of crimeManzoor86
In this lecture, I will explain the definition of crime , elements of crime, classification and types of crime.
What is crime and its elements
what is crime and types of crime
Defining crime is very important in CSS criminology for competitive examination. In today's lecture, I will teach the aspirants about crime, various definitions of crime, elements of crime and will discuss actus Reus, Mens Rea and will explain the elements of crime. We will also discuss classification of crime and understand infractions, misdemeanors and felonies. In the later part of the lecture, I will discuss types of crime and will explain crime against person, crime against property, inchoate crime, statuary crime, white collar crime, organized crime and cyber crime.
The document discusses three types of inchoate offenses: criminal attempt, criminal conspiracy, and criminal abetment. It provides definitions and explanations of each offense. Criminal attempt involves acts done toward committing a crime that fail to complete the crime. Criminal conspiracy involves two or more people agreeing to commit a crime. Criminal abetment involves instigating or assisting another person to commit a crime. Lesser punishments are imposed for inchoate offenses than completed crimes.
This document provides a summary of a lecture on fatal offences, including murder and manslaughter. It recaps the elements of a crime as actus reus (guilty act) and mens rea (guilty mind). It then defines fatal offences as those involving killing the victim, specifically murder and manslaughter. Murder requires an unlawful killing with malice aforethought, defined as intention to kill or cause grievous bodily harm. Manslaughter is unlawful killing without malice aforethought. Voluntary manslaughter is a partial defense to murder where there is provocation or diminished responsibility. Involuntary manslaughter involves death caused without intent.
This document summarizes the categories of general defense in criminal law. It discusses excuses and justifications as two types of general defense that can exculpate a defendant. It then outlines various excusable defenses including mistake, infancy, insanity, and intoxication. For each defense, it provides details on how they exonerate criminal liability under the law. It discusses the relevant sections from the Muluki Penal Code and also summarizes a court case dealing with an insanity defense.
This document discusses various types of theft and property crimes. It covers general concepts of property ownership and possession, different types of theft including larceny, embezzlement and shoplifting. It also discusses crimes involving checks including check kiting, passing worthless checks, and check forgery rings. Criminal use of credit cards and bank cards is also summarized, as well as methods used by organized crime groups to commit financial crimes.
Criminal liability requires an actus reus (guilty act) and mens rea (guilty mind). An act must be forbidden by law and committed intentionally or knowingly to constitute a crime. There are different stages of a crime - intention, preparation, attempt, and commission - but only the last where the criminal consequences are realized is punishable. The measure of criminal liability considers the motive, magnitude of the offense, and character of the offender. Common types of punishment include imprisonment, fines, and in some places corporal or capital punishment. The objectives of punishment are deterrence, prevention, reformation, and retribution, as well as compensation for victims.
The document discusses key concepts in criminal law in the Philippines. It defines criminal law and explains that crimes are acts or omissions prohibited by law. It outlines the three sources of criminal law: the Revised Penal Code, Special Penal Laws, and city/municipal ordinances. It also discusses the basic characteristics of criminal law, including generality, territoriality, and prospectivity. The document elaborates on different types of crimes like felonies, offenses, and infractions. It explains concepts like attempted crimes, frustrated crimes, and consummated crimes.
Criminal law aims to protect persons and property, deter criminal behavior, punish criminal conduct, and rehabilitate criminals. Cyber crime consists of crimes committed using computers, which are prosecuted under existing laws like the Computer Fraud and Abuse Act as well as newer laws. To be convicted, the prosecution must prove beyond a reasonable doubt that the defendant committed a prohibited act with the specified criminal intent or mental state. Corporations can be held liable for crimes committed by employees in the scope of their work.
Lecture-1, Crime and Criminal, types of crime, classification of crimeManzoor86
In this lecture, I will explain the definition of crime , elements of crime, classification and types of crime.
What is crime and its elements
what is crime and types of crime
Defining crime is very important in CSS criminology for competitive examination. In today's lecture, I will teach the aspirants about crime, various definitions of crime, elements of crime and will discuss actus Reus, Mens Rea and will explain the elements of crime. We will also discuss classification of crime and understand infractions, misdemeanors and felonies. In the later part of the lecture, I will discuss types of crime and will explain crime against person, crime against property, inchoate crime, statuary crime, white collar crime, organized crime and cyber crime.
The document discusses three types of inchoate offenses: criminal attempt, criminal conspiracy, and criminal abetment. It provides definitions and explanations of each offense. Criminal attempt involves acts done toward committing a crime that fail to complete the crime. Criminal conspiracy involves two or more people agreeing to commit a crime. Criminal abetment involves instigating or assisting another person to commit a crime. Lesser punishments are imposed for inchoate offenses than completed crimes.
This document provides a summary of a lecture on fatal offences, including murder and manslaughter. It recaps the elements of a crime as actus reus (guilty act) and mens rea (guilty mind). It then defines fatal offences as those involving killing the victim, specifically murder and manslaughter. Murder requires an unlawful killing with malice aforethought, defined as intention to kill or cause grievous bodily harm. Manslaughter is unlawful killing without malice aforethought. Voluntary manslaughter is a partial defense to murder where there is provocation or diminished responsibility. Involuntary manslaughter involves death caused without intent.
This document summarizes the categories of general defense in criminal law. It discusses excuses and justifications as two types of general defense that can exculpate a defendant. It then outlines various excusable defenses including mistake, infancy, insanity, and intoxication. For each defense, it provides details on how they exonerate criminal liability under the law. It discusses the relevant sections from the Muluki Penal Code and also summarizes a court case dealing with an insanity defense.
This document discusses various types of theft and property crimes. It covers general concepts of property ownership and possession, different types of theft including larceny, embezzlement and shoplifting. It also discusses crimes involving checks including check kiting, passing worthless checks, and check forgery rings. Criminal use of credit cards and bank cards is also summarized, as well as methods used by organized crime groups to commit financial crimes.
