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Objective 02.02 Criminal Law

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Essential Questions

What is crime? What are the possible punishments for a

crime? Who are the participants of a trial? What are the classifications of a crime? What are the elements of a crime?

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Crime An act against the public good

NOTE: Each statute that defines a crime must specifically explain the conduct that is forbidden by that statute. No act can be considered a

crime unless it is prohibited by the law of the place where it is committed and unless the law provides for the punishment of offenders.

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4 Punishments for a Crime?

Imprisonment Fine Probation Community Service Combination of the above

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Participants of a Trial

Plaintiff? (2) Government Prosecutor

Defendant (1) Person accused of the crime

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Classifying a Crime

According to Seriousness What is the most serious?

Felony Imprisonment or death

What is less serious? Misdemeanor Fine and/or probation

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Elements of a crime

Criminal Act Must violate a statute

Required state of mind Depends on crimes definition

Motive is NOT required

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Types of Crimes

Crimes Against People Social Crimes Crimes Against Property Business crimes (White Collar)

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Crimes Against People

Murder Malice aforethought?

1st degree—aggravated (premeditated, cruelty, torture, rape, robbery, kidnapping)

2nd degree—non of the above conditions apply

Manslaughter Voluntary?

Intentional Involuntary

Occurs while committing an unlawful or reckless act

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Crimes Against People-continued

Assault - Attempt (pointing or shooting at someone) Aggravated (Usually felony)-using deadly weapon with

intent Simple (misdemeanor)

Battery Hitting

Kidnapping Unlawful removal against person’s will

Sex offenses Statutory rape Date rape (acquaintance rape)

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Social Crimes

Federal/State governments have the right to regulate health, safety, welfare, and morals of the people. Drug Use

illegal and harmful substances Addiction-inability to function normally

Alcohol Use Domestic Violence

Physical or mental abuse

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Crimes Against Business

Characteristics of “White Collar Crimes”

Usually involve fraud Usually non-violent

Larceny by False Pretenses- Intended to mislead or defraud Induce victim to rely on them Example: con artists

Forgery False making or changing of a writing

with intent to fraud.

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Crimes Against Business, continued

Bribery Giving something of value to influence

Extortion Unjustly taking of money or thing of value

Computer Crimes

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Defenses to a Crime

Insanity

Must prove the M’Naughten Rule “At the time of the crime, was the defendant

suffering from a mental disease so serious that he or she did not know what they were doing was wrong”

If not guilty, what happens? Must serve time in a mental institution until

determined to be stable.

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Defenses to a Crime, continued

Entrapment

Induced into breaking the law by a law enforcement officer

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Defenses to a Crime, continued

Self-Defense

Defending yourself from danger Must retreat, if possible

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Defenses to a Crime, continued

Defense of Family Members

Person has the right to rescue a family member who is being attacked.

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Punishment

Fines-payment of specified amount of money as penalty for committing crime.

Imprisonment –indefinite or indeterminate sentences Mandatory Sentencing What is the only thing a judge cannot do?

Not allow you to see a family member.

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Punishment, continued

Death Penalty Three (3) Phases

Jury determines guilt or innocence Pre-sentence Hearing (Judge/jury listens to

arguments, examines evidence) Appeal to the Highest Court

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Computer Laws

The National Information Infrastructure Protection Act of 1996 was enacted as part of Public Law 104-294.

It amended the Computer Fraud and Abuse Act of 1986.

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Computer Crimes

Illegally using hardware and software by misuse of equipment, copying, and/or taking data from web sites for personal use without prior permission.

Research information regarding The Melissa virus. Provide details on who, what, when, where, why and

how. Discuss the three documents relating to this virus.

Piracy Hacking

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Telecommunication Law or Cyber Law Telecommunication law or Cyber law governs

the legal issues of cyberspace. These terms are not restricted to the Internet. The terms include:

computers computer networks the Internet data software etc.

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Telecommunication Law/Cyber Law, continued Cyber law encompasses laws relating to:

1. Electronic and Digital Signatures 2. Computer Crime 3. Intellectual Property 4. Data Protection and Privacy 5. Telecommunications Laws