BCOR 3000 Chapter 6 BCOR 3000 Chapter 6 cont dd cont Professor Michael Maciszewski Professor Michael Maciszewski Esquire Esquire December 1 2015 December 1 2015 Agenda Agenda Criminal Law and Cyber Crime Criminal Law and Cyber Crime 1 1 Criminal Process Criminal Process 2 2 Cyber Crime Cyber Crime Criminal Process Criminal Process Three phases of the criminal process Arrest Indictment or Information Trial Criminal Process Criminal Process Arrest Must be based on probable cause substantial likelihood not just possibility that the person has committed or is about to commit a crime Before warrant for arrest can be issued there must be probable cause to believe individual in question committed a crime Arrest can made without warrant if there is no time to get one but the action of arresting officer is still judged by the standard of probable cause Criminal Process cont d d Criminal Process cont Indictment or Information Before individual can be brought to trial he she must be formally charged with having committed specific crime If issued by a grand jury this charge is called an indictment Grand jury group of citizens who decide after hearing the state s evidence whether a probable case exists for believing a crime has been committed and that a trial should be held Does not determine guilt or innocent of accused Typically only used in cases involving serious crimes Regarding lesser crimes information formal accusation or complaint without an indictment issued in certain types of actions usually criminal actions involving lesser crimes by a government prosecutor when he she determines there is sufficient evidence to justify a trial Criminal Process cont d d Criminal Process cont Trial Entire burden of proof is on the prosecutor state Prosecution must show that based on all the evidence presented defendant s guilt is established beyond a reasonable doubt If prosecution cannot prove that the verdict will be that defendant is not guilty Not guilty innocent Not enough evidence was properly presented in court to prove guilt beyond a reasonable doubt Sentencing judge must take into account various sentencing factors that apply to the defendant before concluding a particular sentence is reasonable Cyber Crime Cyber Crime Cyber Crime a crime that occurs in online environment rather than in the physical world Cyber fraud fraud that is committed over the Internet Any misrepresentation knowingly made with the intention of deceiving another and on which a reasonable person would and does rely to his her detriment calamities after Ex Emails asking for financial help in connection with Ex Online auction where person refuses to send the product receiving payment Cyber Crime cont d d Cyber Crime cont Cyber Crime a crime that occurs in online environment rather than in the physical world Cyber theft theft of data stored in a networked computer Identify theft illegal use of someone else s personal information to access the victim s financial resources Phishing e mail fraud scam in which the messages purport to be from legitimate businesses to induce individuals into revealing their personal financial data passwords or other information Hacking use of one computer to break into another computer Malware malicious software programs such as viruses or worms designed to cause harm to computer device or network Cyber Crime cont d d Cyber Crime cont Prosecution of cyber crime raises unique issues Jurisdiction Normally based on physical geography and each state and nation has jurisdiction over crimes committed within its boundaries But what if a person commits an act against a business in a state where the act is a cyber crime but never sets foot in that state and instead resides in a state where the act is not a cyber crime Identification Cyber criminals do not leave fingerprints and even electronic footprints e g digital evidence can be hard to find and follow