Chapter 6

Criminal Law and Cyber Crimes

A crime is defined as any act done by an individual in violate 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.
Statutes are the primary source
Penal Code- A collection of criminal statutes
Regulatory statutes- statutes such as environmental laws, securities law and
antitrust laws that provide for criminal violations and penalties.
Parties to a criminal action:
The government ( not a private party) is the plaintiff. The government is
represented by a lawyer called the prosecutor and prosecuting attorney.
The accused is the defendant. Public defender is the government defense
attorney.
Classification of crimesFelony- the most serious type of crime. Mostly crimes against people and
business related crimes are felonies.
Mala in se- inherently evil.
Misdemeanors- A crime that is less serious than a felony, not inherently evil
but prohibited by society. Many crimes against property are misdemeanors.
Mala prohibita- not inherently evil.
Violations- A crime that is neither a felony nor a misdemeanor that is usually
punishable by a fine.
Intent Crimes- A crime that requires the defendant to be found guilty of
committing a criminal act (actus reus) with criminal intent (mens rea)
Criminal Act ( Actus Rea) The defendant must have actually performed the
prohibited act. The actual performance of the criminal act Is called Actus
Reus ( Guilty act)
Criminal intent- Mens Rea- to be found guilty of an intent crime. The
accused must be found to have possessed the requisite state of mind when
the act was performed.

Specific Intent Crime- require that the perpetrator intended to achieve a

specific result from this illegal act. EX. Premeditated Murder, arson, forgery,
fraud.
General Intent Crime- Require that the perpetrator either knew or should
have known that her actions would lead to harmful results the government
does not have to prove that the accused intended the precise harm that
resulted from her actions
Ex. Assault and battery.
Individual criminal statutes state whether the crime requires a showing of
specific or general intent. Some jurisdictions have eliminated the distinction
between specific and general crimes.
Elements of intent crimes Actus reus and mens rea
Non intent crimes- A crime that imposes criminal liability without a finding of
mens rea (intent)
Criminal procedure- includes pretrial procedures and the actual trial.
Arrest, arrest warrant based on a showing of probable cause.
Arrest warrant- A document for a persons detainment based on a showing
of probable cause that the person committed a crime.
Probable cause- evidence of the substantial likelihood that a person either
committed or is about to commit a crime.
Warrantless arrest- an arrest made without a warrant,probable cause was
present.
Indictment- the charge of having committed a crime, based on the
judgement of a grand jury.
Information- the charge of having committed a crime based on the
judgement of a judge.
Arraignment- A hearing during which the accused is brought before a court
and is informed
Plea Bargain Agreement- an agreement in which the accused admits to a
lesser crime than charged. In return the government agrees to impost a
lesser sentence than might have been obtained had the case gone to trail
Hung Jury- a jury that cannot come to a unanimous decision about the
defendants guilt. The government may choose to retry the case.

Common CrimesMurder- the unlawful killing of a human being by another person without
justification
First degree Murder- the intentional unlawful killing of a human being by
another person with premeditation, malice aforethought and willful act.
Second Degree Murder- the intentional unlawful killing of a human being by
another person that is not premeditated or planned in advance.
Voluntary Manslaughter- intentional unlawful killing of a human being by
another person that is not premeditated or planned in advance that is
committed under circumstances that would cause a reasonable person to
become emotionally disturbed. (Intentional crime)
Involuntary manslaughter- The unintentional unlawful killing of a human
being by another person that is caused from a reckless or negligent act.
(non intent crime)
Felony murder rule- sometimes a murder is committed during the
commission of another crime even though the perpetrator did not originally
intend to commit the murder. They are charged with murder plus the other
crime.
Robbery- the taking of personal property from another person by the use of
fear or force
Burglary- the taking of personal property from anothers home, office or
commercial or type of building.
Larceny- the taking of another's personal property other than from his or her
personal building.
TheftReceiving stolen property- a crime that involves knowing receiving stolen
property and intending to deprive the rightful owner of that property.