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Chapter 8
66
crowbar.
Justice Blackmun
I. Teacher to Teacher Dialogue
maintain that balance.
Try to give students some of the comparative structural differences between our system and
some of the worlds’ more totalitarian regimes. Ask them to consider their own personal financial
and legal ability to resist the efforts of the state that may have targeted them for prosecution. In
that light they start to see that our criminal law system, albeit quite flawed, is all we really have to
evolved over the years. Possibly focus on the emerging willingness of states to pursue, and the
courts to convict, individual managers for criminal offenses committed in the name of corporate
gain. Unfortunately, the daily media is able to provide us with a more than adequate supply of
case scenarios to use as illustrative examples of the phenomenon.
II. Chapter Objectives
1. List and describe the essential elements of a crime.
2. Describe criminal procedure, including arrest, indictment, arraignment, and the criminal trial.
3. Identify and define business and white-collar crimes.
4. List and describe cyber crimes.
CRIMINAL LAW
AND CYBER CRIMES
8
Criminal Law and Cyber Crimes
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5. Explain the constitutional safeguards provided by the Fourth, Fifth, Sixth, and Eighth
Amendments to the U.S. Constitution.
III. Key Question Checklist
All crimes are specifically defined by federal, state, or local statute. Would the behavior in
question fall under the purview of the applicable statute?
Have procedural and substantive due process requirements been met?
IV. Text Materials
I suggest that you key your presentations to the chapter highlights used by Professor Cheeseman.
These move from criminal procedure and general classification of crimes to the impact of
criminal law on corporate behavior. The chapter then wraps up with an overview of how both
Introduction to Criminal Law and Cyber Crimes
Criminal laws are intended to provide an incentive for people to act reasonably and be protected
from injury, while establishing the penalties for persons that violate these laws. Federal, state, and
local governments have all established criminal laws in order to protect their citizens and their
Definition of a Crime
A crime is an act in violation of the duties one owes to society, for which the law provides that
amends shall be made.
Penal Codes and Regulatory Statutes – Both the federal government and the states have
adopted comprehensive penal codes that define activities that are considered to be crimes within
Parties to a Criminal Action – In criminal cases, the plaintiff is the government and the accused
is the defendant.
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Classification of Crimes – Crimes are classified as felonies, misdemeanors, and violations.
Felonies are the most serious, and include all crimes that are mala in se. Punishment ranges from
Intent Crimes – Most crimes require proof of intent. In order to find a person guilty of a crime,
the government must prove that there was a criminal act (actus reus or guilty act) performed and
Nonintent Crimes – Nonintent crimes are often imposed for reckless or grossly negligent
nonintent crime.
Contemporary Environment: Criminal Acts as the Basis for Tort Actions
An individual can bring a civil tort action against a wrongdoer, which is separate from the
government’s action. In most cases, a person injured by a criminal act will not sue to recover civil
pay a civil judgment.
Business Ethics – Martha Stewart was charged with criminal conspiracy, lying to the federal
government, and obstruction of justice for her role as a tippee in the ImClone case. She chose to
serve four and a half months in jail and was released on probation, even though she is currently
appealing the verdict.
Criminal Procedure
Arrest – Police usually obtain an arrest warrant, a document issued by a judge requiring the
detainment of a suspect based on a showing of probable cause that the person has committed a
Bail Bond – In order to be released from jail while awaiting trial, most persons must post a bond.
Indictment or Information – A grand jury may issue an indictment or a judge might issue a
magistrate’s information statement, which are formal charges of a felony crime or misdemeanor,
Arraignment – An arraignment is when the accused is brought before a court, read the charges
against him/her, and is asked to enter a plea of guilty, not guilty, or nolo contendere. A plea of
Criminal Law and Cyber Crimes
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plea be entered.
Plea Bargaining – This situation allows the accused to admit guilt to the crime with which he/she
may choose to retry the case.