Criminal liability requires an actus reus (guilty act) and mens rea (guilty mind). An act must be forbidden by law and committed intentionally or knowingly to constitute a crime. There are different stages of a crime - intention, preparation, attempt, and commission - but only the last where the criminal consequences are realized is punishable. The measure of criminal liability considers the motive, magnitude of the offense, and character of the offender. Common types of punishment include imprisonment, fines, and in some places corporal or capital punishment. The objectives of punishment are deterrence, prevention, reformation, and retribution, as well as compensation for victims.
The document discusses key concepts in criminal law in the Philippines. It defines criminal law and explains that crimes are acts or omissions prohibited by law. It outlines the three sources of criminal law: the Revised Penal Code, Special Penal Laws, and city/municipal ordinances. It also discusses the basic characteristics of criminal law, including generality, territoriality, and prospectivity. The document elaborates on different types of crimes like felonies, offenses, and infractions. It explains concepts like attempted crimes, frustrated crimes, and consummated crimes.
The document discusses several Latin legal maxims:
1) Actio personalis moritur cum persona - A personal right of action dies with the person. It means some legal actions cannot be brought after a party's death. Exceptions include defamation, assault, and personal damages.
2) Actus non facit reum nisi mens sit rea - An act does not make a person guilty unless the mind is also guilty. It requires both an illegal act (actus reus) and a blameworthy mental state (mens rea) for a crime. Exceptions include strict liability offenses and public nuisances.
3) Audi alteram partem - No one should be condemned
This document provides information about tort law, criminal law, and some famous business crimes. It defines tort as a civil wrong committed against another individual. The three main types of torts are intentional torts, negligence torts, and strict liability torts. Criminal law requires an act and intent, with crimes classified as mala in se or mala prohibita. White collar crimes and crimes against business like embezzlement, fraud, and forgery are discussed. Defenses to crimes include mistake of fact, duress, and entrapment. Famous business crimes summarized include the Enron and WorldCom scandals.
The criminal law in Canada has several sources and types of offences. The main source is the Criminal Code of Canada, which describes offenses and punishments. There are also other federal and provincial/municipal laws. Offenses are either summary conviction (minor crimes with less severe penalties) or indictable (more serious crimes with more severe penalties, including life imprisonment). To obtain a conviction, the Crown must prove beyond a reasonable doubt that the accused committed the prohibited act (actus reus) with the required mental state (mens rea), such as intent, knowledge, or recklessness. Some offenses use a subjective standard requiring proof of what was in the accused's mind, while others use an objective standard based on what
The document discusses the requirement for concurrence between actus reus (guilty act) and mens rea (guilty mind) for criminal liability. It provides several case examples where:
1) The intentions of the accused must be judged based on their perspective and understanding of the circumstances, not actual circumstances.
2) A series of acts that are part of one planned course of conduct cannot be separated to avoid liability if the intended result is achieved.
3) Some statutory offenses define strict liability where mens rea is not required, though there is a presumption for its inclusion.
4) Mens rea is fundamental but can be excluded by statute, especially for regulatory offenses promoting public welfare.
Criminal Law 1 ppt..........................................HuzzainPangcoga
Criminal law is the branch of public law that defines crimes and provides for their punishment. There are three types of offenses under Philippine law: felonies punishable by the Revised Penal Code, offenses punishable by special penal laws, and infractions punishable by city ordinances. A crime is defined as an act committed or omitted in violation of public law. Criminal law has general characteristics such as applying to all persons in the Philippines regardless of status and only applying to acts committed within Philippine territory, with some exceptions. Theories of criminal law include the classical theory which focuses on retribution based on free will, and the positivist theory which sees crime as a social phenomenon and focuses on offender reformation.
Due process is a fundamental constitutional right that ensures fairness in the criminal justice system. It requires that the government respect all legal rights that are owed to a person according to the fair administration of justice. This includes fair notice of what conduct is prohibited and equal treatment under the law. Due process helps to protect against arbitrary or unfair treatment by the government.
The due process clause of the Fifth and Fourteenth Amendments requires that the government respect all legal rights that are "due" to an individual. This helps guarantee fair treatment through the criminal justice process and prevents the government from arbitrarily taking away someone's life, liberty, or property. Due process is crucial for protecting civil liberties and ensuring a just criminal justice system.
This document summarizes various aspects of actus reus, which is the physical or voluntary act required for a crime.
It discusses actus reus in the form of conduct, such as voluntary wrongdoing. It also examines situational liability, where crimes involve proof of being in a certain situation rather than conduct. Crimes of possession are also summarized, where possession of prohibited objects or substances is sufficient.
The document analyzes crimes of omission, noting they generally do not result in liability but there are exceptions if there is a legal duty to act. This duty can arise from special relationships like parent-child or contractual relationships. The duty can also arise if one assumes responsibility for another or creates a dangerous situation
The Supreme Court analyzed two cases dealing with convictions under the Protection of Children from Sexual Offences (POCSO) Act, 2012. In both cases, the High Court had ignored POCSO provisions and convicted the accused of minor offenses under the Indian Penal Code. The Supreme Court held that Section 7 of POCSO does not require skin-to-skin contact and that any act done with sexual intent that involves physical contact can be considered sexual assault. The Court also discussed how Sections 29 and 30 of POCSO create mandatory presumptions around an accused's guilt and mental state that must be considered and can only be rebutted with clear evidence proving innocence beyond reasonable doubt.
1 CRIMES AGAINST THE FUNDAMENTAL LAWS OF THE STATE.pptxADMINJAGO
The document discusses Philippine penal laws and requirements of criminal law. It covers the principle of legality, publication of penal laws, sources of penal laws including the Revised Penal Code and special laws. It also discusses the differences between mala in se and mala prohibita crimes. Specific crimes covered include arbitrary detention, delay in delivering detained persons, delaying release, violation of domicile, and prohibition of peaceful meetings.
