The Defense of a Computer Crime Case: Difference between revisions

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* [[Data; intellectual property]]
* [[Data; intellectual property]]
* [[Financial instrument]]
* [[Financial instrument]]
* [[Intent—knowledge]]
* [[Intent—Knowledge]]
* [[Intent—Purpose]]
* [[Intent—Purpose]]
* [[Intent—Malice]]
* [[Intent—Malice]]
* [[Intent—Authorization]]
* [[Intent—Authorization]]
* [[Recklessness]]
* [[Recklessness]]
===Federal Laws===
===Federal Laws===
* [[In general]]
* [[Federal Laws in general]]
* [[Activities involving access devices and equipment]]
* [[Activities involving access devices and equipment]]
* [[Communications Decency Act]]
* [[Communications Decency Act]]
* [[Child pornography legislation]]
* [[Federal Child pornography legislation]]
* [[The Copyright Act]]
* [[The Copyright Act]]
* [[National Stolen Property Act]]
* [[National Stolen Property Act]]
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* [[Computer Fraud and Abuse Act]]
* [[Computer Fraud and Abuse Act]]
* [[Miscellaneous federal laws]]
* [[Miscellaneous federal laws]]
===State Laws===
===State Laws===
* [[In general]]
* [[State Laws in general]]
* [[Illegal gains]]
* [[Illegal gains]]
* [[Physical taking offenses]]
* [[Physical taking offenses]]
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* [[Facilitating crime]]
* [[Facilitating crime]]
* [[Computer pornography]]
* [[Computer pornography]]
* [[Child pornography legislation]]
* [[State Child pornography legislation]]
* [[Child protection legislation; solicitation and importuning]]
* [[State Child protection legislation; solicitation and importuning]]
* [[Trade secret statutes]]
* [[Trade secret statutes]]
* [[Spam]]
* [[Spam]]
* [[Miscellaneous laws]]
* [[Miscellaneous laws]]
===Punishments and Penalties===
===Punishments and Penalties===
* [[In general]]
* [[Punishments and Penalties in general]]
* [[Determining factors]]
* [[Determining factors]]
* [[Civil remedies]]
* [[Civil remedies]]
===Auxiliary Provisions===
===Auxiliary Provisions===
* [[Admission of evidence]]
* [[Admission of evidence]]
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* [[Illustrative form—Order for release on own recognizance]]
* [[Illustrative form—Order for release on own recognizance]]
==Client Interview and Planning; Evaluating the Case==
==Client Interview and Planning; Evaluating the Case==
* [[In general]]
* [[Client Interview and Planning; Evaluating the Case in general]]
* [[Dealing with difficult technical information]]
* [[Dealing with difficult technical information]]
* [[Tape recording initial client interview]]
* [[Tape recording initial client interview]]
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* [[Client interview checklist]]
* [[Client interview checklist]]
* [[Obtaining information about alleged codefendants; checklist]]
* [[Obtaining information about alleged codefendants; checklist]]
==Fees and Costs==
==Fees and Costs==
* [[In general]]
* [[Fees and Costs in general]]
* [[Determining client's ability to pay fee]]
* [[Determining client's ability to pay fee]]
* [[Factors affecting amount of fee]]
* [[Factors affecting amount of fee]]
* [[Informing client of special costs]]
* [[Informing client of special costs]]
* [[Collecting or securing payment of fee]]
* [[Collecting or securing payment of fee]]
==The Accusatory Proceeding==
==The Accusatory Proceeding==
===Proceedings Before Grand Jury===
===Proceedings Before Grand Jury===
* [[In general]]
* [[Proceedings Before Grand Jury in general]]
* [[Appearance of defendant before the grand jury]]
* [[Appearance of defendant before the grand jury]]
* [[Evidence presented to the grand jury]]
* [[Evidence presented to the grand jury]]
* [[Separate trial]]
* [[Separate trial]]
===Proceedings by Way of Preliminary Hearing===
===Proceedings by Way of Preliminary Hearing===
