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Understanding Criminal Defenses: Insanity, Entrapment, and the Implications of Cyber Law

This overview explores essential defenses to crimes, including the M’Naughten Rule for insanity, the concept of entrapment, and self-defense principles. It explains the consequences of a not guilty by reason of insanity verdict, the requirement to retreat in self-defense situations, and the rights to protect family members. Additionally, it discusses criminal punishments, including fines, imprisonment, and the death penalty. Cyber law and computer crimes are also examined, emphasizing the legal frameworks governing digital activities and data protection.

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Understanding Criminal Defenses: Insanity, Entrapment, and the Implications of Cyber Law

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Presentation Transcript

  1. Objective 02.02 Criminal Law Part B

  2. Defenses to a Crime Insanity • Must prove the M’Naughten Rule “At the time of the crime, was the defendant suffering from a mental disease so serious that he or she did not know what they were doing was wrong” • If not guilty, what happens? Must serve time in a mental institution until determined to be stable.

  3. Defenses to a Crime, continued Entrapment • Induced into breaking the law by a law enforcement officer

  4. Defenses to a Crime, continued Self-Defense • Defending yourself from danger • Must retreat, if possible

  5. Defenses to a Crime, continued Defense of Family Members • Person has the right to rescue a family member who is being attacked.

  6. Punishment • Fines-payment of specified amount of money as penalty for committing crime. • Imprisonment –indefinite or indeterminate sentences • Mandatory Sentencing • What is the only thing a judge cannot do? • Not allow you to see a family member.

  7. Punishment, continued • Death Penalty • Three (3) Phases • Jury determines guilt or innocence • Pre-sentence Hearing (Judge/jury listens to arguments, examines evidence) • Appeal to the Highest Court

  8. Computer Laws • The National Information Infrastructure Protection Act of 1996 was enacted as part of Public Law 104-294. • It amended the Computer Fraud and Abuse Act of 1986.

  9. Computer Crimes Illegally using hardware and software by misuse of equipment, copying, and/or taking data from web sites for personal use without prior permission. • Piracy • Hacking

  10. Telecommunication Law or Cyber Law • Telecommunication law or Cyber law governs the legal issues of cyberspace. • These terms are not restricted to the Internet. • The terms include: • computers • computer networks • the Internet data software etc.

  11. Telecommunication Law/Cyber Law, continued • Cyber law encompasses laws relating to: 1. Electronic and Digital Signatures 2. Computer Crime 3. Intellectual Property 4. Data Protection and Privacy 5. Telecommunications Laws

  12. Assignment • Research information regarding The Melissa virus. • Provide details on who, what, when, where, why and how. • E-mail to me your findings

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