CAPSTONE CASE PEOPLE V. RICE 3
In this case, the court needed to decide on whether the defendantwas guilty of theft and computer crime charges. It was factual fromthe case that the defendant had used the Colorado state CUBline,which is a computer network system, to unlawfully claim unemploymentbenefits. For over five months, the claimant had lied to the systemthat he had not been working. As a consequence, he receivedunemployment benefits unlawfully. The matter that court was meant todecide was whether the defendant was guilty of theft and computercrime. The court was also meant to decide whether the interactivetelephone network the defendant used qualifies as a computer networkor system (Schmalleger et al., 2010). The court had to decide on thesufficiency of the evidence to warrant the charge for computer crime.The jury had to determine the meaning and application of the termcomputer access, which the defendant was accused.
The court held that the defendant was guilty of computer crime.However, the court did not charge the defendant of any theft crime.The rationale behind the ruling was that the telephone network thatthe defendant interacted with, qualified as a computer network.Therefore, the false responses that the defendant fed the systemamounted to a computer crime. From the view of an ordinary person, itis evident that making selections using a telephone does not qualifyas a accessing a computer network or a system (Vacca, 2012). Thevantage point of a contemporary person is that an access to acomputer system or network must involve the physical interaction witha computer.
Besides the crime that the defendant was charged with, it is alsoclear from the case that the defendant was guilty of false swearing.However, it is imperative to point that this is a minor or a lessercrime before the jury.
Schmalleger, F., Hall, D. E. & Dolatowski, J. J. (2010). Criminallaw today (4th ed.). Upper Saddle River, NJ: Pearson Learning.
Vacca, J. R. (2012). Computer forensics: Computer crime sceneinvestigation. Hingham, Mass: Charles River Media.