...content production, telecommunications, broadcasting electronic commerce, and data processing, in the nation’s overall social and economic development. The State also recognizes the importance of providing an environment conducive to the development, acceleration, and rational application and exploitation of information and communications technology (ICT) to attain free, easy, and intelligible access to exchange and/or delivery of information; and the need to protect and safeguard the integrity of computer, computer and communications systems, networks, and databases, and the confidentiality, integrity, and availability of information and data stored therein, from all forms of misuse, abuse, and illegal access by making punishable under the law such conduct or conducts. In this light, the State shall adopt sufficient powers to effectively prevent and combat such offenses by facilitating their detection, investigation, and prosecution at both the domestic and international levels, and by providing arrangements for fast and reliable international cooperation. SEC. 3. Definition of Terms. — For purposes of this Act, the following terms are hereby defined as follows: (a) Access refers to the instruction, communication with, storing data in, retrieving data from, or otherwise making use of any resources of a computer system or communication network. (b)...
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...* Chapter 10: Criminal Law and Cyber Crime * Section 1: Civil Law and Criminal Law * Crime- A wrong against society set forth in a statute and punishable by a fine and/or imprisonment—or in some cases, death * Key Differences Between Civil Law and Criminal Law * Burden of Proof * Civil Case * Plaintiff must prove his or her case by a preponderance of the evidence and must convince the court that based on the evidence presented by both parties; it is more likely than not that the plaintiff’s allegation is true. * Criminal Case * The state must prove its case beyond a reasonable doubt. The prosecutor must prove beyond a reasonable doubt that the defendant has committed every essential element of the offense with which she or he is charged * Criminal Sanctions * Much harsher than civil * Involve fines, imprisonment, probation, and sometimes the death penalty * Civil Liability for Criminal Acts * Some torts, such as assault and battery, provide a basis for a criminal prosecution as well as a civil action in tort, * Classification of Crimes * Felonies * Serious crimes punishable by death or by imprisonment for more than one year * Misdemeanors * Less serious crimes punishable by a fine or by confinement for up to a year * Petty...
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...Criminal Law and Cyber Crimes Sara Bakerink Kaplan University LS311-03RP1 In law there can be different classifications of the same crime, theft for example. The classifications vary state to state as the section code is based on the state. For example in Iowa we do not have a state section code for Larceny. Robbery can be found under 711.1 and burglary can be found under 713.1. However, in other states larceny is listed in the state section code. For this assignment in Unit 3 there are three situations that involve Makoto's laptop computer being stolen. How the theft occurs is the factor that determines the type of crime that is committed. The classifications of theft crimes are larceny, robbery, or burglary. In situation one Sarah sees a laptop unattended on a porch and steals it. Sarah proceeds to show everyone the laptop calling it her own. This type of theft is known as larceny which is a property crime. Larceny is "the unlawful taking and carrying away of someone else's personal property with the intent to permanently deprive the owner of possession." (Miller & Jentz, 2008, p.128) "Note that a person who commits larceny generally can also be sued under tort law because the act of taking possession of another's property involves a trespass to personal property." (Miller & Jentz, 2008, p.128) In situation two Sarah sees Makoto outside with a laptop computer. Sarah holds Makoto at gunpoint and steals Makoto's computer...
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...Hate Crimes: Criminal Profile, Causes, Victims, and Minimization Abstract Discrimination and hate crimes are nothing new. The Civil Rights Act of 1968 enacted the Federally Protected Activities Law in 1969, allowing the federal prosecution of any person or persons, who because another's race, color, religion or national origin, while participating in a federally protected activity, such as voting or going to school, willfully injures or attempts to injure, intimidates or attempts to intimidate or interfere with them(18 USC § 245, n.d.). In 1994 the Violent Crime Control and Law Enforcement Act was passed where in Section 280003(a) a hate crime is defined where a person intentionally selects a victim, or a property crime, to commit a crime because of race, color, religion, national origin, ethnicity, gender, disability, sexual orientation, or homeless status of the victim (28 USC § 994, 1994). The Matthew Shepard and James Byrd, Jr. Hate Crimes Prevention Act, was signed by President Obama on October 28, 2009 as a rider to the National Defense Authorization Act for 2010 (H.R. 2647) as a result to the murders of Matthew Shepard and James Byrd, Jr., expanding the 1969 United States federal hate-crime law to include crimes motivated by a victim's race, sexual orientation, gender identity, actual or perceived gender, or disability (Weiner, 2010). As we can see, hate crimes are felonies but they are still committed every day, and sociologists continue to study what drives...
