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1305075447_446947.pptFundamentals of business law, 10e
Roger leroy miller
© 2016 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use.
© 2016 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use.
Chapter 7
Criminal Law
and Cyber Crime
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© 2016 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use.
LEARNING OBJECTIVES
What two elements normally must exist before a person can be held liable for a crime?
What are five broad categories of crimes? What is white-collar crime?
What defenses can be raised to avoid liability for criminal acts?
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© 2016 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use.
LEARNING OBJECTIVES (CONT’D)
What constitutional safeguards exist to protect persons accused of crimes?
How has the Internet expanded opportunities for identity theft?
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© 2016 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use.
introduction
- In this chapter:
- Brief summary of the major differences between criminal and civil law
- Elements that must be present for criminal liability to exist
- Examine various categories of crimes, the defenses that can be raised to avoid liability for criminal actions, and the rules of criminal procedure
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© 2016 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use.
Civil Law and Criminal Law
- Civil Law and Criminal Law
- Civil law spells out the duties that exist between persons or between persons and their governments, excluding the duty not to commit crimes.
- Criminal law has to do with crimes that are wrongs against society proclaimed in statutes and punishable by society through fines and/or imprisonment.
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© 2016 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use.
Civil law and criminal law
- Key Differences between Civil Law and Criminal Law
- In a civil case, the plaintiff must prove the case by a preponderance of the evidence
- In a criminal case, the state must prove its case beyond a reasonable doubt
- See Exhibit 7.1 for differences between civil and criminal law.
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© 2016 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use.
Exhibit 7.1
© 2016 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use.
© 2016 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use.
Civil Law and Criminal Law
- Civil Liability for Criminal Acts
- A criminal act may give rise to both criminal liability and tort liability.
- See Exhibit 7.2 for an example of criminal and tort liability for the same act.
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© 2016 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use.
Exhibit 7.2
© 2016 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use.
© 2016 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use.
Criminal Liability
Two elements normally must exist before a person can be held liable for a crime:
Guilty act (actus reus)—In general, some form of harmful act must be committed for a crime to exist.
Intent—An intent to commit a crime, or a wrongful mental state (mens rea), is generally required for a crime to exist.
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© 2016 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use.
Types of Crimes
There are five broad categories of crimes:
- Violent crime
- Property crime
- Public order crime
- White-collar crime
- Organized crime
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© 2016 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use.
Types of Crimes
- Violent Crime
- Those that cause others to suffer harm or death, including murder, assault and battery, sexual assault (rape), and robbery.
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© 2016 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use.
Types of Crimes
- Property Crime
- The most common form of crime.
- The offender’s goal is to obtain some economic gain or to damage property.
- Property crimes include burglary, larceny, obtaining goods by false pretenses, receiving stolen goods, arson, and forgery.
© 2016 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use.
© 2016 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use.
Types of Crimes
- Public Order Crime
- Acts that a statute has established are contrary to public values and morals.
- Public order crimes include public drunkenness, prostitution, gambling, and illegal drug use.
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© 2016 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use.
Types of Crimes
- White-Collar Crime
- Illegal acts committed by a person or business using nonviolent means to obtain a personal or business advantage.
- White-collar crimes include embezzlement, mail and wire fraud, bribery, bankruptcy fraud, theft of trade secrets, and insider trading.
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© 2016 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use.
Types of Crimes
- Organized Crime
- A form of crime conducted by groups operating illegitimately to satisfy the public’s demand for illegal goods and services.
- Organized crime includes gambling, illegal narcotics, money laundering, and racketeering.
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© 2016 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use.
Types of Crimes
- Classifications of Crimes
- Crimes may also be classified by their degree of seriousness.
- Felonies are serious crimes punishable by death or by imprisonment for more than one year.
- Misdemeanors are less serious crimes punishable by fines or by confinement for up to one year.
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© 2016 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use.
Defenses to Criminal Liability
- Defenses to criminal liability include justifiable use of force, necessity, insanity, mistake, duress, entrapment, and the statute of limitations.
- In some cases defendants may be relieved of criminal liability, at least in part, if they are given immunity.
© 2016 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use.
© 2016 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use.
Constitutional Safeguards
and Criminal Procedures
- The U.S. Constitution provides specific safeguards for those accused of crimes.
- These protections are set forth in the Fourth, Fifth, Sixth, and Eighth Amendments.
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© 2016 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use.
Constitutional Safeguards
and Criminal Procedures
- Fourth Amendment Protections
- Provides protection against unreasonable searches and seizures and requires that probable cause exist before issuing a search warrant or an arrest.
- Fifth Amendment Protections
- Requires due process of law, prohibits double jeopardy, and protects against self-incrimination.
© 2016 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use.
© 2016 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use.
Constitutional Safeguards
and Criminal Procedures
- Sixth and Eighth Amendment Protections
- Sixth Amendment—Guarantees a speedy trial, a trial by jury, a public trial, the right to confront witnesses, and the right to counsel.
- Eighth Amendment—Prohibits excessive bail and fines, and cruel and unusual punishment.
© 2016 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use.
© 2016 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use.
Constitutional Safeguards
and Criminal Procedures
- Two other procedural protections for criminal defendants:
- The Exclusionary Rule—Prohibits the introduction of all evidence obtained in violation of constitutional rights or any evidence derived from the illegally obtained evidence.
- The Miranda Rule—A rule set forth by the Supreme Court in Miranda v. Arizona holds that individuals who are arrested must be informed of certain constitutional rights, including their right to counsel.
© 2016 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use.
© 2016 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use.
Criminal Process
- The three phases of the criminal process—arrest, indictment or information, and trial—are procedures designed to safeguard the rights of the individual against the state.
- See Exhibit 7.3 for a summary of the procedural steps involved in prosecuting a criminal case.
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© 2016 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use.
Exhibit 7.3
© 2016 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use.
© 2016 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use.
Exhibit 7.3 (cont’d)
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© 2016 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use.
Criminal Process
- Sentencing Guidelines
- The federal government has established sentencing laws or guidelines, which are no longer mandatory but provide a range of penalties for each federal crime.
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© 2016 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use.
Cyber crime
- Cyber crime describes any criminal activity occurring on the Internet. There are several types of cyber crime:
- Cyber Fraud
- Cyber fraud is fraud committed over the Internet:
- Online auction fraud
- Online retail fraud
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© 2016 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use.
Cyber Crime
- Cyber Theft
- Thieves can steal data from anywhere in the world.
- Identity theft—wrongdoer steals a form of identification to access the victim’s financial resources
- Phishing—perpetrators “fish” for financial data from consumers by posing as a business
- Employment fraud—asking unsuspecting job seekers to reveal information to steal their identity
- Credit-card data theft—retailers that store their customers’ credit-card numbers and personal information are targets for cyber thieves
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© 2016 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use.
Cyber crime
- Hacking
- A hacker is someone who uses one computer to break into another.
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© 2016 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use.
Cyber crime
- Cyberterrorism
- Cyberterrorists aim to cause serious problems for computer systems.
- A cyberterrorist attack on a major U.S. financial institution or telecommunications system could have serious repercussions, including jeopardizing national security.
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© 2016 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use.
Cyber crime
- Cyber Crime Prosecution
- Jurisdiction and identification challenges
- Cause laws written to protect physical property to be difficult to apply in cyberspace
- The Computer Fraud and Abuse Act (CFAA)
- Most significant federal statute specifically addressing cyber crime
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