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Computer advancements
Computer advancements
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The Kevin Mitnick case was a very interesting case from the late 1900’s. According to CNN, “Kevin David Mitnick -- the most wanted computer hacker in the world, the inspiration for two Hollywood movies and a cyberspace cult hero -- had been scheduled to stand trial April 20 in Los Angeles in one of the most celebrated computer-related cases in history” (Christensen, 1999). The big question in Mitnick’s case was does Mitnick really have a case? Or are his constitutional rights being violated?
Kevin Mitnick has led a life of crime since a very young age. At age 12, Mitnick figured out how to hack into and change the L.A. Bus System’s punch cards. While Mitnick was hacked into the L.A.’s bus system he reverse-engineered the system allowing him to cheat the bus system and ride for free (Brown). That wasn’t enough for the young Mitnick though. With the age of growing technology, computers started becoming more popular. At age 16 Mitnick started hanging out with a group of adolescences that were involved in tapping into different systems, rerouting numbers, and high tech phone pranks (Brown). One prank that Mitnick and his friends use to pull on a regular basis was hacking into the phone directory (411), and when people would call they would come up with a bogus or fake number to tell the callers. Although this was a “harmless” prank it was still illegal. “Mitnick continually worked on perfecting his hacking techniques. “Mitnick pioneered the art of "Social Engineering," a technique that involves using "...
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...NN: http://www.cnn.com/SPECIALS/1999/mitnick.background/
Computer Hacker Kevin Mitnick Sentenced to Prison. (1997, June 27). Retrieved from FAS: https://www.fas.org/irp/news/1997/cac70627_1.html
Kevin Mitnick. (n.d.). Retrieved from Takedown: http://www.takedown.com/bio/mitnick.html
Kevin Mitnick, Former Fugitive Hacker, Laments How The Game Has Changed. (2013, January 11). Retrieved from Huffington Post: http://www.huffingtonpost.com/2011/08/16/kevin-mitnick-hacker-book_n_928107.html
Sixth Amendment Court Cases. (2013). Retrieved from Revolutionary War and Beyond: http://www.revolutionary-war-and-beyond.com/sixth-amendment-court-cases-speedy-trial-clause.html
Supervised Release. (n.d.). Retrieved from MiMi Law: http://en.mimi.hu/law/supervised_release.html
U.S. Constitution. (n.d.). Retrieved from Cornell Law: http://www.law.cornell.edu/constitution/sixth_amendment
Debated as one of the most misrepresented cases in American legal history, Dr. Jeffrey MacDonald still fights for innocence. Contrary to infallible evidence, prosecution intentionally withheld crucial information aiding MacDonald’s alibi. Such ratification included proof of an outside attack that would have played a major role in Jeffrey’s case.
Ms. Dollree Mapp and her daughter lived in Cleveland, Ohio. After receiving information that an individual wanted in connection with a recent bombing was hiding in Mapp's house, the Cleveland police knocked on her door and demanded entrance. Mapp called her attorney and subsequently refused to let the police in when they failed to produce a search warrant. After several hours of surveillance and the arrival of more officers, the police again sought entrance to the house. Although Mapp did not allow them to enter, they gained access by forcibly opening at least one door. Once the police were inside the house, Mapp confronted them and demanded to see their warrant. One of the officers held up a piece of paper claiming it was a search warrant. Mapp grabbed the paper but an officer recovered it and handcuffed Mapp ?because she had been belligerent.? Dragging Mapp upstairs, officers proceeded to search not only her room, but also her daughter?s bedroom, the kitchen, dinette, living room, and basement.
The issue is whether there was a 4th Amendment and 6th Amendment violation in the search of the car and the subsequent confession.
Lynch vs. Clarke (1844) was the most important case before the passage of the Fourteenth amendment dealing with this matter. It involved the discussion of whether Julia Lynch was a citizen or not. The nature of this case meant that she must either have been born a natural born citizen because she was born to her parents, that although were aliens, on U.S. soil, or that she was not a citizen at all because her parents were aliens regardless of the place of her birth that she had never made any attempt to be naturalized. The court ruled in her favor. The ruling established that under the common law of England, Julia Lunch would be considered a natural born citizen of the U.S., the common law of England formed the basis
The U.S Constitution came up with exclusive amendments in order to promote rights for its citizens. One of them is the Fourth amendment. The Fourth Amendment highlights the right of people to be secure in their persons, houses, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searches, and persons or things to be seized (Worral, 2012). In other words such amendment gave significance to two legal concepts the prohibition of unreasonable searches and seizures and the obligation to provide probable cause to issue a warrant. This leads to the introduction of the landmark Supreme Court case Mapp v. Ohio and the connection to a fact pattern (similar case). Both cases will be analyzed showing the importance of facts and arguments regarding the exclusionary rule and the poisonous doctrine.