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...Associate Level Material Appendix E Strategies for Gathering and Evaluating Sources |Source |What makes the source credible or what does not make it |Explain in at least two to four | | |credible? Consider the following when addressing the |sentences what information you can | | |source: |gather from this source? | | | | | | |What is the author’s affiliation to any organization | | | |related to the subject of the article? Does he or she have| | | |an ulterior motive? | | | | | | | |What is the author’s experience with the subject, | | | |including academic or professional credentials related to | | | |the subject of the source...
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...and resort to violence to enforce their way of thinking hate crimes happen. Hate crimes have been around for centuries and come in many different forms such as Racial, Religious, and Sexual orientation. Congress defines hate crimes as a “criminal offense against a person or property motivated in whole or in part by an offender’s bias against a race, religion, disability, ethnic origin, or sexual orientation”(FBI.gov). The Hate Crime Statistics act was passed by congress in 1990 and required the Attorney General to collect data “about crimes that manifest evidence of prejudice based on race, sexual orientation, or ethnicity.” In 2012 the Federal Bureau of Investigations reported 5,796 hate crime incidents in the United States involving 6,718 offenses. Throughout time the punishments for hate crimes have varied and have become harsher. The punishment for hate crimes is harsher then for crimes that are not motivated by any type of bias. Most crimes are directed at an individual for no other reason then personal gain, hate crimes are directed at an entire population segment. When a crime is proven to be motivated by hate, the punishment automatically increases in severity. In order for a hate crime to receive additional punishment, the state in which the crime was committed must have rules against that specific crime. 18 U.S. Code § 249 – Hate Crime Acts, which sets forth the minimum punishments for specified hate crimes was enacted in January of 2012. The most common form...
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...Hate Crimes Hate crimes have become a major concern among lawmakers in all nations and at all levels of government. The main concern is that hate crimes are nothing new. Some examples from the past are the Roman persecution of Christians and the Nazi solution for the Jews. More recently we have experienced the ethnic cleansing in Bosnia and genocide in Rwanda. Racial and religious bias seems to be the inspiration for most hate crimes in the United States. Even as the United States was being settled in the 16th and 17th centuries, the Native Americans were the victims of intimidation and violence. During the last two hundred years, examples in the United States include lynching of African Americans, cross burnings to dive black families out of white neighborhoods, assaults on gay and lesbian people, and painting swastikas on Jewish synagogues. In the United States, over 8, 000 hate crimes were reported in 1995. Over one third were against African Americans, while the others were motivated by biases anti white, anti Jewish, anti gay, and anti Hispanic. Nearly 7 years ago a former Ku Klux Klansman, Thomas E. Blanton Jr. was convicted for blowing up a church in Birmingham and killing four young black girls in 1963. Also in 1963, Alabama Governor George C. Wallace ordered National Guard Troops to block black students from entering public schools. Birmingham safety commissioner Eugene “Bull” Conner turned German shepards and fire hoses on peaceful demonstrators...
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...Contemporary Hate Crimes, Law Enforcement, and the Legacy of Racial Violence Ryan D. King University at Albany-SUNY Robert D. Baller University of Iowa This article investigates the association between past lynchings (1882 to 1930) and contemporary law enforcement responses to hate crimes in the United States. While prior research indicates a positive correlation between past levels of lynching and current social control practices against minority groups, we posit an inverse relationship for facets of social control that are protective of minorities. Specifically, we hypothesize that contemporary hate crime policing and prosecution will be less vigorous where lynching was more prevalent prior to 1930. Analyses show that levels of past lynching are associated with three outcome variables germane to hate crime policing and prosecution, but the effect of lynching is partly contingent on the presence of a minority group threat. That is, past lynching combined with a sizeable black population largely suppresses (1) police compliance with federal hate crime law, (2) police reports of hate crimes that target blacks, and in some analyses (3) the likelihood of prosecuting a hate crime case. Our findings have implications for research on law and intergroup conflict, historical continuity in the exercise of state social control, and theories that emphasize minority group threat. Steven F. Messner University at Albany-SUNY onflict theories of crime and criminal law posit that the state...
