CHAPTER FIVE

CRIMINAL LAW

MUSOLINO SUNY CRIMINAL & BUSINESS LAW

Learning Objectives

1. Explain the purpose of criminal law

2. Enumerate the various categories and classes of crimes

3. Describe the nature of an act according to the meaning of criminal liability

4. Identify the four mental states that can be found in the criminal code

5. Distinguish motive from the required elements of criminal liability

Learning Objectives

6. Explain the various theories of punishment within criminal law

7. Enumerate and explain the elements of several key crimes

8. Define and explain the nature of e-crime

9. Explain the three standards for the insanity defense found in criminal law

10. Outline the requirements of entrapment as a defense against criminal liability

Definition and Classes of Crimes

A crime – an offense against the public at large.

The primary objectives of criminal law are to: – protect the public at large– preserve harmony and stability within society– discourage future disruptive conduct.

Criminal Law in the American System

Federal Criminal LawCriminal Law as a Complex Adaptive

System

Federal Criminal Law

The federal government has no express power in the Constitution that allows it to enact criminal law statutes or establish a national police force

FBI

Question?

What is a crime punishable by death or imprisonment in a federal or a state prison?

A. Misdemeanor

B. Felony

C. Code violation

D. Embezzlement

Classes of Crimes

A felony – a crime punishable by death or imprisonment in a

federal or a state prison for a term exceeding one year

– Manslaughter, armed robbery, and arson

A misdemeanor – a less serious crime, generally punishable by a

prison sentence of not more than one year– Traffic violations and building code violations

Elements of a Crime

A Criminal Act– Omissions and Refusals to Act– Involuntary Movement or Behavior

The Required State of Mind– Purpose– Recklessness– Knowledge– Negligence

Question?

When people act with an awareness that a particular result will probably occur it is known as ___________.

A. Purpose

B. Knowledge

C. Recklessness

D. Negligence

The Required State of Mind

Purpose – individuals intend to cause the result that in fact

occurs

Knowledge – people act with an awareness that a particular

result will probably occur

The Required State of Mind

Recklessness – involves a perverse disregard of a known risk

of negative consequences

Negligence – people fail to see the possible negative

consequences of their actions

Question?

What is a wrongdoer’s reason for committing a crime?

A. Negligence

B. Intention

C. Purpose

D. Motive

The Matter of Motive

Motive – wrongdoer’s reason for committing a crime

Elements of a Crime

The Matter of Punishment– Protecting the public at large– Individual offenses and punishment

The Matter of Punishment

Protecting the public at large– Deterrence– Education– Retribution

The Matter of Punishment

Individual offenses and punishment – Prevention– Restraint– Rehabilitation

Crimes Against People

Homicide – Any killing of one human by another– Murder, manslaughter

Battery – unlawful touching of another person.

Assault – an attempt to commit a battery.

Question?

What is the unlawful abduction of an individual against that person’s will?

A. Kidnapping

B. Burglary

C. Arson

D. Robbery

Crimes Against People

Kidnapping – The unlawful abduction of an individual against

that person’s will

Hate speech – the use of certain symbols, writings, and speech

intended to provoke outrage or fear on the basis of race, religion, color, or gender

Crimes Against Property

Burglary – consists of a break-in of a dwelling or other building for

the purpose of carrying out a felonyArson

– the willful and malicious act of causing the burning of another’s property

Robbery – The act of taking personal property, including money,

from the possession of another against that person’s will, in that person’s presence, and under threat to do great bodily harm or damage

Crimes Against Property

Larceny – taking and carrying away the personal property

of another without the right to do so

Extortion – taking another’s property with consent when

such consent is coerced by threat to injure the victim’s person, property, or reputation

– blackmail

Question?

What is the false making or changing of a writing with the intent to defraud?

A. Larceny by false pretenses

B. Embezzlement

C. Bribery

D. Forgery

Crimes Involving Business

Larceny by false pretenses – The taking of someone’s money or property by

intentionally deceiving that person

Embezzlement – Individuals who wrongfully take property

entrusted to their care

Crimes Involving Business

Bribery – involves a corrupt agreement induced by an

offer of reward

Forgery – the false making or changing of a writing with

the intent to defraud

Crimes Involving Business

Racketeer Influenced and Corrupt Organizations (RICO) Act – Under provisions of this statute, conducting a

legitimate business with the funds acquired from a “pattern of racketeering activities” can give rise to criminal liability

Electronic Crimes

E-trespass – the process of gaining access to a computer

with the intent to commit a crime

State Electronic Crimes

Crimes Committed with a Computer

Electronic extortion – occurs when an experienced hacker gains

access to the computer records of a corporation or other institution and discovers some sort of illegal, negligent, or unethical conduct that might embarrass or otherwise damage the reputation or the financial health of the target organization

Crimes Committed with a Computer

Electronic stalking – involves targeting individuals for exploitation

using their computer connections

Electronic spoofing – an electronic criminal must falsely adopt the

identity of another computer user or create a false identity on a computer Web site to commit fraud

Crimes that Target Computers

Electronic terrorism – involves using a computer to disrupt or destroy

one of the critical elements of the nation’s electronic infrastructure

Identity theft – a perpetrator steals credit card information,

financial data, access codes, passwords, or debit card information and then passes himself or herself off as the victim

Crimes that Target Computers

Electronic vandalism – e-vandals attack a computer system so that a

Web site is completely destroyed or paralyzed to the extent that legitimate business can no longer be conducted on that site

Electronic germ warfare – criminals use viruses to attack a computer

system

Federal E-Crimes

The Computer Fraud and Abuse ActThe Wiretap ActThe Unlawful Access to Stored

Communications ActThe Identity Theft ActThe Access Device Fraud ActThe CAN SPAM Act

Criminal Liability and Defenses

Defenses to Criminal Liability

The Insanity Defense– Competency to Stand Trial– Not Guilty by Reason of Insanity (NGRI)

• M’Naughten Rule

• Irresistible impulse test

• American law institute test

Question?

If a law enforcement officer induces a law-abiding citizen to commit a crime it is called __________.

A. Insanity

B. Mistake

C. Entrapment

D. Justifiable force

Defenses to Criminal Liability

Entrapment – If a law enforcement officer induces a law-

abiding citizen to commit a crime

Justifiable Force– Self-defense– Defense of others– Battered spouse syndrome

Mistake