In this paper I’m going to discuss what is the 6th amendment right, the elements of ineffective counsel, how judges deem a person as ineffective counsel from an effective counsel, cases where defendants believed their counsel was ineffective and judges ruled them effective. I will also start by defining what is the 6th amendment right and stating the elements of an ineffective counsel. The 6th amendment is the accused shall enjoy the right to a speedy and public trial, by an impartial jury if the state and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause if the accusation; to be confronted with the witness against him; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defense (U.S. Constitution). There were two elements to ineffective assistance of counsel: a defendant must prove that his or her trial attorney/ lawyer performance fell below an objective standard of reasonableness and a reasonable probability that, but for counsel’s unprofessional errors the results of the proceeding would have been different (Strickland v. Washington, 466 U.S. 668 1984).
The case of Marbury v. Madison centers on a case brought before the Supreme Court by William Marbury. Shortly after Thomas Jefferson defeated John Adams in the election of 1800, Congress increased the number of circuit courts. Adams sought to fill these new vacancies with people who had Federalist backgrounds. To accomplish this, he used the powers granted under the Organic Act to issue appointments to 42 justices of the peace and 16 circuit court justices for the District of Columbia. Adams signed the appointments on his last day in office and they were subsequently sealed by Secretary of State John Marshall. However, many of the appointments were not delivered before Adams left office and Jefferson ordered the deliveries stopped when he took charge. Marbury was one of Adams’ appointees for justice of the peace. Marbury brought a case before the Supreme Court seeking a writ of mandamus compelling the new Secretary of State James Madison to deliver the appointment.
It is 1776, the United States had just declared it’s Independence from England and one of those reasons for departing was the requirement to house British soldiers at anytime. After the French and Indian War England felt the need to thousands of soldiers in the colonies and an colonial quartering act was passed in 1765.When the British required the quartering of soldiers in the colonies it had passed in England that quartering of soldiers was not required. This quartering act on the colonies along with overtaxing lead to the start of the Revolution.Once the Americans won the war and had need to draft a constitution for the newly formed country, the exclusion of this requirement had to be added to the Bills of Rights.
The “cruel and unusual” clause in the eighth amendment states that “cruel and unusual punishment” such as torture or lingering death can not be inflicted on anyone as a form of execution. It is however permissible under the 8th Amendment to execute a convict by means of hanging, shooting, electrocution, and lethal gas.
are expected to tell the truth, even if that truth was to put you in
The documentary discusses different types of hackers; teenagers hacking as a prank and professionals hacking to disrupt nuclear advancement in Iran. This is in some ways related to the macro-level theory of train theory concerning subcultures in gangs (Choi, Week 3). This theory was the differential opportunity theory, which described how gangs met their goals through legitimate or illegitimate means (Choi, Week 3). The teenage hackers would be classified more in the criminal gangs scoring range as they were able to meet their goal of pranking their victim through illegitimate means. In the case of the nuclear facility incident in Iran with stuxnet, these types of hackers could be viewed as violent gang members. While the methods used would traditionally be considered illegal, due to the fact that the virus seemed to be sanctioned by some country, the means may have been
7) Fotinger, Christian S, Ziegler, Wolfgang Understanding a hacker's mind – A psychological insight into the hijacking of identities. Retrieved November 16, 2008, from Safetybelt Web site: http://www.safetybelt.at/download/danubeuniversityhackersstudy.pdf
References to Beddoes’ hacks (Bisson) evoke resentment among readers; they see that black hat hackers gain more by participating in illicit activities than honest citizens do in a year of work, causing them to feel as if it is unfair to themselves because they are stealing from honest citizens like most readers would be. Also, in emphasizing the damages done by black hat hackers and the mysterious backgrounds they often seem to come from, fuel is added to the fire of an already negative connotation. As the other two articles mention, the common perception of hackers is that they are rebellious teenagers out to destroy the world regardless of the channel used. The background described in this article supports those theories when Beddoes speaks of his past as a teenager who started out with an innocent interest in hacking and then transitions into a rebellious malicious hacker after being rejected by the companies that he was trying to assist. Beddoes’ ethos also supports the goal of the article because he is a credible, well-established hacker in recent years. After almost pulling off a multimillion dollar heist, he is a respected yet accessible authority on the topic. Statistics to quantify the amount of data Beddoes stole in his hacking career provide the base to an argument supported by logos. Referring to those numbers also evokes strong emotions in accordance with the amount of people losing money and being victimized by hackers. Readers are inclined to feel sympathy towards the victims of the hackers, evoking an even greater amount of resentment towards the hackers. The content of Bisson’s article effectively supports a negative reaction to
Criminals develop along with technology. Once the Internet came out, people found ways to exploit it. For example, a man named John Draper was able to use a cereal box toy to access AT&T’s network. The pitch indicated to the phone company that a call was ready to be made and he was able to use their system for free. In another case Kevin Mitnick, wanted by the FBI for hacking, was able to access a computer learning system and change documents. This attack caused millions in damages and was done for personal motives. (James). “Cyberattacks have grown more...
Kevin David Mitnick is a computer hacker and an American Computer Security Consultant. He was bought up in Los Angeles in the late 1970’s, this was the time when the personal computer industry was exploding. He was from a lower middle class family with his parents divorced at a very young age and was mainly a loner and an underachiever. He learnt and discovered the power to control over the telephone networks.