BL-Chapter 8 - 1 CHAPTER 8 CRIMINAL LAW AND CYBER CRIMES...

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CHAPTER 8 CRIMINAL LAW AND CYBER CRIMES Introduction to Criminal Law and Internet Crimes Purpose of Criminal Laws Allow people to coexist peacefully Allow commerce to flourish Protect people and property from injury by others Provides an incentive for people to act reasonably in society U.S. Criminal Law System Person charged is presumed innocent until proven guilty. The burden of proof is on the government. Accused must be found guilty beyond a reasonable doubt. In most other systems, person is presumed guilty unless he can prove otherwise. Conviction requires unanimous jury vote Cyber crimes -preexisting crimes that are committed using the Internet and new crimes that have been invented by computer technology Crime Crime - Any act done by an individual in violation of those duties that he or she owes to society and for the breach of which the law provides that the wrongdoer shall make amends to the public 1
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Penal Codes and Regulatory Statutes Statutes are the primary source of criminal law. State penal codes and federal regulatory statutes define in detail: The activities considered to be crimes within their jurisdiction; and The penalties that will be imposed for their commission. -Federal criminal codes defines federal crimes -State and federal regulatory statutes provide for criminal violations and penalties Penalties Imposed for Crimes: Fines Imprisonment Means of incapacitating wrongdoer Rehabilitation Deterrent for others from committing the same act Prevent personal retribution Probation Parties to a Criminal Action In a criminal lawsuit, the government is the plaintiff. The government is represented by a lawyer called the prosecutor. 2
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The accused is the defendant. The accused is represented by a defense attorney . The accused is represented by a defense attorney . Classification of Crimes Classification of Crimes 1. Felony 2. Misdemeanor 3. Violation Felonies The most serious kinds of crimes. May be mala in se – inherently evil. Most crimes against persons ( murder, rape) and certain business-related crimes are felonies ( embezzlement, bribery) Usually punishable by imprisonment and in some places punishable by death Mandatory sentencing for some crimes. Many statutes define different degrees of crime (first degree etc.) with different penalties Serious violations of regulatory statutes are also felonies Misdemeanors Less serious than felonies. 3
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Mala prohibita – not inherently evil but are prohibited by society. Many crimes against property are misdemeanors ( robbery, burglary, and less serious violations of regulatory statutes) Usually punished by fines and imprisonment up to one year. Violations
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BL-Chapter 8 - 1 CHAPTER 8 CRIMINAL LAW AND CYBER CRIMES...

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