"The problem with the law in question is that it gives a 20 year sentence regardless of the harm done."
No, it does not. It gives a range which the Judge is urged (not required) to consider as the appropriate guidelines for punishment. The Judge is free to depart from these guidelines. If a departure is given, it may require justification.
In short, the "problem" as you state it does not exist.
It is entirely possible, even likely these kids will get off with a very light sentence, or none at all (unlikely, but if they go to trial and win...).
Regardless, the law does not "give a 20 year sentence regardless of the harm done", it places that as the maximum suggested penalty available.
I think many people here have the same misconception as you do regarding the sentencing guidelines.
"Sentencing guidelines - which, by the way, are not mandatory"
Yes they are.
No, they are not. It has been ruled repeatedly that a judge may depart from sentencing guidelines, generally in favor of less severe punishment if the case warrants. They are not mandatory.
Maybe they're on that list because they've been arrested numerous (which is currently undefined) times? I think there really is a difference between one arrest and several.
Slashdot Mirror
No, it does not. It gives a range which the Judge is urged (not required) to consider as the appropriate guidelines for punishment. The Judge is free to depart from these guidelines. If a departure is given, it may require justification.
In short, the "problem" as you state it does not exist.
It is entirely possible, even likely these kids will get off with a very light sentence, or none at all (unlikely, but if they go to trial and win...).
Regardless, the law does not "give a 20 year sentence regardless of the harm done", it places that as the maximum suggested penalty available.
I think many people here have the same misconception as you do regarding the sentencing guidelines.
No, they are not. It has been ruled repeatedly that a judge may depart from sentencing guidelines, generally in favor of less severe punishment if the case warrants. They are not mandatory.
http://www.ussc.gov/departrpt03/departrpt03.pdf (warning PDF!)
But you left out that they could cause a Global Thermonuclear War.
http://yro.slashdot.org/article.pl?sid=05/06/27/1510219
"Cable Internet Service Not Common Carrier"
Maybe they're on that list because they've been arrested numerous (which is currently undefined) times? I think there really is a difference between one arrest and several.