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...AND CONFLICT, 2nd ed., (Academic Press, expected 2008). Hate Crimes Jack Levin and Jack McDevitt Northeastern University I. Legal Distinctions II. Hate Crimes and Prejudice III. Why Treat Hate Crimes Differently? IV. Problems in Collecting Hate Crime Data V. Types of Hate Crimes VI. Organized Hate Groups VII. VIII. Are Hate Crimes on the Rise? Responses to Hate crimes IX. Conclusion GLOSSARY Defensive Hate Crimes Hate offenses aimed against particular “outsiders” who are regarded as posing a challenge to a perpetrator’s neighborhood, workplace, school, or physical wellbeing. Ethno-violence Acts of hate that do not necessarily rise to the legal standard of a crime, but contain an element of prejudice. Hate Crimes (also known as Bias Crimes) Criminal offenses motivated either entirely or in part by the fact or perception that a victim is different from the perpetrator. Mission Hate Crimes Hate offenses committed as an act of “war” against any and all members of a particular group of people. Modern Racism victim. Prejudice A negative attitude toward individuals based on their perceived group Subtle and institutionalized forms of bigotry based on the race of the membership. Retaliatory Hate Crimes terrorism. Thrill Hate Crimes Hate offenses typically committed by youngsters who are motivated by Hate offenses designed to get even for hate crimes or acts of the desire for excitement. HATE CRIMES are criminal offenses motivated either entirely or in part by...
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... This essay will be exploring hate groups that exist in America, and some of the victims that have been a target from these groups. Hate groups commit violent crimes against people because of their demographics or the organizations that they represent. A hate crime is a violent criminal act that is not justified; it is committed to inflict pain and suffering. While hate groups exist in America, the crimes that are committed are not acceptable, and could be solved with communication. “We hate some persons because we do not know them, and we will not know them because we hate them”-Charles Caleb Colston Hate Groups in America Hate Groups have been increasing in America, and they are surged by a feeling of hate toward another group because of their race, national religion, sexual orientation, status and anything that one will find to hate another. “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances” http://www.law.cornell.edu/constitution/first_amendment. Americans have freedoms to form groups that they want to and if it violates the law it will be looked into, and although the crimes that these groups commit against others is wrong, the hate groups that have formed are not illegal, and are growing in numbers. The SPLC extremist...
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...HATE CRIME A hate crime is defined as any wrongdoing committed against a specific group of people. A type of prejudice, hate crimes are directed at a group of individuals because of their religion, ethnicity, age, gender, sexual orientation, or any other significant characteristic. Here are some basic facts on hate crimes: * Hate crimes have been occurring since ancient civilization, like the persecution of Christians in the Roman Empire. * 6,222 hate crime incidents involving 7,254 offenses were reported in 2011 alone. * Every hour in the United States, a hate crime is committed against another individual or group. * Half of all the hate crimes in the nation are committed by people between the ages of 15 and 24. * At least eight African Americans, three white people, three gay people, three Jewish people, and one Latino person are victim to hate crimes every day. Hate crimes have been occurring in the US since it was founded, festering in groups like the Klu Klux Klan. The term ‘hate crime’ did not enter the nation’s vocabulary until the early 1980’s—around the time when groups like the Skinheads launched a wave of bias-related crime. The FBI began investigating these hate crimes as early as World War I, when the Klu Klux Klan was at its height, marching in Washington DC and murdering both white and black people with impunity. However, hate crime legislation was not introduced in the House or Senate until the 1980s. In 1990, the Hate Crimes Statistics...