* [[In general]]
* [[Proceedings by Way of Preliminary Hearing in general]]
* [[Exclusion of witnesses and the press during testimony]]
* [[Exclusion of witnesses and the press during testimony]]
* [[Prosecution's need to prove elements of crime]]
* [[Prosecution's need to prove elements of crime]]
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* [[Defense motion to dismiss charges]]
* [[Defense motion to dismiss charges]]
* [[Motion to reduce charge]]
* [[Motion to reduce charge]]
===Arraignment; Pleas; Continuance of Case===
===Arraignment; Pleas; Continuance of Case===
* [[In general]]
* [[Arraignment; Pleas; Continuance of Case in general]]
* [[Demurrer to complaint; pleas]]
* [[Demurrer to complaint; pleas]]
* [[Waiver or assertion of right to speedy trial]]
* [[Waiver or assertion of right to speedy trial]]
==Investigating the Case==
==Investigating the Case==
===Preliminary Matters===
===Preliminary Matters===
* [[In general]]
* [[Preliminary Matters in general]]
* [[Use of discovery]]
* [[Use of discovery]]
* [[Use of private investigators]]
* [[Use of private investigators]]
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* [[Use of independent laboratory tests]]
* [[Use of independent laboratory tests]]
* [[Application of forensics to computers]]
* [[Application of forensics to computers]]
===Locating and Interviewing Witnesses===
===Locating and Interviewing Witnesses===
* [[In general; locating witnesses]]
* [[In general; locating witnesses]]
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* [[Law enforcement witnesses]]
* [[Law enforcement witnesses]]
===Examining Police Reports, Records, and Photographs===
===Examining Police Reports, Records, and Photographs===
* [[In general]]
* [[Examining Police Reports, Records, and Photographs in general]]
* [[Police reports of the computer crime]]
* [[Police reports of the computer crime]]
* [[Fingerprints and handwriting]]
* [[Fingerprints and handwriting]]
===Investigating the Scene of Crime===
===Investigating the Scene of Crime===
* [[In general]]
* [[Investigating the Scene of Crime in general]]
* [[Reconstructing the crime]]
* [[Reconstructing the crime]]
* [[Use of photographs and motion pictures]]
* [[Use of photographs and motion pictures]]
==Discovery==
==Discovery==
* [[In general]]
* [[Discovery in general]]
* [[Subjects of discovery; checklist]]
* [[Subjects of discovery; checklist]]
* [[Defense discovery options]]
* [[Defense discovery options]]
==Bargaining to Reduce the Charge==
==Bargaining to Reduce the Charge==
* [[In general; obtaining lesser charge]]
* [[In general; obtaining lesser charge]]
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==Preparing for Trial==
==Preparing for Trial==
===Determining Defenses===
===Determining Defenses===
* [[In general]]
* [[Determining Defenses in general]]
* [[Notice of defenses]]
* [[Notice of defenses]]
* [[Identity]]
* [[Identity]]
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* [[Impossibility]]
* [[Impossibility]]
* [[Insanity]]
* [[Insanity]]
===Pretrial Motions===
===Pretrial Motions===
* [[Motion to dismiss charge]]
* [[Motion to dismiss charge]]
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==Trial==
==Trial==
===Preliminary Tactics===
===Preliminary Tactics===
* [[In general]]
* [[Preliminary Tactics in general]]
* [[Seating arrangement in courtroom]]
* [[Seating arrangement in courtroom]]
* [[Introductory remarks to veniremen]]
* [[Introductory remarks to veniremen]]
===Selecting the Jury===
===Selecting the Jury===
* [[In general]]
* [[Selecting the Jury in general]]
* [[Observing jury reaction to questioning by prosecutor]]
* [[Observing jury reaction to questioning by prosecutor]]
* [[Avoiding generalization based on appearance]]
* [[Avoiding generalization based on appearance]]
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* [[Presence and effect of pretrial publicity]]