This document discusses the differences between tort, crime, and breach of contract. It defines tort as the infringement of private or civil rights belonging to individuals, resulting in less serious wrongs. Crime is defined as the violation of public rights and duties that affect the community. Key differences include: torts deal with private wrongs while crimes are public wrongs; tort suits can be filed by injured parties while crime prosecutions are brought by the state; torts remedy is compensation while crimes remedy is punishment. Breach of contract results from duties parties undertake themselves, while tort duties are imposed by law.
This document provides an overview of key legal concepts including legal rights, duties, and wrongs. It defines legal concepts as working tools of judicial reasoning according to law that expound relations between notions like rights, duties, powers, privileges, liability, and immunity. Legal rights are interests recognized and protected by law, while duties are obligatory acts or refraining from acts. Legal wrongs are acts contrary to rules of right and justice. The document also discusses theories of legal rights, essential elements of a legal right, classifications of rights, and provides an example case analysis regarding a hospital disclosing a patient's HIV status.
This document discusses the various justifications and exceptions in tort law, including voluntary assumption of risk, act of God, necessity, private defense, statutory authority, and judicial acts. It provides definitions and examples for each of these. For voluntary assumption of risk, it explains that consent must be freely given and cannot be for an illegal act. For act of God, the occurrence must be extraordinary and not reasonably foreseeable. Private defense allows reasonable force in self-defense of person or property. Statutory authority and judicial acts provide immunity for actions carried out within official capacity. Contributory negligence can reduce damages if the plaintiff was also at fault.
The document discusses the concept of mens rea, or guilty mind, in criminal law. It explains that mens rea is a required element for common law crimes but not always for statutory offenses created by legislation. The document analyzes two key cases - R v. Prince, which established that ignorance of a girl's age was not a defense to kidnapping, and R v. Tolson, where a woman's reasonable belief that her husband had died was found to be a defense against the charge of bigamy. The document concludes that whether mens rea is required for a statutory offense depends on the wording and intent of the specific statute.
CHAPTER 7 Criminal Law and CybercrimeNew York Police Departmen.docxbissacr
CHAPTER 7 Criminal Law and Cybercrime
New York Police Department, Times Square, New York City
Criminal cases make up a large portion of cases tried in U.S. courts. Criminal cases are bought against persons for violating federal, state, and local laws. Suspected criminals are given many rights by the U.S. Constitution and state constitutions. Parties in the United States are free from unreasonable searches and seizures of evidence, and any evidence obtained illegally is considered tainted evidence and cannot be used in court. People who are suspected of a criminal act may assert their right of privilege against self-incrimination and may choose not to testify at any pretrial proceedings or at trial. Parties have a right to a public trial by a jury of their peers. In addition, if convicted of a crime, the criminal is free from cruel and unusual punishment.
Learning Objectives
After studying this chapter, you should be able to:
1. List and describe the essential elements of a crime.
2. Describe criminal procedure, including arrest, indictment, arraignment, and the criminal trial.
3. Identify and define business and white-collar crimes.
4. List and describe cybercrimes.
5. Explain the constitutional safeguards provided by the Fourth, Fifth, Sixth, and Eighth Amendments to the U.S. Constitution.
Chapter Outline
1. Introduction to Criminal Law and Cybercrime
2. Definition of a Crime
1. CONTEMPORARY ENVIRONMENT • Criminal Acts as the Basis for Tort Actions
3. Criminal Procedure
4. Common Crimes
1. ETHICS • Murder Conviction Upheld on Appeal
5. Business and White-Collar Crimes
1. BUSINESS ENVIRONMENT • Corporate Criminal Liability
6. Cybercrimes
1. DIGITAL LAW • The Internet and Identity Theft
2. Case 7.1 • United States v. Barrington
7. Fourth Amendment Protection From Unreasonable Search and Seizure
1. Case 7.2 • U.S. SUPREME COURT CASE • Navarette v. California
2. Case 7.3 • U.S. SUPREME COURT CASE • Maryland v. King
3. Case 7.4 • U.S. SUPREME COURT CASE • Riley v. California and United States v. Wurie
8. Fifth Amendment Privilege Against Self-Incrimination
1. Case 7.5 • Ragland v. Commonwealth of Kentucky
9. Other Constitutional Protections
1. GLOBAL LAW • France Does Not Impose the Death Penalty
“It is better that ten guilty persons escape than that one innocent suffer.”
—Sir William Blackstone Commentaries on the Laws of England (1765)
Introduction to Criminal Law and Cybercrime
For members of society to coexist peacefully and for commerce to flourish, people and their property must be protected from injury by other members of society. Federal, state, and local governments’ criminal laws are intended to afford this protection by providing an incentive for persons to act reasonably in society and imposing penalties on persons who violate the laws.
There can be no equal justice where the kind of trial a man gets depends on the amount of money he has.
Justice Black
Griffin v. Illinois 351 U.S. 12, 76 S.Ct. 585, 1956 U.S. Lexis 1059 (1956)
The Uni.
This document summarizes the differences between bailable and non-bailable offenses. Bailable offenses are those punishable by less than 3 years in prison. The accused has the right to bail, which is granted by the court or police. Non-bailable offenses involve more serious crimes like murder, rape, and kidnapping that are punishable by more than 3 years including life imprisonment. For non-bailable offenses, bail is not a right and is at the court's discretion based on factors like flight risk.
This document provides an overview of criminal law relating to offences against property, including theft, robbery, burglary, criminal damage and arson.
It defines theft as the dishonest appropriation of property belonging to another with intent to permanently deprive. The key elements are discussed. Robbery is defined as theft plus the use of force against a person. Burglary involves trespassing in a building with the intent to commit theft, cause GBH or damage property.
