Class 2 : Introduction to crime

Question 1

Criminal Liability in Digital contect

Answer 1

All traditional liability + liability unique to the digital context.

Question 2

Criminal liability in digital context

Answer 2

Traditional crime using a digital medium. Evidence of these crimes are found in digital form,

Question 3

What are the traditional liability?

Answer 3

Crimes against persons, crimes against property, crimes against the public.

Question 4

Example of crimes against public

Answer 4

Child pornography, interference with the government, interference with public services

Question 5

Some example of criminal liability unique to digital context

Answer 5

** Computer fraud and abuse, illegal access, electronic harassment, digital millennium copyright.

Question 6

Where criminal laws come primarily from?

Answer 6

Common Law

Statutory Law

Question 7

What is Common Law

Answer 7

Common law often refers to laws that are based on the customs and principles of society, which are used in court case decisions in situations not covered by civil law statutes.

Question 8

Statutory Law

Answer 8

All statutes passed by the legislature that are still on the books.
or
A legislative process, in which laws and ordinances are developed and voted on by representatives of the people.

Question 9

Source of Criminal Liability in Federal law

Answer 9

It comes from Statutory law - United state code

Question 10

Source of criminal liability at MD state level

Answer 10

It comes from common and statutory law - Code of MD

Question 11

Source of criminal liability at Baltimore city level

Answer 11

It comes from Statutory law - Baltimore city Code

Question 12

What Elements are?

Answer 12

All the pieces necessary for a crime to have been committed.

Question 13

How to find out what the law is?

Answer 13

1- Find the source of the liability : common law (go through court opinions) or statutory law (find the statute)
2-Break the crimes into Elements
3- Read the court Opinions.
4-See what the executive branch says

Question 14

Where to find the sources of liability?

Answer 14

• *If it is common law, check through court opinions

* *If it is statutory, find the statute

Question 15

So what makes up an “element”?

Answer 15

Each element should point to something that will need to be proven later in order to show that a crime was committed.

Question 16

What to identify when breaking down the elements of a statute

Answer 16

1- Actus Reus (Guilty Act) - The actions taken
2- Mens Rea (Guilty Mind) - State of mind
3- Attendant circumstances - What else was going on ; other qualities/characteristics/event/etc.

Question 17

Actus Reus: “The Guilty Action”

Answer 17

The “Actus Reus” is the action component of a crime.
What did the person have to actually do in order to commit the crime?

Actus Reus is often visible.

Question 18

Mens Rea: “The Guilty Mind”

Answer 18

The “mens rea” is the state of mind at the time of the crime.

What is it that the person wants or is thinking? What was their intention?

It’s what the person was thinking when they committed the Actus Reus

Question 19

If it’s against the law to intentionally wear white, then:

Answer 19

Actus Reus: Wearing white

Mens Rea: Intentionally

Question 20

The 4 different levels of Mens Rea suggested by the Model Penal Code (MPC)

Answer 20

1- Purposely - You wanted it to happen
2-Knowingly - You knew it was going to happen
3-Recklessly - You knew it was probably going to happen
4-Negligently - You should have known it was probably going to happen

Question 21

MPC Mens Rea: Purposely

Answer 21

• *It is the goal you are trying to achieve or
• *It is what you want to see happen or
• *how you hope things will be

Question 22

MPC Mens Rea: Knowingly

Answer 22

• *You are aware that it will happen, but you don’t have it as a goal or
• *You are aware that something is the case or
• *You are virtually certain that something will be the result, but it’s not something you’re trying for (you’re just not avoiding it)

Question 23

MPC Mens Rea: Recklessly

Answer 23

• *You are aware of a substantial and unjustified risk that it will happen and
• *It is a SIGNIFICANT leap from what a reasonable person would do

Question 24

MPC Mens Rea: Negligently

Answer 24

• *You SHOULD be aware of a substantial risk that it will happen, but you don’t notice
• *A reasonable person would have noticed the risk (and avoided it)

Question 25

Civil Negligence vs. Criminal Negligence

Answer 25

Civil Negligence is NOT the same as Criminal Negligence

Criminal negligence isn’t just a mistake, it’s a gross deviation from what a reasonable person would do under the circumstances.

Question 26

Different types of crimes

Answer 26

• *General Intent
• *Specific Intent
• *Strict liability

Question 27

Mens Rea: General Intent

Answer 27

A crime is a “general intent” crime when all you have to do is intend to commit the Actus Reus.
You don’t need to want any particular result, you just have to intend the action.

Question 28

Mens Rea: Specific Intent

Answer 28

When you have to do something other than just intentionally commit an actus reus, we refer to this as “specific intent.”
A “specific intent” statute “specifies” the mens rea required.
It normally involves a mens rea beyond general intent (intentionally committing the actus reus).

Question 29

Mens Rea: Strict Liability

Answer 29

Strict liability (as the name suggests) is the most harsh of the three.
There is NO Mens Rea requirement at all, and therefore you can commit the crime unintentionally

Question 30

Court structure

Answer 30

Each court is broken into 3 categories
1-Trial courts
2-Appellate courts
3- Court of last resort.

Question 31

In applying the law, courts (and attorneys) will generally frame an argument like this:

Answer 31

Issue – What is the issue to be resolved?
Rule – What is the rule of law that decides these issues?
Application – How does the rule apply to the facts of the case?
Conclusion – What is the answer?

Question 32

How to find the rule

Answer 32

Precedent is used to find the rule to be applied

Question 33

When can we admit that a crime is committed?

Answer 33

When all of the elements of the crime are satisfied (Actus Reus, Mens Rea, Attendant Circumstance).

Question 34

Job of a forensics analyst

Answer 34

Uncover evidence, and prepare it for use in court.

Question 35

Reporter abbreviation - United State Supreme court

Answer 35

“U.S” - United States Reports
“S.Ct.” - Supreme Court Reporter (west)
“L.Ed” - Lawyer’s Edition

Question 36

Reporter abbreviation - Federal Courts of Appeal

Answer 36

“F” - Federal Reporter

“F.2d” - Federal reporter Second series

Question 37

Reporter abbreviation - Federal District Courts

Answer 37

“F.Supp” - Federal Supplement

Question 38

Reporter abbreviation - Maryland Courts

Answer 38

Court of Appeals:
Maryland Reports – “Md.”

Court of Special Appeals:
Maryland Appellate Reports – “Md. App.”

Question 39

“binding precedent” or “Mandatory authority.”

Answer 39

court is required and MUST follow the law explained by the courts “above” it in the jurisprudential chain-of-command.

Question 40

persuasive authority

Answer 40

The decisions of other courts (lower courts or courts in other jurisdictions) may be used to show that your argument is followed in other places. Court only have the OPTION to follow it

Question 41

Scientific testimony : Frye - Reed Test

Answer 41

The Frye-Reed Test:
1) Is this a “novel” scientific technique? (If it has been accepted by the appellate courts, it is not “novel”)

2) If it is novel, then has it been generally accepted by the scientific community as reliable? (publications, associations, etc)

Reliable means accurate, reproducible, standardized, etc.