CHAPTER FIVE CRIMINAL LAW MUSOLINOSUNY CRIMINAL & BUSINESS LAW.
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Transcript of CHAPTER FIVE CRIMINAL LAW MUSOLINOSUNY CRIMINAL & BUSINESS LAW.
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