Criminal damage and arson are also briefly mentioned. The learning outcomes are to define and distinguish these various offences against property, outline their legal elements, and apply legal principles to hypothetical scenarios.
This document provides an introduction to criminal law in India. It discusses key concepts like actus reus and mens rea, which are the guilty act and guilty mind required for criminal liability. It outlines categories of crimes and the stages from preparation to attempt to commission. It explains the principles of criminal law like legality and discusses defenses like mistake of fact. It also summarizes important cases that demonstrate how these principles are applied. The objectives and sources of criminal law in India are outlined, with the key source being the Indian Penal Code of 1860, which defines offenses and punishments.
The document discusses various sources and classifications of company law in Malaysia. It covers the main legislation governing companies, classification of companies according to liability of members (limited by shares, limited by guarantee, unlimited), status (private, public), relationship to other companies (holding, subsidiary), and type of business. It also summarizes incorporation of companies, who promoters are and their fiduciary duties, and treatment of pre-registration contracts under common law and the Companies Act 1965.
The document discusses sources of company law in Malaysia and the classification of companies. It covers the main legislation governing companies, types of companies based on liability of members (limited by shares, limited by guarantee, unlimited), status (private, public), relationship to other companies (holding, subsidiary), and place of incorporation (local, foreign). It also discusses promoters, pre-registration contracts, and how a company can ratify or disclaim such contracts after incorporation.
The document discusses several Latin legal maxims:
1) Actio personalis moritur cum persona - A personal right of action dies with the person. It means some legal actions cannot be brought after a party's death. Exceptions include defamation, assault, and personal damages.
2) Actus non facit reum nisi mens sit rea - An act does not make a person guilty unless the mind is also guilty. It requires both an illegal act (actus reus) and a blameworthy mental state (mens rea) for a crime. Exceptions include strict liability offenses and public nuisances.
3) Audi alteram partem - No one should be condemned
This document provides information about tort law, criminal law, and some famous business crimes. It defines tort as a civil wrong committed against another individual. The three main types of torts are intentional torts, negligence torts, and strict liability torts. Criminal law requires an act and intent, with crimes classified as mala in se or mala prohibita. White collar crimes and crimes against business like embezzlement, fraud, and forgery are discussed. Defenses to crimes include mistake of fact, duress, and entrapment. Famous business crimes summarized include the Enron and WorldCom scandals.
The criminal law in Canada has several sources and types of offences. The main source is the Criminal Code of Canada, which describes offenses and punishments. There are also other federal and provincial/municipal laws. Offenses are either summary conviction (minor crimes with less severe penalties) or indictable (more serious crimes with more severe penalties, including life imprisonment). To obtain a conviction, the Crown must prove beyond a reasonable doubt that the accused committed the prohibited act (actus reus) with the required mental state (mens rea), such as intent, knowledge, or recklessness. Some offenses use a subjective standard requiring proof of what was in the accused's mind, while others use an objective standard based on what
The document discusses the requirement for concurrence between actus reus (guilty act) and mens rea (guilty mind) for criminal liability. It provides several case examples where:
1) The intentions of the accused must be judged based on their perspective and understanding of the circumstances, not actual circumstances.
2) A series of acts that are part of one planned course of conduct cannot be separated to avoid liability if the intended result is achieved.
3) Some statutory offenses define strict liability where mens rea is not required, though there is a presumption for its inclusion.
4) Mens rea is fundamental but can be excluded by statute, especially for regulatory offenses promoting public welfare.
Criminal Law 1 ppt..........................................HuzzainPangcoga
Criminal law is the branch of public law that defines crimes and provides for their punishment. There are three types of offenses under Philippine law: felonies punishable by the Revised Penal Code, offenses punishable by special penal laws, and infractions punishable by city ordinances. A crime is defined as an act committed or omitted in violation of public law. Criminal law has general characteristics such as applying to all persons in the Philippines regardless of status and only applying to acts committed within Philippine territory, with some exceptions. Theories of criminal law include the classical theory which focuses on retribution based on free will, and the positivist theory which sees crime as a social phenomenon and focuses on offender reformation.
Due process is a fundamental constitutional right that ensures fairness in the criminal justice system. It requires that the government respect all legal rights that are owed to a person according to the fair administration of justice. This includes fair notice of what conduct is prohibited and equal treatment under the law. Due process helps to protect against arbitrary or unfair treatment by the government.
The due process clause of the Fifth and Fourteenth Amendments requires that the government respect all legal rights that are "due" to an individual. This helps guarantee fair treatment through the criminal justice process and prevents the government from arbitrarily taking away someone's life, liberty, or property. Due process is crucial for protecting civil liberties and ensuring a just criminal justice system.
This document summarizes various aspects of actus reus, which is the physical or voluntary act required for a crime.
It discusses actus reus in the form of conduct, such as voluntary wrongdoing. It also examines situational liability, where crimes involve proof of being in a certain situation rather than conduct. Crimes of possession are also summarized, where possession of prohibited objects or substances is sufficient.
The document analyzes crimes of omission, noting they generally do not result in liability but there are exceptions if there is a legal duty to act. This duty can arise from special relationships like parent-child or contractual relationships. The duty can also arise if one assumes responsibility for another or creates a dangerous situation
The Supreme Court analyzed two cases dealing with convictions under the Protection of Children from Sexual Offences (POCSO) Act, 2012. In both cases, the High Court had ignored POCSO provisions and convicted the accused of minor offenses under the Indian Penal Code. The Supreme Court held that Section 7 of POCSO does not require skin-to-skin contact and that any act done with sexual intent that involves physical contact can be considered sexual assault. The Court also discussed how Sections 29 and 30 of POCSO create mandatory presumptions around an accused's guilt and mental state that must be considered and can only be rebutted with clear evidence proving innocence beyond reasonable doubt.
