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Mgmt 330 Mid Term Study Guide

Satisfactory Essays

• Constitutional Speech (Personal and Corporate) * (personal); afforded highest protection by the Courts. Balance must be struck between a government’s obligation to protect its citizens versus a citizen’s right to speech. In other words, if government suppresses speech it must be to protect the citizens. EX. Don’t yell fire in a crowded area. See below. * If restriction is content neutral, restrictions must target some societal problem – not to primarily suppress the message. (Corporate); -Political speech by corporations is protected by the First Amendment. -In Citizens United v. Federal Election Commission (2010) the Supreme Court ruled that corporations can spend freely to support or oppose candidates for …show more content…

So if evidence obtained in violation of due process is brought, then any evidence that comes from the initial evidence is not admissible either. * • Cyber Crimes: Any act directed against computers or that uses computers as an instrumentality of a crime. * -Cyber Fraud: fraud committed over the internet (e.g., Nigerian letter scam). * Online Auction Fraud. Cyber Theft: -Identity Theft. -Phishing. -vishing. -Employment Fraud. -Credit-Card Crime on the Web * Prosecution of Cyber Crime. * “Location” of crime is an issue. * Jurisdiction of courts is an issue. * Computer Fraud and Abuse Act. * Person is liable if he accesses a computer online, without authority, to obtain classified, private, or protected information. * • Criminal Penalties; To be convicted of a crime, a person must: -Commit a guilty act (actus reus). -Have the guilty mind (mens rea) during commission of the guilty act. * State of Mind. -Required intent (or mental state) is indicated in the applicable statute or law. -Criminal Negligence or Recklessness (unjustified, substantial and foreseeable risk that results in harm). -Violent Crime. * Murder, sexual assault, rape, robbery. -Property Crime. * Burglary, larceny, theft of trade secrets, theft of services, arson, receipt of stolen goods, forgery. • Criminal

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