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CHAPTER 7 Criminal Law and Cybercrime New York Police Department, Times Square, New York City Criminal cases make up a large portion of cases tried in U.S. courts. Criminal cases are bought against persons for violating federal, state, and local laws. Suspected criminals are given many rights by the U.S. Constitution and state constitutions. Parties in the United States are free from unreasonable searches and seizures of evidence, and any evidence obtained illegally is considered tainted evidence and cannot be used in court. People who are suspected of a criminal act may assert their right of privilege against self-incrimination and may choose not to testify at any pretrial proceedings or at trial. Parties have a right to a public trial by a jury of their peers. In addition, if convicted of a crime, the criminal is free from cruel and unusual punishment. Learning Objectives After studying this chapter, you should be able to: 1. List and describe the essential elements of a crime. 2. Describe criminal procedure, including arrest, indictment, arraignment, and the criminal trial. 3. Identify and define business and white-collar crimes. 4. List and describe cybercrimes. 5. Explain the constitutional safeguards provided by the Fourth, Fifth, Sixth, and Eighth Amendments to the U.S. Constitution. Chapter Outline 1. Introduction to Criminal Law and Cybercrime 2. Definition of a Crime 1. CONTEMPORARY ENVIRONMENT • Criminal Acts as the Basis for Tort Actions 3. Criminal Procedure 4. Common Crimes 1. ETHICS • Murder Conviction Upheld on Appeal 5. Business and White-Collar Crimes 1. BUSINESS ENVIRONMENT • Corporate Criminal Liability 6. Cybercrimes 1. DIGITAL LAW • The Internet and Identity Theft 2. Case 7.1 • United States v. Barrington 7. Fourth Amendment Protection From Unreasonable Search and Seizure 1. Case 7.2 • U.S. SUPREME COURT CASE • Navarette v. California 2. Case 7.3 • U.S. SUPREME COURT CASE • Maryland v. King 3. Case 7.4 • U.S. SUPREME COURT CASE • Riley v. California and United States v. Wurie 8. Fifth Amendment Privilege Against Self-Incrimination 1. Case 7.5 • Ragland v. Commonwealth of Kentucky 9. Other Constitutional Protections 1. GLOBAL LAW • France Does Not Impose the Death Penalty “It is better that ten guilty persons escape than that one innocent suffer.” —Sir William Blackstone Commentaries on the Laws of England (1765) Introduction to Criminal Law and Cybercrime For members of society to coexist peacefully and for commerce to flourish, people and their property must be protected from injury by other members of society. Federal, state, and local governments’ criminal laws are intended to afford this protection by providing an incentive for persons to act reasonably in society and imposing penalties on persons who violate the laws. There can be no equal justice where the kind of trial a man gets depends on the amount of money he has. Justice Black Griffin v. Illinois 351 U.S. 12, 76 S.Ct. 585, 1956 U.S. Lexis 1059 (1956) The Uni.CHAPTER 7 Criminal Law and CybercrimeNew York Police Departmen.docx

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· What Did Robert Merton Know, Anyway? Chapter 12 discussed Policing and Special Populations. In a 1-2 page paper, using examples from policing, determine how prejudice and discrimination intersect with each other. You are encouraged to seek examples from at least three (3) external sources. Here are some notes down below to help!! Police and Crime Prevention The idea of crime prevention as an important function of policing can be traced to Sir Robert Peel who established crime prevention as one of the Metropolitan London Police goals. Since the President’s Commission on Law Enforcement and Administration of Justice Report in the late 1960s, crime prevention has become an acceptable function of policing in America. The concept of crime prevention involves education, training, public relations, and the development of strategies to prevent criminal activities. For the last several decades, there have been a variety of crime prevention studies, programs, and strategies advocated to help prevent the individual, neighborhoods, and government and private organizations from becoming victims of crime. The community has a role to play in crime prevention. National commissions such as the President’s Commission on Law Enforcement and Administration of Justice and the National Advisory Commission on Criminal Justice and Goals brought to national attention the importance of crime prevention for the community. The goal of Community Crime Prevention Programs (CCPPs) in the 1970s indicated that community organizations and local institutions had an important role in crime prevention efforts. The goal was for the police and community organizations to provide the impetus in neighborhood crime prevention efforts. In the final decades of the twentieth century the police came to the realization, with a push from the federal government studies, that crime cannot be solved when left without the cooperation and assistance of the community. Only when citizen participation exists in crime prevention can we expect that crime can be reduced. A community crime prevention approach involves the police and the communities working together not only to reduce crime but also to prevent it. To achieve community crime prevention several techniques and strategies are put into operation. Defensible Space as a crime prevention approach is workable and to a great extent successful. Defensible space provides residents with a secure environment relatively free from crime. Another technique similar to “defensible space” is Crime Prevention Through Environmental Design (CPTED). This concept holds that crime prevention involves the physical design of buildings along with citizen involvement and the effective use of police agencies. The thrust of the CPTED model implies that the physical environment can be orchestrated to prevent potential offenders from committing incidents of crime along with improving the quality of life. The third strategy to prevent crime is Situational Crime Prevent.· What Did Robert Merton Know, AnywayChapter 12 discussed Polic.docx

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Terrorism and Criminal SEC400 Terrorism and Criminal Activity Paper Name Class Date Professor Terrorism and Criminal Activity Paper Terrorism and criminal activity have many similarities in that the action of the criminal and the terrorist group are illegal, immoral, and result in victims but there are also distinct differences. Crime is an activity that goes against the laws of a society while terrorism can be supported by the state or government in which the terrorist operates. Terrorists are well trained groups that operate more like a military than a criminal group and commit violent crimes that are different from the violent crimes often time seen in the criminal element. The terrorist has a propensity for violence while not all crimes involve violent behavior. Terrorist commit violent acts and even crimes to support a cause while criminal commit crimes for different motives, such as greed, jealousy, and anger. Terrorist groups emerge in a society where the group feels oppressed either politically or religiously (Gadek, 2008). These groups will form when members of the society experience the same anger and frustration at this oppression. Terrorist groups also form when their society is invaded by another country and their culture is threatened. Criminals commit crimes due to anger and frustration at their socioeconomic circumstances but will not commit acts of planned violence in order to make a statement to bring attention to their cause while the criminal takes steps to mask their crime. Criminals will cover-up there fingerprints, where masks to hide their faces, or commit their crimes under the cover of darkness while the terrorist go to great lengths to bring attention to their actions to ensure their message can be spread. Terrorist groups have a specific agenda and will commit the greatest amount of destruction and violence in order to ensure that the media brings attention to their cause. Criminals operate in a specific geographical are while the terrorist conducts operations all over the globe, especially in westernized countries. Prevention, Mitigation, and Enforcement Measures Since the attacks on America on September 11, 2001 the focus of the government has been on developing antiterrorism measures that will prevent and effectively mitigate any further terrorist attacks. The first step of the government was to create the Department of Homeland Security in order to integrate federal agencies to ensure that intelligence warning about a potential attack does not go unnoticed, as in the case of 9/11. Failures in interagency communications led to a failure of the federal government to stop the terrorist attacks that killed over 3,000 Americans. Homeland Security is designed to coordinate efforts to ensure that further terrorist attacks are prevented as well as to create an effective response system in the event of further terrorist attacks. Next the government created the USA P ...Terrorism and Criminal SEC400 Terrorism .docx

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