1 CRIMES AGAINST THE FUNDAMENTAL LAWS OF THE STATE.pptxADMINJAGO
The document discusses Philippine penal laws and requirements of criminal law. It covers the principle of legality, publication of penal laws, sources of penal laws including the Revised Penal Code and special laws. It also discusses the differences between mala in se and mala prohibita crimes. Specific crimes covered include arbitrary detention, delay in delivering detained persons, delaying release, violation of domicile, and prohibition of peaceful meetings.
This document discusses the differences between tort, crime, and breach of contract. It defines tort as the infringement of private or civil rights belonging to individuals, resulting in less serious wrongs. Crime is defined as the violation of public rights and duties that affect the community. Key differences include: torts deal with private wrongs while crimes are public wrongs; tort suits can be filed by injured parties while crime prosecutions are brought by the state; torts remedy is compensation while crimes remedy is punishment. Breach of contract results from duties parties undertake themselves, while tort duties are imposed by law.
This document provides an overview of key legal concepts including legal rights, duties, and wrongs. It defines legal concepts as working tools of judicial reasoning according to law that expound relations between notions like rights, duties, powers, privileges, liability, and immunity. Legal rights are interests recognized and protected by law, while duties are obligatory acts or refraining from acts. Legal wrongs are acts contrary to rules of right and justice. The document also discusses theories of legal rights, essential elements of a legal right, classifications of rights, and provides an example case analysis regarding a hospital disclosing a patient's HIV status.
This document discusses the various justifications and exceptions in tort law, including voluntary assumption of risk, act of God, necessity, private defense, statutory authority, and judicial acts. It provides definitions and examples for each of these. For voluntary assumption of risk, it explains that consent must be freely given and cannot be for an illegal act. For act of God, the occurrence must be extraordinary and not reasonably foreseeable. Private defense allows reasonable force in self-defense of person or property. Statutory authority and judicial acts provide immunity for actions carried out within official capacity. Contributory negligence can reduce damages if the plaintiff was also at fault.
The document discusses the concept of mens rea, or guilty mind, in criminal law. It explains that mens rea is a required element for common law crimes but not always for statutory offenses created by legislation. The document analyzes two key cases - R v. Prince, which established that ignorance of a girl's age was not a defense to kidnapping, and R v. Tolson, where a woman's reasonable belief that her husband had died was found to be a defense against the charge of bigamy. The document concludes that whether mens rea is required for a statutory offense depends on the wording and intent of the specific statute.
CHAPTER 7 Criminal Law and CybercrimeNew York Police Departmen.docxbissacr
CHAPTER 7 Criminal Law and Cybercrime
New York Police Department, Times Square, New York City
Criminal cases make up a large portion of cases tried in U.S. courts. Criminal cases are bought against persons for violating federal, state, and local laws. Suspected criminals are given many rights by the U.S. Constitution and state constitutions. Parties in the United States are free from unreasonable searches and seizures of evidence, and any evidence obtained illegally is considered tainted evidence and cannot be used in court. People who are suspected of a criminal act may assert their right of privilege against self-incrimination and may choose not to testify at any pretrial proceedings or at trial. Parties have a right to a public trial by a jury of their peers. In addition, if convicted of a crime, the criminal is free from cruel and unusual punishment.
Learning Objectives
After studying this chapter, you should be able to:
1. List and describe the essential elements of a crime.
2. Describe criminal procedure, including arrest, indictment, arraignment, and the criminal trial.
3. Identify and define business and white-collar crimes.
4. List and describe cybercrimes.
5. Explain the constitutional safeguards provided by the Fourth, Fifth, Sixth, and Eighth Amendments to the U.S. Constitution.
Chapter Outline
1. Introduction to Criminal Law and Cybercrime
2. Definition of a Crime
1. CONTEMPORARY ENVIRONMENT • Criminal Acts as the Basis for Tort Actions
3. Criminal Procedure
4. Common Crimes
1. ETHICS • Murder Conviction Upheld on Appeal
5. Business and White-Collar Crimes
1. BUSINESS ENVIRONMENT • Corporate Criminal Liability
6. Cybercrimes
1. DIGITAL LAW • The Internet and Identity Theft
2. Case 7.1 • United States v. Barrington
7. Fourth Amendment Protection From Unreasonable Search and Seizure
1. Case 7.2 • U.S. SUPREME COURT CASE • Navarette v. California
2. Case 7.3 • U.S. SUPREME COURT CASE • Maryland v. King
3. Case 7.4 • U.S. SUPREME COURT CASE • Riley v. California and United States v. Wurie
8. Fifth Amendment Privilege Against Self-Incrimination
1. Case 7.5 • Ragland v. Commonwealth of Kentucky
9. Other Constitutional Protections
1. GLOBAL LAW • France Does Not Impose the Death Penalty
“It is better that ten guilty persons escape than that one innocent suffer.”
—Sir William Blackstone Commentaries on the Laws of England (1765)
Introduction to Criminal Law and Cybercrime
For members of society to coexist peacefully and for commerce to flourish, people and their property must be protected from injury by other members of society. Federal, state, and local governments’ criminal laws are intended to afford this protection by providing an incentive for persons to act reasonably in society and imposing penalties on persons who violate the laws.
There can be no equal justice where the kind of trial a man gets depends on the amount of money he has.
Justice Black
Griffin v. Illinois 351 U.S. 12, 76 S.Ct. 585, 1956 U.S. Lexis 1059 (1956)
The Uni.
This document summarizes the differences between bailable and non-bailable offenses. Bailable offenses are those punishable by less than 3 years in prison. The accused has the right to bail, which is granted by the court or police. Non-bailable offenses involve more serious crimes like murder, rape, and kidnapping that are punishable by more than 3 years including life imprisonment. For non-bailable offenses, bail is not a right and is at the court's discretion based on factors like flight risk.
