criminal &civil law

CRIMINAL LAW & PROCEDURE

PRESENTED BY GROUP 6

Nguyen Tung AnhPham Khanh Duy ( Leader )

Do Thi TrangNguyen Trong Vinh

CRIMINAL LAW & PROCEDURE GROUP 6CRIMINAL LAW & PROCEDURE GROUP 6

• Crime,society and lawA

• Crimes that harm businessB• Crimes committed by

businessC

• The criminal processD


A. CRIME,SOCIETY AND LAW

GROUP 6CRIMINAL LAW & PROCEDURE GROUP 6 CRIMINAL LAW & PROCEDURE

I. Civil law/ criminal law

• Conduct is criminal when the society outlaws it

• When a state legislature or Congress concludes that certain behavior threaten, declaring its criminal the population generally, it passes a statute forbidding that behavior



Question:

Is the Stacey’case crime or not?

The answer is yes because the congress has outlaw it



• a) Prosecution– In the criminal prosecution, the government has

right to prosecutes the crimes– The prosecutors have right to decide whether or

not to charge the crimes and bring him or her to the trial



• b) Jury right– The facts of the case will be decided by a judge or

jury– A criminal defendant has a right to a trial by jury

for any charge that could result in a sentence of six months or longer.

– The defendant may demand a jury trial or may waive that right, in which case the judge will be the fact finder



• c) Punishment– In the civil lawsuit

• The plaintiffs have right to seek the verdict that the witnesses given by the defendant are true or wrong

– In the criminal lawsuit:• The government ask the court to find out the defendant

guilty of the crime• The court has right to punish the defendant with a fine or

a prison sentence.• The fine have to be paid to the government, not to

injured person.



• d) Felony/Misdemeanor– A felony • A serious crime, for which a defendant can be

sentenced to spend one year or more in prison. Murder, robbery, rape, drug dealing, wire fraud, and embezzlement are felonies

– A misdemeanor • A less serious crime, often punishable by a year or less

in a county jail. Driving without a license and simple possession of one marijuana cigarette are considered misdemeanors in most states.


II. THE PROSECUTION’S CASE

Several basic issues that are common in the criminal case:

• a)Conduct Outlawed– Virtually all crimes are created by statute– The prosecution must demonstrate to the court

that the defendant’s alleged conduct is indeed outlawed by a statute



• b) Burden of Proof– In a civil case, the plaintiff must prove her case by

a preponderance of the evidence– In a criminal case, the government must prove its

case beyond a reasonable doubt



• c) Actus Reus– Actus reus means the “guilty act”– The prosecution must prove that the defendant

voluntarily committed a prohibited act



• d) Mens Rea: a “guilty state of mind”– The prosecution must also show mens rea” on the

defendant’s part:• Most crimes require a showing of general intent :

meaning that the defendant intended to do the prohibited physical action (the actus reus).• Some crimes require specific intent. h e prosecution

must prove that the defendant willfully intended to do something beyond the physical act


III. Defenses

• A criminal defendant will frequently dispute the facts that link her to the crime

• A defendant may offer legal defenses. One of the most controversial is the insanity defense

• Insanity– In most states, a defendant who can prove that he was insane at the

time of the criminal act will be declared not guilty. h is reflects the moral basis of our criminal law. Insane people, though capable of great harm, historically have not been considered responsible for their acts. A defendant found to be insane will generally be committed to a mental institution. If and when that hospital determines that he is no longer a danger to society, he will, in theory, be released

• (example for clear understanding:page 97)


B. CRIMES THAT HARM BUSINESS


I. Larceny

• Is the trespassory taking of personal property with intent to steal

• Example :A teenager came to a shoe store, tried a pair of sneaker and went out the shop without paying


II. Computer Crime

• Ex : Dragon and Durham have a computer crime that– Durham obtained the personal information of 45 hospital

patients from a contact he had at Mount Sinai Medical Center. Dragon and Durham then obtained false identification cards from photo stores in NY city, reflecting the patients’ names and identifying information. They used the false identification to charge merchandise and gift cards to the real account – holder at Macy’s stores in New Jersey, NY and Pennsylvania

=> The District Court imposed a sentence of 44 months in prison


II. Computer Crime

• Various federal statutes that apply to computer crimes :– The Computer Fraud and Abuse Actprohibits using a computer

to commit theft, espionage, trespass, fraud, and damage to another computer.

Ex : An angry employee who hacks into his company’s central computer system and damages the billing system has violates this law.

– The Access Device Fraud Act outlaws the fraudulent use of cards, codes, account numbers, and other devices to obtain money, goods, or services.

For example it is a violation of this act to reprogram a cellular telephone so that calls are charged to an improper account.


II. Computer Crime

– The Wire and Electronic Communications Interception Act makes it a crime to intercept most wire, oral, and electronic communications. (Thislaw does not prohibit recording your own conversations.) We warned you not to tape your roommate’s conversations!

– The Identity Theft and Assumption Deterrence Act bars the use of false identification to commit fraud or other crime.

This is the crime with which Dragon and Durham were charged. The Federal Trade Commission receives hundreds of thousands of complaints of identity theft every year: guard identifying data carefully


III. Fraud

• Is the deception of another person for the purpose of obtaining money or property.– Bank fraud : Using deceit to obtain money, assets, securities, or other

property under the control of any financial institution.– Wire fraud and mail fraud involve the use of mail,

telegram, telephone, radio or television to obtain property by deceit.

– Medicare fraud : Using false statements, bribes, or kickbacks to obtain

Medicare payments from the federal or state government


IV. Embezzlement

• Is the fraudulent conversion of property already in the defendant’s possession– Ex :A bank teller is expected to handle thousands

of bills every day. But when she decides to tidy her cash drawer by putting all the wrinkled hundred-dollar bills in her pocket, she has embezzled


D. THE CRIMINAL PROCESS


• InformantAffidavit: A writen statement signed under oath


Investigation Process


I. Warrant

• Search warrant: Written permission to conduct a search, given by a neutral official

• Probable cause– Probable cause means that, based on all of the

presentation presented, it is likely that evidence of crime will be found in the place to be searched


II. Search and Seizure

• Fourth Amendment– The Fourth Amendment prohibits the government

from making illigal searches and seizures• Exclusionary rule– Exclusionary rule holds that evidence obtained

illegally may not be used at trial against the victim of the search


III. Arrest

• The Fifth Amendment prohibits self-incrimination• Society does not want a government that

engages in torture• Before the police obtain aconfession, the

defendant must be told that he has the right to remain silent; that anything he says can be used against him at trial; that he has the right to the lawer; and that if he cannot afford a lawer, the court will appoint one for him


IV. Indictment

• Indictment: The government’s formal charge that the defendant has committed a crime and must stand trial


V. Arraigment

• Plea Bargaining– An agreement between prosecution and defense

that the defendant will plead guilty to a reduced charge in exchange for a reduced sentence


VI. Trial and appeal

• When there is no plea bargain, the case must go to trial

• The mechanics of a criminal trial are similar to those for a civil trial. It is the prosecution’s job to convince the jury beyond a reasonable doubt that the defendant commited every element of the crime charged


Thanks For Listening

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