BL-Chapt9 - Print Chapter Page 1 of 34 Criminal Law and...

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Criminal Law and Cyber Crime Chapter Introduction 9-1 Civil Law and Criminal Law 9-1a Major Differences between Civil Law and Criminal Law 9-1b Civil Liability for Criminal Acts 9-2 Classification of Crimes 9-2a Felonies 9-2b Misdemeanors and Petty Offenses 9-3 Criminal Liability 9-3a The Criminal Act 9-3b State of Mind 9-3c Corporate Criminal Liability 9-4 Types of Crimes 9-4a Violent Crime 9-4b Property Crime 9-4c Public Order Crime 9-4d White-Collar Crime 9-4e Organized Crime 9-5 Defenses to Criminal Liability 9-5a Infancy 9-5b Intoxication 9-5c Insanity 9-5d Mistake 9-5e Consent 9-5f Duress 9-5g Justifiable Use of Force 9-5h Necessity 9-5i Entrapment 9-5j Statute of Limitations 9-5k Immunity 9-6 Criminal Procedures 9-6a The Exclusionary Rule 9-6b The Miranda Rule 9-6c Criminal Process 9-6d Federal Sentencing Guidelines 9-7 Cyber Crime 9-7a Cyber Theft 9-7b Hacking 9-7c Spam 9-7d Prosecuting Cyber Crime 9-7e The Computer Fraud and Abuse Act Chapter Recap Page 1 of 34 Print Chapter 2010-8-29 ..
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Chapter Introduction The law imposes various sanctions in attempting to ensure that individuals engaging in business in our society can compete and flourish. These sanctions include those imposed by civil law, such as damages for various types of tortious conduct (discussed in Chapters 6 and 7); damages for breach of contract (to be discussed in Chapter 18); and the equitable remedies discussed in Chapters 1 and 18. Additional sanctions are imposed under criminal law. Indeed, many statutes regulating business provide for criminal as well as civil penalties. Therefore, criminal law joins civil law as an important element in the legal environment of business. In this chapter, after explaining some essential differences between criminal law and civil law, we look at how crimes are classified and at the elements that must be present for criminal liability to exist. We then examine the various categories of crimes, the defenses that can be raised to avoid criminal liability, and the rules of criminal procedure. We conclude the chapter with a discussion of crimes that occur in cyberspace, which are often referred to as cyber crime . Generally, cyber crime refers more to the way in which particular crimes are committed than to a new category of crimes. Page 2 of 34 Print Chapter 2010-8-29 ..
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9-1 9-1a 9-1b Civil Law and Criminal Law Major Differences between Civil Law and Criminal Law Exhibit 9–1. Key Differences between Civil Law and Criminal Law Burden of Proof Criminal Sanctions Civil Liability for Criminal Acts Recall from Chapter 1 that civil law pertains to the duties that exist between persons or between persons and their governments. Criminal law, in contrast, has to do with crime. A crime can be defined as a wrong against society proclaimed in a statute and punishable by a fine and/or imprisonment–or, in some cases, death. As mentioned in Chapter 1, because crimes are
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BL-Chapt9 - Print Chapter Page 1 of 34 Criminal Law and...

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