This document provides an overview of criminal law relating to offences against property, including theft, robbery, burglary, criminal damage and arson.
It defines theft as the dishonest appropriation of property belonging to another with intent to permanently deprive. The key elements are discussed. Robbery is defined as theft plus the use of force against a person. Burglary involves trespassing in a building with the intent to commit theft, cause GBH or damage property.
Criminal damage and arson are also briefly mentioned. The learning outcomes are to define and distinguish these various offences against property, outline their legal elements, and apply legal principles to hypothetical scenarios.
This document provides an introduction to criminal law in India. It discusses key concepts like actus reus and mens rea, which are the guilty act and guilty mind required for criminal liability. It outlines categories of crimes and the stages from preparation to attempt to commission. It explains the principles of criminal law like legality and discusses defenses like mistake of fact. It also summarizes important cases that demonstrate how these principles are applied. The objectives and sources of criminal law in India are outlined, with the key source being the Indian Penal Code of 1860, which defines offenses and punishments.
The document discusses various sources and classifications of company law in Malaysia. It covers the main legislation governing companies, classification of companies according to liability of members (limited by shares, limited by guarantee, unlimited), status (private, public), relationship to other companies (holding, subsidiary), and type of business. It also summarizes incorporation of companies, who promoters are and their fiduciary duties, and treatment of pre-registration contracts under common law and the Companies Act 1965.
The document discusses sources of company law in Malaysia and the classification of companies. It covers the main legislation governing companies, types of companies based on liability of members (limited by shares, limited by guarantee, unlimited), status (private, public), relationship to other companies (holding, subsidiary), and place of incorporation (local, foreign). It also discusses promoters, pre-registration contracts, and how a company can ratify or disclaim such contracts after incorporation.
The document discusses the hospitality industry and trends affecting its future. It defines hospitality as the reception and entertainment of guests with kindness and goodwill. The industry includes sectors like hotels, restaurants, clubs, and travel providers. A key characteristic is providing services 24/7. The objectives of the industry are making guests feel welcome, ensuring operations run smoothly, and maintaining financial viability. Trends influencing the future include growing leisure travel, demand for stress reduction activities, the need for high-speed internet access, rising lodging rates, and the impact of online research and transparent pricing on marketing.
1) Extortion is a serious criminal offense where a person intentionally puts another in fear of injury and thereby induces them to deliver property through dishonest means.
2) The prosecution must prove that the accused put the victim in fear, intentionally caused that fear, and induced the delivery of property while acting dishonestly.
3) Fear of injury includes not just physical harm but also harm to reputation or property, and threats can be implied rather than explicit.
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The document discusses several key concepts related to law. It defines law as rules recognized by a community as binding. It also discusses the relationship between law and justice, noting that while laws aim to be just and fair, justice is the underlying principle that laws should be based on. The document outlines similarities and differences between law and justice, such as laws being created through a political process while justice represents broad ethical standards. It also discusses ethics and how ethics provide moral guidance while laws provide more specific rules. Finally, it briefly explains the doctrine of separation of powers between the executive, legislative, and judicial branches.
The Federal Court is the highest court in Malaysia. It hears appeals from the Court of Appeal and High Court and has original jurisdiction to determine certain constitutional matters. The Court of Appeal hears appeals from the High Court and has appellate jurisdiction over criminal and civil cases. The High Court has both original and appellate jurisdiction to hear civil and criminal cases. Below the High Court are the Sessions Court, Magistrate's Court, and Penghulu Court, which have jurisdiction over less serious criminal and civil cases. Special courts like the Juvenile Court and Syariah Courts also exist to handle certain types of cases.
सुप्रीम कोर्ट ने यह भी माना था कि मजिस्ट्रेट का यह कर्तव्य है कि वह सुनिश्चित करे कि अधिकारी पीएमएलए के तहत निर्धारित प्रक्रिया के साथ-साथ संवैधानिक सुरक्षा उपायों का भी उचित रूप से पालन करें।
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2. Definition of Crime
• A crime or offence is an illegal act, omission or event,
• whether or not it is also a tort, breach of contract or
a breach of trust,
• the principal consequence of which is that the
offender, if he is detected and it is decided to
prosecute, is prosecuted by or in the name of the
state and
• if he is found guilty is liable to be punished whether
or not he is also ordered to compensate his victim.
2
3. Definition of Crime…cont
• However, every crime has its own definition. For
example, the definition of murder (S.300 of Penal
Code) is different from the definition of rape (S. 375
of Penal Code) or cheating (S. 415 of Penal Code).
• A wrong is breach of a rule, it may be moral or legal
according to whether the rule is one of morality or
law.
3
4. Definition of Crime…cont
• Legal wrongs may be civil or criminal.
• Civil law is primarily concerned with the rights and duties of
individual among themselves, whereas criminal law defines
the duties which a person owes to society.
4
5. Definition of Crime…cont
• In general, no one can be obliged to sue for damages
for a breach of contract or a tort, and a beneficiary
cannot be forced to claim restitution of the trust
property.
• On the other hand, where an offence has been
committed, the wrongdoer is liable to punishment,
which is very different thing from being ordered to
compensate the victim of the wrong, and as a general
rule a criminal prosecution may proceed although the
victim has been fully compensated and desired it to
be discontinued.
5
6. The Elements of Crime
• Generally, most legal systems adopt the
position that criminal liability is only
justifiable if a person commits a
prohibited act or causes a forbidden
harm and his actions are accompanied
by a blameworthy state of mind.
• A cardinal principle of criminal law is
embodied in the maxim actus non facit
reum, nisi mens sit rea – an act does not
make a person legally guilty unless the
mind is legally blameworthy
6
7. The Elements of Crime…cont
• Thus, the general rule of criminal liability is only
imposed if the two elements are in existence:
• a) actus reus – the conduct or action of the accused
which produces or constitutes the forbidden act.
