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1© 2004 West Legal Studies in Business
A Division of Thomson Learning
Chapter 8Criminal Law and
Cyber Crimes
2© 2004 West Legal Studies in Business
A Division of Thomson Learning
§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)
3© 2004 West Legal Studies in Business
A Division of Thomson Learning
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)
4© 2004 West Legal Studies in Business
A Division of Thomson Learning
§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.
5© 2004 West Legal Studies in Business
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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.
7© 2004 West Legal Studies in Business
A Division of Thomson Learning
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).
8© 2004 West Legal Studies in Business
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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.
9© 2004 West Legal Studies in Business
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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).
10© 2004 West Legal Studies in Business
A Division of Thomson Learning
Organized Crime
Operates illegitimately by providing illegal goods and services: Money Laundering. RICO(criminal and civil liability).
11© 2004 West Legal Studies in Business
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§6: Defenses to Criminal LiabilityInfancy (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.
12© 2004 West Legal Studies in Business
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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.
13© 2004 West Legal Studies in Business
A Division of Thomson Learning
Defenses [3]
Entrapment: prevents government from encouraging crimes. Key issue: was the defendant pre-disposed to commit the act?
Statute of Limitations.
Immunity.
14© 2004 West Legal Studies in Business
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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.
17© 2004 West Legal Studies in Business
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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).
18© 2004 West Legal Studies in Business
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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 nC h a n g e o f P l e a t o G u i l t y
T r i a lP r o s e c u t o r m u s t p r o v e
g u i l t b e y o n d r e a s o n a b l e 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 i n e s P r o b a b l e C a u s e )
I n i t i a l A p p e a r a n c e( B e f o r e J u d g e )
A r r e s t( R e q u i r e s P r o b a b l e C a u s e )
19© 2004 West Legal Studies in Business
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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.
20© 2004 West Legal Studies in Business
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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.
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