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===
* [[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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* [[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]]
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===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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* [[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