• b) mens rea – a blameworthy state of mind
7
8. The Elements of Crime…cont
• In brief, actus reus is the act, mens rea is the intention.
• E.g. in murder case, the actus reus was act of killing (causing
the death) and the mens rea was the intention to kill.
• In theft, the accused acted ‘dishonestly’ (actus reus) and with
the intention of permanently depriving another of the
property (mens rea)
8
9. The Elements of Crime…cont
• However, in some exceptional offences the accused may be convicted
although his conduct was neither intentional nor reckless.
• In other words, an accused may be convicted without the existence of a
blameworthy state of mind.
• In such a case, he is liable to punishment in the absence of mens rea and is
said to be under strict liability.
9
10. Actus reus
• As there are different actus reus for every
crime, there is no specific definition of actus
reus.
• It is necessary to refer to the definition of the
offence charged in order to ascertain the
precise nature of the prohibited conduct.
10
11. Actus reus
• Generally, the expression of actus reus is understood as meaning the act
(or omission or other event) indicated in the definition of the offence
charged together with any surrounding circumstances other than the
accused state of mind or defence, and any consequences, of that act which
are indicated by that definition.
11
12. Actus reus
• Two types of crime:-
• 1) Conduct crimes: where criminal liability is imposed because
the accused has done something that is prohibited by the law.
These actions have no result.
• E.g: possession of drug.
• E.g:Driving in a reckless manner – need no accident as a result,
it is still an offence.
12
13. Actus reus
• 2) Result crimes: the conduct of the accused caused a prohibited
result.
• The conduct may or may not be a prohibited conduct. It must be
established that the conduct of the accused caused a prohibited
result.
• E.g: Culpable homicide or murder, the result is death.
13
15. Actus reus
• An act is the most common basis of the actus reus. However,
no comprehensive definition of act is provided in the Penal
Code.
• Nonetheless, some words used may connote actus reus like
‘permits’, ‘appropriates’, ‘cultivate’, ‘abandon’.
15
16. Actus reus includes
circumstances
• Actus reus is not just made up by conduct only.
• Sometimes it includes circumstances/ consequences/state of
affairs.
• E.g: Theft – requires to be proved that accd dishonestly
appropriated property belonging to another. If the property
was abandoned, no theft coz the property belonged to none.
16
17. Question????
• Can a conviction sustain without actus reus?
• Is it possible for a conviction to sustain in the
absence of mens rea?
17
18. Actus reus must be proved
• Mens rea may exist without an actus reus,
however, if the actus reus of a particular crime
does not exist, the crime is not committed.
• E.g: Though A believes that he is appropriating V’s
property he cannot be guilty of theft if the property
belongs to no one.
• A intends to marry during the lifetime of his wife,
but unknown to him, she is dead, he cannot be
charged for bigamy.
18
19. Actus reus must be proved…cont
• E.g: A makes statements which he believes to be false for the
purpose of obtaining money, cannot be convicted of obtaining by
deception if in fact the statement is true.
• A penetrate V with intent to have intercourse with her against
her will, if in fact she consent?
• All of the above may only be brought under attempt to commit
the crime.
19
20. Deller (1952) 36 Cr App R 184
• D induced V to purchase his car by representing
(inter alia) that it was free from encumbrances
that is D had ownership and free to sell it. In
fact D had mortgaged the car to a finance
company and thus he is telling a lie.
• He was charged with obtaining with false
pretence.
20
21. Deller (1952) 36 Cr App R 184
• It then appeared that the mortgage document had been void in
law due to technical reason, as such, the car is actually free from
any encumbrances.
• “…quite accidentally, and strange as it may sound, dishonestly,
the appellant had told the truth” at p 191.
• D’s conviction was therefore was set aside by Court of Criminal
Appeal.
21
22. Actus reus in Penal Code
• Section 33 of Penal Code only states that the word ‘act’
denotes as well a series of acts as a single act. An ‘act’ must
also be broadly construed to include certain omissions to act
as an ‘act’. The act done must also be a voluntary act.
22
23. Actus reus in Penal Code
• Thus, an act must be:-
1) an act or series of acts; or
2) omission; and
3) voluntary
23
24. Omission
• S.32 Penal Code – words refer to acts done extend also to illegal omissions.
• S.43 Penal Code – word ‘illegal’:-
- everything which is an offence, or
- prohibited by law, or
- which furnishes ground for civil action
24
25. Omission
• A person is said to be ‘legally bound to do’ whatever it is
illegal in him to omit.
• Dytham [1979] – a police officer was held to be guilty of a
common law misdemeanour when without justification or
excuse, he failed to perform his duty to protect a citizen
who was being kicked to death.
• In Shama [1990] 2 All ER 602 – accd was convicted for
falsifying a document where he omitted entirely to fill in a
form which it was his duty to complete.
25
26. Omission
• Thus, it is clear that Penal Code under s.43 provides no liability
for omissions to act unless the omission can be said to be
illegal.
• E.g: a man can watch a small child drown in a shallow pool
even though he could have saved the child with minimum
effort.
• Q: What if the man is the child’s father?
26
27. Omission
• Three circumstances where omission is illegal:-
1) failure to act which is an ‘offence’ – e.g. s.289 Penal Code
‘whoever knowingly or negligently omits to take such order
with any animal in his possession…to guard against probable
danger to human life…shall be punished…’
• Case: Lee Sai Yan v. PP (1980, unreported), accd, a site
engineer did not prevent the deceased to enter a bored hole
without breathing apparatus.
27
28. Omission
2) Failure to act which is ‘prohibited by law’
• Prohibited by law may or may not be an offence. If it is an
offence, it will fall under the first category.
• E.g of prohibited by law but not an offence:-
i) the duty to provide maintenance to children.
ii) duty to send children to school (previously).
28
29. Omission
3) Failure to act ‘which furnishes ground for civil action’
• Omission furnishes ground for civil action if the accd under duty
to act.