* [[Presence and effect of pretrial publicity]]
* [[Voir-dire questions checklist]]
* [[Voir-dire questions checklist]]
===Motions During Trial===
===Motions During Trial===
* [[Motion to furnish daily transcript]]
* [[Motion to furnish daily transcript]]
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* [[Other motions]]
* [[Other motions]]
===Opening Statements===
===Opening Statements===
* [[In general]]
* [[Opening Statements in general]]
* [[Opening statement for prosecution]]
* [[Opening statement for prosecution]]
* [[Opening statement for defense]]
* [[Opening statement for defense]]
===The Case for the Prosecution===
===The Case for the Prosecution===
* [[In general; burden of proof]]
* [[In general; burden of proof]]
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* [[Proving invasion of privacy]]
* [[Proving invasion of privacy]]
* [[Using electronically obtained evidence]]
* [[Using electronically obtained evidence]]
* [[Cross-examination of prosecution witnesses]]
* [[Cross-examination of prosecution witnesses for the Prosecution]]
* [[Witnesses testifying as to documents]]
* [[Witnesses testifying as to documents]]
* [[Law enforcement witnesses]]
* [[Law enforcement witnesses for the Prosecution]]
* [[Accountant witnesses]]
* [[Accountant witnesses]]
* [[Impeaching witnesses granted immunity; minors]]
* [[Impeaching witnesses granted immunity; minors]]
* [[Discrediting expert witnesses]]
* [[Discrediting expert witnesses]]
* [[Discrediting expert witnesses—Illustrative cross-examination of systems analyst]]
* [[Discrediting expert witnesses—Illustrative cross-examination of systems analyst]]
===Presenting the Defense===
===Presenting the Defense===
* [[In general; timing the appearance of defense witnesses]]
* [[In general; timing the appearance of defense witnesses]]
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* [[Experts]]
* [[Experts]]
===Defense Summation===
===Defense Summation===
* [[In general]]
* [[Defense Summation in general]]
* [[Illustrative summation]]
* [[Illustrative summation]]
===Jury Instructions===
===Jury Instructions===
* [[Drafting instructions to jury—key terms]]
* [[Drafting instructions to jury—key terms]]
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* [[Drafting instructions to jury—Taking, transferring, concealing, or retaining]]
* [[Drafting instructions to jury—Taking, transferring, concealing, or retaining]]
==Proceedings After Trial==
==Proceedings After Trial==
* [[In general]]
* [[Proceedings After Trial in general]]
* [[Conferring with probation officer]]
* [[Conferring with probation officer]]
* [[Sentencing hearing—illustrative argument and response]]
* [[Sentencing hearing—illustrative argument and response]]
* [[Return of exhibits]]
* [[Return of exhibits]]
* [[Civil consequences of plea or finding of guilt]]
* [[Civil consequences of plea or finding of guilt]]

Latest revision as of 20:29, 22 February 2009

Introduction

Scope, Purpose, Procedure

Definitions and Elements

Federal Laws

State Laws

Punishments and Penalties

Auxiliary Provisions

Preliminary Considerations and Procedures

Client Interview and Planning; Evaluating the Case

Fees and Costs

The Accusatory Proceeding

Proceedings Before Grand Jury

Proceedings by Way of Preliminary Hearing

Arraignment; Pleas; Continuance of Case

Investigating the Case

Preliminary Matters

Locating and Interviewing Witnesses

Examining Police Reports, Records, and Photographs

Investigating the Scene of Crime

Discovery

Bargaining to Reduce the Charge

Preparing for Trial

Determining Defenses

Pretrial Motions

Trial Brief and Witnesses

Trial

Preliminary Tactics

Selecting the Jury

Motions During Trial

Opening Statements

The Case for the Prosecution

Presenting the Defense

Defense Summation

Jury Instructions

Proceedings After Trial