Reply to 5 of my classmates posts
In the law there are two types of intent, general intent and specific intent. General intent only requires that a defendant intended to commit the criminal act. Specific intent requires that a defendant committed a criminal act with an intended result. [1] Statutes vary from state to state and state to federal in terms of what is the intent requirement. Most states have general intent statutes for crimes such as assault, DUI and manslaughter. In manslaughter the prosecution must prove the defendant intended to commit a criminal act that caused the death.
Examples of specific intent crimes are first degree murder, kidnapping and aggravated assault .[2] In a First-degree murder case the prosecution must prove that the defendant intended to commit a criminal act and intended to cause the death.
Specific intent crimes are a heavier burden on the prosecution. It adds another layer of proof for the prosecution to satisfy. Some specific intent crimes are harder to prove than others. This often due to the prosecution using different rules of evidence to prove specific intent. For example in financial crimes it may be easier to prove specific intent because there is likely paper evidence. In first degree murder the evidence of intent to kill the person may not be a tangible item or something obvious. While common evidence can prove who committed an act it takes a lot more digging and analysis to prove specific intent.
[1] Roth, W. (1979). General vs. Specific Intent: A Time for Terminological Understanding in California. Pepp. L. Rev., 7, 67.
[2] LegalMatch.com ( November, 2019), https:://www.legalmatch.com/law-library/article/specific-and-general-intent-crimes.html
Post 2. By Amanda G. At least 150 words.
To begin, there are two types of intent, general intent and specific intent. As we have learned in past weeks, the difference between these two types of intent comes down to mens rea and actus reus. In order for intent to fall under the specific classification, both mens rea and actus reus must have been present. In other words, the individual committing the crime must want the crime to be done and actually have the means to do so [1]. Some examples of specific intent crimes include burglary, child molestation, conspiracy, false pretenses, forgery, embezzlement, solicitation, theft, robbery and murder [2]. Clearly for all of these crimes the person committing them knew what they were doing to carry out the act and then chose, with the intent to do so, to actually carry out the intended crime. In some cases, specific intent would not be hard to prove at all such as burglary, theft and robbery. Obviously if someone is taking something that is not theirs, especially if they are using force against another person then it would not be hard to prove their intent. However, some of the examples would be much harder to prove, like murder and embezzlement. When it pertains to embezzlement not only would you have to find where the evidence is, but you would have to show that they actually had knowledge that they did not know what they were doing was wrong. Then you have murder which you would have to be aware of the different defenses they might use such as self-defense or insanity. Once you can rule those out it will be easier to prove mens rea. For all of these crimes, intent could be very different in finding the evidence. For example, for murder, intent may include buying the weapon that was used to commit the crime in question. On the other end of the spectrum, with burglary there may be not weapon used at all but the intent could be smashing a window in order to gain access to what they are hoping to obtain. Regardless of the specific intent, it is up to the Prosecution to prove that the accused had the desire to commit the crime, not only planned to do so but then took the steps to carry out the crime.
[1] What are the Differences Between Specific and General Intent Crimes?, LegalMatch, (2019), https://www.legalmatch.com/law-library/article/specific-and-general-intent-crimes.html (last visited November 24, 2019).
Post 3. Amanda S. At least 150 words.
There are two types of intent that we learned about in lesson three of this course. First, there is basic intent. This means that the outcome of the act was not intended (death), but the act before the outcome was (assaulting someone). Second, we have specific intent. Specific intent is where an individual plans to do something with a certain outcome (burglary). Depending on the situation, some specific intent can be proven easily while other situations can be harder. For example, let’s talk about the assault. This might be a little hard to prove because no one knows if the individual planned it this, if they had a bad relationship, if they thought it was someone else, etc. One the other hand, intent could be very easy to prove such as a burglary. This shows that the individual wanted to deprive someone of their property. More specific intent examples are premeditated murder, larceny, conspiracy, etc (LaMance, 2019). There are different types of proof that might be used to establish intent. For the majority, it depends on the situation. If you planned to hurt an individual to the point of death your intent would clearly show. If you were drinking and driving and hit a pedestrian you may not have intended to hit them, but only get to where you were going. Usually, it is less common to see crimes without intent. If this is the case, they are normally misdemeanors or infractions (Schmitz, 2012).
References
LaMance, K. (2019, January 10). Specific and General Intent Crimes. Retrieved November 26, 2019, from https://www.legalmatch.com/law-library/article/specific-and-general-intent-crimes.html.
Schmitz, A. (2012). Criminal Law. Retrieved from https://saylordotorg.github.io/text_criminal-law/s08-02-criminal-intent.html.
Post 4. By Brendon. At least 100 words.
An IDS or Intrusion detection system is simply what the name implies, it monitors network traffic and looks for abnormalities. These abnormalities are then used as a form of evidence that it has detected an intrusion. An IPS or intrusion prevention system is similar to a firewall in that it blocks select network traffic, an IPS blocks based on the packet information and whether it is known to be a security threat. SolarWinds is a company that provides a company with both network based intrusion detection methods as well as preventative action. Some of the tasks that this software performs are: centralized log collection and normalization, automated threat detection and response, integrated compliance reporting tools, intuitive dashboard and user interface, built-in file integrity monitoring, simple and affordable licensing. The licensing for this software is “affordable” starting at $4,665. This is a license that requires regular renewal, which can get expensive. But this can also help save your company from intrusion, possibly saving you millions or hundreds of millions of dollars in expenses. An IDS/IPS can be very important to a forensic investigations. Knowing how to set up an IDS/IPS and use it consistently with the expected expectations can help provide security for a company. Recognizing false positives and learning about new attacks is vital for a forensics specialist to understand. There is a plethora of data that can be recovered from an IDS/IPS. While an IPS and IDS are designed to analyze entire packets, you are able to log the whole packet, the header, and the payload. The header can give you all of the source information you need, and the payload contains all of the actual data inside the packet. You can then use this information to help you block attacks in the future based on previous knowledge.
Post 5. By Donald. At least 50 words.
Intrusion Detection and Intrusion Prevention systems are two products that go hand in hand for increased network security. Intrusion Detection systems use packet analysis to scan a network for potential malicious attacks or violations of company policy. Intrusion Prevention Systems combat attacks discovered by the detection system to protect the network. One of the best examples of a combined detection and prevention system, is Symantec Endpoint Protection. This is a system developed by Symantec that is marketed as a catch all in terms of detection and prevention. This system is a full software suite that uses artificial intelligence to learn a given network over time and make decisions based on what it learns. This is fairly advanced, and a very useful feature because it allows the system to not only learn the network topology, but also the regular traffic on the network. Knowing the regular network traffic helps avoid false positives, or times when something is flagged as malicious but it really isn’t. Symantec Endpoint Protection is priced at $3.50 a month, or $39 a year. This is fairly cheap compared to some hardware alternatives and can be a great investment for any business to avoid potential future losses.
IDS and IPS are powerful tools for a forensic investigator to use to piece together the details of an attack. One of the best features many prevention and detection systems offer is network logging. The systems will log every packet that enters or leaves the network, which provides forensic investigators with a wealth of information. In an investigation, these logs would probably be one of the best places to start if it is completely unclear what happened.
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