• Duty to act arises:
• a) when there is special relationship e.g: husband & wife
• b) duty voluntarily assumed (R v. Instan [1893] 1 QB 450 – accd
lived with her aunt 73yrs old. Her aunt developed gangrene, but
accd did not feed or ask medical assistance.
• Held: convicted for manslaughter)
29
30. Failure to act ‘which furnishes ground for
civil action’…cont
c) Duty assumed by contract
e.g: R v Pittwood (1902) 19 TLR 37 – accd a
gatekeeper. Accd left gate opened and train
hit and killed a man. Charged with
manslaughter and convicted.
d) Creating dangerous situation
30
31. • e.g: R v Miller [1983] 2 AC 161 HL, applt squat in someone’s
house, lit cigarette and fell asleep. Cigarette fell onto
mattress. Applt woke up, saw mattress smouldering, but did
nothing, slept in another room.
• The house caught fire
• applt was charged with arson.
31
32. Scenario
• Scenario 1: A was holding his knife in his hand, B seized A’s
hand and against A’s will, plunged the knife still held by A’s
hand into V.
• Scenario 2: A, while falling from the stairs, grabbed B and
causing B’s death.
• Is A liable in Scenario 1? Scenario 2?
• Why??
32
33. Involuntary Conduct
• The conduct must be voluntary.
• Not under PC (though definition of ‘voluntarily’ contained in
s.39, but refers to mens rea).
• The conduct must be voluntary under the established
common law principles.
• If physical movements were involuntary but caused harm, it
deserve no punishment, no criminal liability.
33
34. Defence of automatism
• Generally, it is a defence that the act or omission or, even, event with
which the accused is charged was involuntary.
• The act or omission or, even, event must be beyond his control;
• Where an act beyond the control of a person’s mind the situation is known
as automatism.
34
35. Automatism
• The following are the involuntary conduct which are
accepted under automatism in English law;-
• 1. physical compulsion;
– e.g. A by force take the arm of B and the weapon in his
hand, and therewith stabs C. C died. This is murder in
A, and B is not guilty.
35
36. Automatism…cont
• 2. reflex movement of an external origin:
– e.g. in Hill v. Baxter [1958] 1 QB 277, it was stated that a man could
not be said to be driving where at material time he was attacked by a
swarm of bees and was prevented from exercising any directional
control over the vehicle, any movements of his arms and legs being
solely caused by the action of the bees.
36
37. Automatism
• 3. Concussion;
• 4. unconsciousness;
– e.g. movements while under the effect of general
anaesthetic.
• 5. hypnosis; Quick and Paddison [1973] QB 910
• 6. somnambulism; e.g. Cogdon (1951) unreported.
37
38. Automatism
• 7.Hypoglycaemia: a diabetic with blood-sugar
deficiency acts in uncoordinated manner. (Quick,
1973)
• however, in Broome v Perkins [1987] Crim LR 271,
though D in hypoglycaemic state, was held guilty of
driving without due care and attention because from
time to time he exercised conscious control over his
car, avoiding collision, braking.
• Thus, there should be ‘a total destruction of voluntary
control’ for defence of automatism to be available.
38
39. Automatism
• An accused acted in the state of automatism is entitled to a
complete acquittal.
• If acted because of insanity, the accused will be under
indefinite detention in a secure mental institution.
39
40. Involuntary Conduct vs automatism
• Categories of involuntary conduct which are not under automatism;-
• a) involuntary conduct caused by ‘disease of mind’ i.e. if the involuntary
movements had an internal cause resulting in a mental impairment, the
accused should not be acquitted on ground of automatism but insanity.
40
41. Automatism…cont
• Sullivan [1984] AC 156 – accd kicked friend’s head and body while
recovering from epileptic fit. HOL held accd insane.
• Burgess [1991] 2 QB 92, accd killed while sleepwalking – acquitted
because of insanity caused by disease of mind.
41
42. Involuntary Conduct vs automatism
• b) Involuntary conduct caused by accused’s own fault – where
accd does something or fails to do something, he knows or
ought to know the risk of involuntary conduct.
• e.g taking drugs, fail to eat after taking insulin.
42
43. Involuntary Conduct vs automatism
• Lipman [1970] 1 QB 152 - L, owing to his voluntary
ingestion of LSD, kills his girlfriend V, mistakenly
believing that is slaying a serpent.
• L’s prior fault by voluntarily put himself to that state
put a sufficient basis of fault in law to regard his
subsequent involuntary conduct as blameworthy.
43
44. Involuntary Conduct vs automatism
• Ryan v R (1967) 40 ALJR 488 – Accd with one pointed a loaded shotgun at
decd whom he had robbed, while with other hand he attempted to tie up
the decd. Decd moved. Accd startled and, he said, ‘involuntarily’ pressed
the trigger because of ‘reflex action’.
• Is he guilty?
44
45. Ryan v R…cont
• The pointing of the loaded gun and the placing of the finger on
the trigger were clearly voluntary acts and, providing that this
shot causing the death, accd would be liable for homicide,
whether the pressing of the trigger was voluntary or not.
45
46. Automatism under PC
• Not provided expressly under PC.
• Involuntary act such as epileptic fit – the only possible defence
is provided by S.84 under insanity.
• Case: Sinnasamy v. PP (1956) 22 MLJ 36 – Accd murdered his
daughter aged 21 months. Accd had medical history of
epileptic. Accd raised the defence of automatism under s.84 of
PC.
46
47. Automatism in India
• In India, same position as in M’sia. No automatism, only defence of
insanity under s.84, IPC.
• In Re Pappathi Ammal (1959) Cri LJ 724, accd jumped into well with child.
Contended that she was sleepwalking, but the claim of somnambulism not
substantiated.
• Held: If somnambulism proved, it will attract application of s.84, IPC.
47