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...HATE CRIMES SHEMEKA COLLINS HATE CRIMES Hate crimes are not a new concept for society, because hate crimes have always been around. While the study of hate crimes and the laws that have been passed because of hate crimes is relatively new, hate crimes have always been around. Hate crimes were committed as far back as the 1800's and even back to The Civil War. Hate crimes are prevalent in society today just like they were in the past; because whether the crimes are aimed towards Muslims, the gay community, or any other minority group; they are fueled by something that every person has come into contact with- prejudice. Prejudice is defined as a preconceived thought or opinion about someone. While prejudice can be positive, in the concept of hate crimes they are negative feelings, thoughts, or opinions that are aimed towards a certain religious, ethnic, race, or even sexual orientation group. The typical definition of hate crime is that a crime has been committed by a majority member against a minority member simply because the victim was a minority. However, as of recent the definition has been expanded to allow for any crime committed by bias towards the victim's social group such as anti-gay or anti-lesbian. Hate crimes are an extreme, potential effect due to prejudice and discrimination towards someone based on ethnicity, religion, or sexual orientation....
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...Declaration of Independence states that “all men are created equal.” The term “Hate Crime” defined by Public Law #103-322A, a 1994 federal law, defines a hate crime as: “a crime in which the defendant intentionally selects a victim, or in the case of a property crime, the property that is the object of the crime, because of actual or perceived race, color, religion, national origin, ethnicity, gender, disability, or sexual orientation of any person.” Although this is the federal definition, each state has their own legal hate crime statues, which states what constitutes and is punishable as a hate crime in that state. Some states do not recognize hate crimes at all, yet, as it clearly states in the countries founding documents the people of this country are “one nation” and “all men are created equal.” The number of hate crimes being committed is growing in numbers. What is considered a “hate crime” today is no longer restricted to the issue of black and white, but the national standard for these crimes remains unclear. Some individuals feel that hate crime legislation or Hate Crime Laws are not only unconstitutional, but redundant and unnecessary. The writer of “Hate Crime Laws Are Unnecessary” argues that “hate crime laws, whether at the state or federal level, are not necessary” ("Hate Crime Laws Are Unnecessary"). The writer further argues that passing such laws will not prevent crimes motivated by...
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...RECENT TREND OF CYBER CRIME IN BANGLADESH : LAWS AND PRACTICES GOLAM RABBANI Student of LLM Roll 10119032 Department of Law Rajshahi University BANGLADESH E-mail: g.rabbani.law@gmail.com Recent Trend Of Cyber Crime In Bangladesh : Laws & Practices INTRODUCTION The development in information technology and electronic media especially from 1980`s onwards have given raised to a new variety of computer related crimes which are commonly called cyber-crime. The cyber-crime may be done by using computer only, but this crime may be done very easily by using internet. Cyber crime or computer crime refers to any crime that involves a computer and a networks. Some authorities feel that the term cyber-crime is misnomer as this term is nowhere defined in any statutes or act enacted by the Parliament. In a sense is radically different from the concept of conventional crime in so far as both include conduct whether act or omission which causes breach of law and therefore, it is punishable by the state. It is not surely said that, from when the cybercrime was started but in 1999 at Tywan a virus was attracted named CIH, made the topic of cyber-crime familiar to the whole world. In the present time people become more dependent on computer and internet, as result, we can’t not think our daily activities without this technological help. For this reason, some self-gainer people chose this technological way to make any crime easily. For committing...
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...Need of Cyber Crime Law In India Abstract A Cyber space is a virtual space that has become as important as real space for business, education and politics. The growing danger from crimes committed against computers, or against information on computers, is beginning to claim attention in the India. The digital age has dramatically changed the scope of a crime by adding the electronic component and it comes a new form of science ≴Computer Forensic Science≵. Computer Forensic allows for the evidence of cyber crime to be admissible in court when prosecuting the cyber criminal. In most countries, existing laws are likely to be unenforceable against such crime. Cyber laws, as it stand today, gives rise to both positive & negative consequences. The main negative consequences is the digital soup so vague that many refer to it as the dark sides of technology and that cyber criminal currently have upper hand. The applicability and effectiveness of our existing laws need to be constantly reviewed to face the risk coming from the cyber world. In this paper we are going to firstly describe the computer forensic, cyber crimes, cyber laws of nation & technology challenges. Aim of this paper is to act as a catalyst to raise awareness regarding computer forensic which continues to grow as one of the most important branch of science and help in investigation of cyber crime which continues to grow as one of the most potent threats to the Internet and computer users of the cyber society of...
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