978-0134004006 Chapter 8 Lecture Note Part 2

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Criminal Law and Cyber Crimes

protected.

Miranda Rights – The warning that is read to a criminal suspect who is in the custody of police

or government agents before they are interrogated is called the Miranda Rights. Those rights

Critical Legal Thinking – Almost all criminal defendants do not take the stand. The policy is

that that self will is superior to the will of the state.

Case 8.5 Miranda Rights: Ragland v. Commonwealth of Kentucky

191 S.W.3d 569, 2006 Ky. Lexis 251 (2006), Supreme Court of Kentucky

even understand the questions when being asked by the police. When in doubt, ask for a lawyer

and take the Fifth immediately.

Attorney Client Privilege and Other Privileges – The Fifth Amendment protects all

communications between a client and their attorney, preventing the attorney from being called as

enacted special accountant – client privileges.

Immunity from Prosecution – A governmental agency may agree not to use any evidence given

Other Constitutional Protections

Sixth Amendment Right to a Public Jury Trial – The Sixth Amendment guarantees that an

accused has the right to be tried by an impartial jury in the locale where the crime was committed,

punishment.

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V. Key Terms and Concepts

 Accountant–client privilege—An accountant cannot be called as a witness against a client in

a court action in a state where these statutes are in effect.

cause that the person committed a crime.

 Arson—The willful or malicious burning of a building.

 Bail—When a person is arrested, a bail amount is usually set by the court.

 Bribery—A crime in which one person gives another person money, property, favors, or

anything else of value for a favor in return. A bribe is often referred to as a payoff or

kickback.

 Burden of proof—The burden of proof in a criminal trial is on the government to prove that

the accused is guilty of the crime charged.

other type of building.

 Capital murder—First degree murder

 Civil RICO—Persons injured by a RICO violation can bring a private civil RICO action

 Corporate criminal liability—Modern courts impose corporate criminal liability. These courts

employees.

 Counterfeit Access Device and Computer Fraud and Abuse Act—This act makes it a federal

 Crime—A crime is a violation of a statute for which the government imposes a punishment.

trickery.

Criminal Law and Cyber Crimes

found guilty of the defined crime.

 Criminal law—Federal, state, and local governments’ criminal laws are intended to afford

 Criminal RICO—RICO makes it a federal crime to acquire or maintain an interest in, use

electronic means.

 Defendant—In a criminal lawsuit, the accused, which is usually an individual or a business, is

the defendant.

 Double jeopardy clause—A clause of the Fifth Amendment that protects persons from being

tried twice for the same crime.

unusual punishment.

 Embezzlement—The fraudulent conversion of property by a person to whom that property

 Exclusionary rule—A rule that says evidence obtained from an unreasonable search and

color of official right.

 Felony—The most serious type of crime; an inherently evil crime. Most crimes against

persons and some business-related crimes are felonies.

 Fifth Amendment—The Fifth Amendment to the U.S. Constitution provides that no person

liability of another person.

 Fourth Amendment—The Fourth Amendment to the U.S. Constitution protects persons and

 Grand jury—Evidence of serious crimes, such as murder, is usually presented to a grand jury.

 Identity Theft and Assumption Deterrence Act—To address the growing problem of ID theft,

Congress enacted the Identity Theft and Assumption Deterrence Act.

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judgment of a grand jury.

 Information—The charge of having committed a crime (usually a misdemeanor), based on

 Intent crime—A crime that requires the defendant to be found guilty of committing a criminal

and businesses. This type of bribe is often referred to as a kickback, or payoff.

 Larceny—The taking of another’s personal property other than from his or her person or

building.

 Magistrate—For lesser crimes (e.g., burglary, shoplifting), the accused will be brought before

a magistrate (judge).

prohibited act.

 Miranda rights—Rights that a suspect must be informed of before being interrogated, so that

 Misdemeanor—A crime that is less serious than a felony; not inherently evil but prohibited

by society. Many crimes against property are misdemeanors.

 Money laundering—In order to “wash” the money and make it look as though it was earned

 Murder—The unlawful killing of a human being by another with malice aforethought—the

element of mens rea (guilty mind).

 Nonintent crime—A crime that imposes criminal liability without a finding of mens rea

(intent).

 Penal code—A collection of criminal statutes.

Criminal Law and Cyber Crimes

and (2) asked to enter a plea.

 Plea bargain—An agreement in which the accused admits to a lesser crime than charged. In

 Presumed innocent until proven guilty—A person charged with a crime in the United States

is presumed innocent until proven guilty.

privilege against self-incrimination.

 Psychiatrist/psychologist patient privilege—The accused may tell the truth in order to seek

help for his condition.

called a public defender.

 Racketeer Influenced and Corrupt Organizations Act—A federal act that provides for both

criminal and civil penalties for racketeering.

 Reasonable search and seizure—Reasonable search and seizure by the government is lawful.

 Receiving stolen property—A crime that involves (1) knowingly receiving stolen property,

and (2) intending to deprive the rightful owner of that property.

place for specified contraband, articles, items, or documents. A search warrant must be based

on probable cause.

 Self-incrimination—The Fifth Amendment states that no person shall be compelled in any

criminal case to be a witness against him or herself.

to a public jury trial.

 Speedy Trial Act—The federal statute that requires that a federal defendant be brought to trial

within 70 days after indictment.

 Spouse-spouse privilege—A privilege granted to an accused through the Fifth Amendment to

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 Violation—A crime that is neither a felony nor a misdemeanor that is usually punishable by a

fine.

 Warrantless arrest—An arrest that is made without obtaining an arrest warrant. The arrest

warrant.

 White-collar crime—A type of crime that is prone to being committed by businesspersons.

 Wire fraud—The use of telephone or telegraph to defraud another person.