Critical Legal Thinking – An innocent person should not be plea bargaining on a case. That
being said, perhaps the plea closes out other criminal investigations underway by the government
where there is criminal liability. The government plea bargains cases for many reasons. One is
Common Crimes
There are several crimes against persons and business property including theft, misappropriation,
and fraudulent taking.
Felony Murder – Murder committed during the commission of a crime, without intent, is called
felony murder, and most states hold that all parties involved in the crime, even those that were not
involved in the murder, will be charged under this rule.
Robbery – Robbery is the taking of personal property from another person by use of force or
fear. Aggravated or armed robbery occurs when the perpetrator uses a deadly weapon in
committing the crime.
Larceny – The wrongful and fraudulent taking of another person’s property is larceny. Most
personal property is subject to larceny.
Theft – Some states have dropped the distinction between robbery, larceny, and burglary, and
Receiving Stolen Property – This crime entails a person knowingly receiving stolen tangible
property with the intent of depriving the rightful owner of the property.
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Ethics: Murder Conviction Upheld on Appeal
I would have imposed the longest sentence available under law. The appeal is the defendant’s
right to pursue.
Business and White-Collar Crimes
and usually involve deceit and cunning.
Forgery – If a written document has been altered or is fraudulently altered so as to affect the
Bribery – The most prevalent form of white-collar crime is bribery, where one person offers
color of official right.
Criminal Fraud – Criminal fraud is committed by obtaining title to property through deceit or
trickery.
Money Laundering – It is a federal crime to knowingly participate in a monetary transaction
employing financial institutions involving property of more than $10,000 or in any financial
Criminal Law and Cyber Crimes
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crime.
Business Environment: Corporate Criminal Liability
Corporations have generally been held to lack the mens rea to commit a crime; after all, they are
not alive, and only act through their agents. The courts have held, though, that they are criminally
have not seen many prosecutions of white-collar crimes against executives.
Cyber Crimes
digital crimes.
Digital Law: Internet Fraud and Identity Theft
In identity theft—or ID theft—one person steals information about another person to pose as that
person and take the innocent person’s money or property or to purchase goods and services using
the victim’s credit information.
computer attached to the Internet.
Information Infrastructure Protection (IIP) Act – In 1996, Congress passed the IIP Act to
consumer reporting agencies.
Case 8.1 Computer Crime: United States v. Barrington
648 F.3d 1178, 2011 U.S. App. Lexis 16535 (2011), United States Court of Appeals for the
Eleventh Circuit
university.
Issue: Is guilt and the term of the criminal sentence proper?
Decision: Yes.
Case Questions: It is unclear from the facts whether Barrington was offered a plea. What is
clear from the court’s language is that Barrington lied while under oath regarding the scheme. It
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Protection against Unreasonable Search and Seizure
Case 8.2 Search: Navarette v. California
134 S.Ct. 1683, 2014 U.S. Lexis 2930 (2014), Supreme Court of the United States
Facts: A truck ran a driver off the road. Ultimately, the police stopped the truck and searched it
because the driver called 911.
Exclusionary Rule – The exclusionary rule permits evidence to be excluded from trial if it is
obtained subsequent to an unreasonable search and seizure. However, the good faith exception to
Case 8.3 Search: Maryland v. King
133 S.Ct. 1958, 2013 U.S. Lexis 4165 (2013), Supreme Court of the United States
Facts: An armed man broke into a woman’s home and raped her.
Issue: Was it proper to collect DNA in this instance or was that an unreasonable search?
Case 8.4 Search of Cell Phones: Riley v. California and United States v. Wurie
134 S.Ct. 2473, 2014 U.S. Lexis 4497 (2014), Supreme Court of the United States
Facts: Two cases were combined for a key decision by the High Court. Gang related information
was discovered by police on a cell phone, which the police searched without a warrant. The
distribution of crack cocaine ensued.
Issue: Is it possible to conduct a warrantless search of a cell phone?
Privilege against Self-Incrimination
