BUS 201 College of San Mateo Criminal Law Discussion

Ray steals a purse from an unattended car at a gas station. Because the purse contains money and a handgun, Ray is convicted of grand theft of property (cash) and grand theft of a firearm. On appeal, Ray claims that he is not guilty of grand theft of a firearm because he did not know that the purse contained a gun. Can Ray be convicted of grand theft of a firearm even though he did not know that the gun was in the purse? Explain.

Roger LeRoy Miller
BUSINESS LAW TODAY
THE ESSENTIALS
TEXT & SUMMARIZED CASES, 11E
Copyright
© 2017
Cengage
Learning. All Rights Reserved.
Copyright © 2017 Cengage
Learning.
All Rights
Reserved.
Criminal Law and Cyber Crime
Chapter 6
Chapter Outline
• 6-1 Civil Law and Criminal Law
• 6-2 Criminal Liability
• 6-3 Types of Crimes
• 6-4 Defenses to Criminal Liability
• 6-5 Constitutional Safeguards and Criminal
Procedures
• 6-6 Cyber Crime
Copyright © 2017 Cengage Learning. All Rights Reserved.
Learning Objectives
1. What two elements normally must exist before
2.
3.
4.
5.
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?
What constitutional safeguards exist to protect
persons accused of crimes?
How has the Internet expanded opportunities
for identity theft?
Copyright © 2017 Cengage Learning. All Rights Reserved.
6-1 Civil Law and Criminal Law

6-1a Key Differences between Civil Law
and Criminal Law
– Burden of Proof
• Civil: preponderance of the evidence. Verdict is
by a majority.
• Criminal: proof beyond a reasonable doubt.
Verdict must be unanimous.
– Criminal Sanctions
Copyright © 2017 Cengage Learning. All Rights Reserved.
6-1b Civil Liability for Criminal Acts
– Some torts, such as assault and battery,
provide a basis for a criminal prosecution as
well as a tort action.
Copyright © 2017 Cengage Learning. All Rights Reserved.
6-1c Classification of Crimes
– Felony: A crime—such as arson, murder,
rape, or robbery—that carries the most
severe sanctions, ranging from more than
one year in a state or federal prison to the
death penalty.
– Misdemeanor: A lesser crime than a felony,
punishable by a fine or incarceration in jail
for up to one year.
– Petty offense: The least serious kind of
criminal offense, such as a traffic or buildingcode violation.
Copyright © 2017 Cengage Learning. All Rights Reserved.
6-2 Criminal Liability

6-2a The Criminal Act
– Actus reus: A guilty (prohibited) act

6-2b State of Mind
– Mens rea: A wrongful mental state or intent
– Recklessness
– Criminal Negligence
– Strict Liability and Overcriminalization
• Federal Crimes
• State Crimes
Copyright © 2017 Cengage Learning. All Rights Reserved.
6-2c Corporate Criminal Liability
– Liability of the Corporate Entity
• Crimes must occur within scope of employment.
• Corporations can be held criminally liable when
they FAIL to fulfill certain statutory duties.
• Case Example 6.6 United States v. Singh (2008)
– Liability of Corporate Officers and Directors
• Case Example 6.7 People v. Roscoe (2008)
Copyright © 2017 Cengage Learning. All Rights Reserved.
6-3 Types of Crimes

6-3a Violent Crime
– Crimes against persons (murder, rape).
– Robbery is a violent crime.
Copyright © 2017 Cengage Learning. All Rights Reserved.
6-3b Property Crime
– Most common, involves money or property
– Burglary: unlawful entry
– Larceny: wrongful taking of another’s
property
– Obtaining Goods by False Pretenses
• Case Example 6.9 State of Wisconsin v. Steffes
(2013)
– Receiving Stolen Goods
– Arson: intentional burning of a building
– Forgery: fraudulent making or altering of
writing that changes legal rights of another
Copyright © 2017 Cengage Learning. All Rights Reserved.
Case 6.1


State of Minnesota v. Smith (2015)
Who is in the best position to evaluate
the credibility of the evidence and the
witnesses in a case? Why?
Copyright © 2017 Cengage Learning. All Rights Reserved.
6-3c Public Order Crime
– Most common include:
•
•
•
•
Public drunkenness
Prostitution
Gambling
Illegal drug use
Copyright © 2017 Cengage Learning. All Rights Reserved.
6-3d White-Collar Crime
– Embezzlement: fraudulent appropriation of
funds
– Mail and Wire Fraud
• Case Example 6.13 United States v. Chinasa (2011)
– Bribery
– Bankruptcy Fraud
– Theft of Trade Secrets
– Insider Trading: purchase or sale of securities
on basis of information not available to
public
Copyright © 2017 Cengage Learning. All Rights Reserved.
Spotlight on White-Collar Crime:
Case 6.2




