Chapter 8Criminal Law andCyber Crimes.ppt

Chapter 8 Criminal Law andCyber Crimes §1: Civil and Criminal Law Major differences: §2: Classification of Crimes An act can have both civil and criminal consequences. (O.J. Simpson trials) §3: Essentials of Criminal Liability To be convicted of a crime, a person must: Commit a guilty act (actus reus). Have the guilty mind (mens rea) during commission of the guilty act. §4: Corporate Criminal Liability A corporation is creature of state statute. A corporate entity may be convicted of a crime. Punishment would be fines and/or denial of certain legal privileges. Liability of Corporate Entity Corporations may be convicted of criminal activity if: Crime is within agent/employee’s scope of employment; Corporation fails to perform a legally required duty; or Crime authorized or requested by corporate principal/officer. Liability of Corporate Officers Corporate officers and directors are personally liable for crimes they commit. Also, they may be criminally liable for acts of their under the “Responsible Corporate Officer” doctrine. U.S. v. Park (1975). Case 8.1: U.S. v. Hanousek (1999). §5: Types of Crimes Violent Crimes. Murder, sexual assault, rape, robbery. Property Crimes. Burglary, larceny, theft of trade secrets, theft of services, arson, receipt of stolen goods, forgery. “White Collar” Crimes Crimes occurring in the business context using non-violent means to obtain personal or business advantage. Embezzlement. Mail or Wire Fraud (federal). Bribery. Bankruptcy Fraud (federal). Insider Trading (federal). Theft of Trade Secrets (federal). Organized Crime Operates illegitimately by providing illegal goods and services: Money Laundering. RICO(criminal and civil liability). §6: Defenses to Criminal Liability Infancy (juvenile). Involuntary Intoxication: is a defense if person was incapable of understanding act. Insanity: defendant lacked substantial capacity to appreciate the wrongfulness of act or to conform act to law. Mistake. Duress. Consent. D