Lecture Business law with UCC applications (13/e): Chapter 5 - Brown, Sukys

Business Law with UCC
Applications,13e
Criminal Law and Cybercrimes
Chapter 5

McGraw­Hill/Irwin

        Copyright © 2013 by The McGraw­Hill Companies, Inc. All rights reserved.


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 within the
concept of criminal liability.
4. Identify the four mental states to be found in
the criminal code.
5. Explain the nature of corporate 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 cybercrimes.
9. Explain the three standards for the insanity
defense in criminal law.

10.Outline the requirements of entrapment as a
defense in criminal law.
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Criminal Law and
Cybercrimes
• Definition and Classes of Crimes
– Definition of a Crime
– Criminal Law in the American System
– Classes of Crimes

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Criminal Law and
Cybercrimes
• Definition of a Crime
– The Objectives of Criminal Law
– Prosecutions and Lawsuits
– Double Jeopardy
– Victim’s Rights

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Criminal Law and
Cybercrimes
• Criminal Law in the American System
– Federal Criminal Law

– Criminal Law as Adaptation

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Criminal Law and
Cybercrimes
• Elements of a Crime
– A Criminal Act
– The Required State of Mind
– The Matter of Motive
– The Matter of Corporate Liability
– The Matter of Punishment

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

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Criminal Law and
Cybercrimes
• The Required State of Mind
– Purpose

– Knowledge
– Recklessness
– Negligence

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Criminal Law and
Cybercrimes
• The Matter of Corporate Liability
– Corporate Personality
– Corporate Liability Theories
– The Modern Penal Code

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Criminal Law and
Cybercrimes
• The Matter of Punishment
– Protecting the public at large
– Individual offenses and punishment
– The Death Penalty

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Criminal Law and
Cybercrimes
• Specific Crimes

– Crimes against People
– Crimes against Property
– Crimes

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Criminal Law and
Cybercrimes
• Crimes against People
– First-Degree Murder
– Second-Degree Murder and Manslaughter
– Battery and Assault
– Hate Speech

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Criminal Law and
Cybercrimes
• Crimes against Property
– Burglary, Breaking and Entering, and
Trespass
– Aggravated Arson and Arson
– Aggravated Robbery and Robbery
– Theft, Fraud, and Related Offenses

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Criminal Law and
Cybercrimes
• Crimes Involving Business
– Embezzlement
– Forgery, Criminal Simulation, and Passing
Bad Checks
– Defrauding Creditors
– Racketeer Influenced and Corrupt
Organizations Act

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Criminal Law and
Cybercrimes
• Crimes against Justice
– Bribery and Theft in Office
– Dereliction of Duty
– Intimidation
– Obstruction of Justice and Resisting Arrest
– Perjury and Tampering with Evidence

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Criminal Law and
Cybercrimes
• Cybercrimes
– Cybertresspass
– Crimes Committed with a Computer

– Crimes that Target Computers
– Federal Cybercrimes
– The Global Cybercrisis

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Criminal Law and
Cybercrimes
• Crimes Committed with a Computer
–
–
–
–
–
–
–
–

Cyberextortion
Cyberstalking
Cyberharassment
Cyberassault
Cyberbullying
Cyberspoofing
Phishing and Spear Phishing
Smishing and Vishing
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Criminal Law and
Cybercrimes
• Crimes that Target Computers
– Cyberterrorism
– Identity Theft
– Cybervandalism
– Cybergerm Warfare

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Criminal Law and
Cybercrimes
• Federal Cybercrimes
– The Computer Fraud and Abuse Act (CFAA)
– The Electronic Communications Privacy Act
(ECPA)
– The Communications Assistance for Law
Enforcement Act (CALEA)
– The Economic Espionage Act (EEA)

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Criminal Law and
Cybercrimes
• Federal Cybercrimes
– The National Stolen Property Act (NSPA)
– The Identity Theft and Assumption Deterrence
Act (ITADA)

– The CAN SPAM Act

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Criminal Law and
Cybercrimes
• The Global Cybercrisis
– Cyber Strategies and Cyber Solutions
– Cyber Command (Cybercom)
– Internet Crime Complaint Center (IC3)
– Domestic Strategies

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Criminal Law and
Cybercrimes
• Defenses to Criminal Liability
– The Insanity Defense
– Entrapment
– Justifiable Force
– Mistake

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Criminal Law and
Cybercrimes
• The Insanity Defense

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

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Criminal Law and
Cybercrimes
• Justifiable Force
– Self-Defense
– Defense of Others
– Battered Spouse Syndrome

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