CHAPTER FIVE CRIMINAL LAW MUSOLINOSUNY CRIMINAL & BUSINESS LAW.

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CHAPTER FIVE CRIMINAL LAW MUSOLINO SUNY CRIMINAL & BUSINESS LAW

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

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CHAPTER FIVE

CRIMINAL LAW

MUSOLINO SUNY CRIMINAL & BUSINESS LAW

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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

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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

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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.

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Criminal Law in the American System

Federal Criminal LawCriminal Law as a Complex Adaptive

System

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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

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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

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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

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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

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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

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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

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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

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Question?

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

A. Negligence

B. Intention

C. Purpose

D. Motive

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The Matter of Motive

Motive – wrongdoer’s reason for committing a crime

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Elements of a Crime

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

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The Matter of Punishment

Protecting the public at large– Deterrence– Education– Retribution

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The Matter of Punishment

Individual offenses and punishment – Prevention– Restraint– Rehabilitation

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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.

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Question?

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

A. Kidnapping

B. Burglary

C. Arson

D. Robbery

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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

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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

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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

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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

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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

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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

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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

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Electronic Crimes

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

with the intent to commit a crime

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State Electronic Crimes

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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

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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

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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

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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

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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

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Criminal Liability and Defenses

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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

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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

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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