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Chapter 5 - Criminal law and cybercrimes. After completing this chapter, students will be able to: Explain the purpose of criminal law, enumerate the various categories and classes of crimes, describe the nature of an act within the concept of criminal liability, identify the four mental states to be found in the criminal code, explain the nature of corporate criminal liability,...
Business Law with UCC Applications,13e Criminal Law and Cybercrimes Chapter McGrawHill/Irwin Copyright © 2013 by The McGrawHill Companies, Inc. All rights reserved Learning Objectives Explain the purpose of criminal law Enumerate the various categories and classes of crimes Describe the nature of an act within the concept of criminal liability Identify the four mental states to be found in the criminal code Explain the nature of corporate criminal liability 52 Learning Objectives Explain the various theories of punishment within criminal law Enumerate and explain the elements of several key crimes Define and explain the nature of cybercrimes Explain the three standards for the insanity defense in criminal law 10.Outline the requirements of entrapment as a defense in criminal law 53 Criminal Law and Cybercrimes • Definition and Classes of Crimes – Definition of a Crime – Criminal Law in the American System – Classes of Crimes 54 Criminal Law and Cybercrimes • Definition of a Crime – The Objectives of Criminal Law – Prosecutions and Lawsuits – Double Jeopardy – Victim’s Rights 55 Criminal Law and Cybercrimes • Criminal Law in the American System – Federal Criminal Law – Criminal Law as Adaptation 56 Criminal Law and Cybercrimes • Elements of a Crime – A Criminal Act – The Required State of Mind – The Matter of Motive – The Matter of Corporate Liability – The Matter of Punishment 57 Criminal Law and Cybercrimes • A Criminal Act – Omissions and Refusals to Act – Involuntary Movement or Behavior 58 Criminal Law and Cybercrimes • The Required State of Mind – Purpose – Knowledge – Recklessness – Negligence 59 Criminal Law and Cybercrimes • The Matter of Corporate Liability – Corporate Personality – Corporate Liability Theories – The Modern Penal Code 510 Criminal Law and Cybercrimes • The Matter of Punishment – Protecting the public at large – Individual offenses and punishment – The Death Penalty 511 Criminal Law and Cybercrimes • Specific Crimes – Crimes against People – Crimes against Property – Crimes 512 Criminal Law and Cybercrimes • Crimes against People – First-Degree Murder – Second-Degree Murder and Manslaughter – Battery and Assault – Hate Speech 513 Criminal Law and Cybercrimes • Crimes against Property – Burglary, Breaking and Entering, and Trespass – Aggravated Arson and Arson – Aggravated Robbery and Robbery – Theft, Fraud, and Related Offenses 514 Criminal Law and Cybercrimes • Crimes Involving Business – Embezzlement – Forgery, Criminal Simulation, and Passing Bad Checks – Defrauding Creditors – Racketeer Influenced and Corrupt Organizations Act 515 Criminal Law and Cybercrimes • Crimes against Justice – Bribery and Theft in Office – Dereliction of Duty – Intimidation – Obstruction of Justice and Resisting Arrest – Perjury and Tampering with Evidence 516 Criminal Law and Cybercrimes • Cybercrimes – Cybertresspass – Crimes Committed with a Computer – Crimes that Target Computers – Federal Cybercrimes – The Global Cybercrisis 517 Criminal Law and Cybercrimes • Crimes Committed with a Computer – – – – – – – – Cyberextortion Cyberstalking Cyberharassment Cyberassault Cyberbullying Cyberspoofing Phishing and Spear Phishing Smishing and Vishing 518 Criminal Law and Cybercrimes • Crimes that Target Computers – Cyberterrorism – Identity Theft – Cybervandalism – Cybergerm Warfare 519 Criminal Law and Cybercrimes • Federal Cybercrimes – The Computer Fraud and Abuse Act (CFAA) – The Electronic Communications Privacy Act (ECPA) – The Communications Assistance for Law Enforcement Act (CALEA) – The Economic Espionage Act (EEA) 520 Criminal Law and Cybercrimes • Federal Cybercrimes – The National Stolen Property Act (NSPA) – The Identity Theft and Assumption Deterrence Act (ITADA) – The CAN SPAM Act 521 Criminal Law and Cybercrimes • The Global Cybercrisis – Cyber Strategies and Cyber Solutions – Cyber Command (Cybercom) – Internet Crime Complaint Center (IC3) – Domestic Strategies 522 Criminal Law and Cybercrimes • Defenses to Criminal Liability – The Insanity Defense – Entrapment – Justifiable Force – Mistake 523 Criminal Law and Cybercrimes • The Insanity Defense – Competency to Stand Trial – Not Guilty by Reason of Insanity (NGRI) 524 Criminal Law and Cybercrimes • Justifiable Force – Self-Defense – Defense of Others – Battered Spouse Syndrome 525 ... Classes of Crimes 5? ?4 Criminal Law and Cybercrimes • Definition of a Crime – The Objectives of Criminal Law – Prosecutions and Lawsuits – Double Jeopardy – Victim’s Rights 5? ?5 Criminal Law and Cybercrimes... criminal law 10.Outline the requirements of entrapment as a defense in criminal law 5? ?3 Criminal Law and Cybercrimes • Definition and Classes of Crimes – Definition of a Crime – Criminal Law in... Rights 5? ?5 Criminal Law and Cybercrimes • Criminal Law in the American System – Federal Criminal Law – Criminal Law as Adaptation 5? ?6 Criminal Law and Cybercrimes • Elements of a Crime – A Criminal