People v. Sisuphan (2010)
Why wasn’t the defendant’s intent to
return the money a valid defense?
Why was Sisuphan convicted of
embezzlement instead of larceny?
What is the difference between these two
crimes?
Copyright © 2017 Cengage Learning. All Rights Reserved.
6-3e Organized Crime
– Money Laundering: financial transactions to
conceal id, source, or destination of illegally
gained funds
– The Racketeer Influenced and Corrupt
Organizations Act (RICO) of 1970
1.
2.
3.
4.
Use income obtained from racketeering to purchase interest in
an enterprise
Acquire or maintain interest in enterprise through racketeering
activity
Conduct or participate in affairs of enterprise through
racketeering
Conspire to do any of the preceding activities
• Broad Application of RICO
• Civil Liability
Copyright © 2017 Cengage Learning. All Rights Reserved.
6-4 Defenses to Criminal Liability








6-4a Justifiable Use of Force
6-4b Necessity
6-4c Insanity
6-4d Mistake
6-4e Duress
6-4f Entrapment
6-4g Statute of Limitations
6-4h Immunity
Copyright © 2017 Cengage Learning. All Rights Reserved.
6-5 Constitutional Safeguards
and Criminal Procedures

6-5a Fourth Amendment Protections.
– Case Example 6.19 United States v. Jones
(2012)
– Probable Cause: reasonable grounds for
believing search should be conducted or
person should be arrested
– Reasonable Expectation of Privacy
Copyright © 2017 Cengage Learning. All Rights Reserved.
Case 6.3


State of Oklahoma v. Marcum (2014)
If Miller and Marcum had used
smartphones and U.S. Cellular had stored
its records in the “cloud,” would the
outcome likely have been different?
Explain.
Copyright © 2017 Cengage Learning. All Rights Reserved.
6-5b Fifth Amendment Protections
– Due Process of Law
– Double Jeopardy
• The Fifth Amendment requirement that prohibits
a person from being tried twice for same crime
• Case Example 6.20 United States v. Kizeart (2010)
– Self-Incrimination
Copyright © 2017 Cengage Learning. All Rights Reserved.
6-5c Protections under the Sixth
and Eighth Amendments
– Right to Speedy Trial
– Right to Jury Trial
– Right to Public Trial
– Right to Confront Witnesses
– Right to Counsel
– Prohibits excessive bail and fines
– Prohibits cruel and unusual punishment
Copyright © 2017 Cengage Learning. All Rights Reserved.
6-5d The Exclusionary Rule and the
Miranda Rule
– The Exclusionary Rule
• Prevents evidence obtained illegally or without
proper search warrant from being admissible
– The Miranda Rule
• Based on Miranda v. Arizona (1966)
– Exceptions to the Miranda Rule
• Public Safety
• Coercion
• Illegally obtained evidence
Copyright © 2017 Cengage Learning. All Rights Reserved.
Landmark in the Law


Miranda v. Arizona (1966)
Police officers routinely advise suspects of
their “Miranda rights” on arrest
Copyright © 2017 Cengage Learning. All Rights Reserved.
6-5e Criminal Process
– Arrest
– Indictment or Information
• Indictment: A formal charge by a grand jury that
there is probably cause to believe that a named
person has committed a crime.
• Information: A formal accusation or complaint
issued in certain types of actions by a
government prosecutor.
– Trial
Copyright © 2017 Cengage Learning. All Rights Reserved.
6-5f Federal Sentencing Guidelines
– Problems with Constitutionality
• Case Example 6.21 United States v. Booker (2005)
– Factors in Determining the Sentence
Copyright © 2017 Cengage Learning. All Rights Reserved.
6-6 Cyber Crime


Computer crime and cyber crime
6-6a Cyber Fraud
– Cyber fraud: Any misrepresentation
knowlingly made over the Internet with the
intention of deceiving another for the
purpose of obtaining property or funds.
– Online Auction Fraud
– Online Retail Fraud
• Case Example 6.22 Jaynes v. Commonwealth of
Virginia (2008)
Copyright © 2017 Cengage Learning. All Rights Reserved.
6-6b Cyber Theft
– Thieves are not subject to the physical
limitations of the “real” world.
– Identity Theft: illegal use of someone’s
personal information to access financial
resources
– Phishing: perpetrator’s “fish” for information
on passwords, etc. through email
– Employment Fraud
– Credit-Card Numbers
Copyright © 2017 Cengage Learning. All Rights Reserved.
6-6c Hacking
– Botnets: network of compromised computers
to generate spam, relay viruses
– Malware: any harmful computer program
• Worm: software that replicates itself to consume
system resources
• Virus: software that replicates itself to alter files
and interfere with normal operations
– Service-Based Hacking
• “Crimeware as a service”

6-6d Cyberterrorism
Copyright © 2017 Cengage Learning. All Rights Reserved.
6-6e Prosecution of Cyber Crime
– Jurisdiction and Identification Challenges
– The Computer Fraud and Abuse Act (CFAA)
Copyright © 2017 Cengage Learning. All Rights Reserved.