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Story: Nasa hacker's fate hangs in balance

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Posted by: 1000081090 (Friday 16 February 2007, 7:02 PM)

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Explanation of American Lingo Needs to be Understood

In the US, it is common for the prosecution to use exagerated comments. The term "fry" is actually interpreted as, being subjected to the full extent of the law". At least this is how I as an American would understand such a comment. Penalties for certain crimes carry different penalties based on the severity of the crime, whether it is a state or federal crime, and whether the suspect has a prior criminal record.

The next thing to consider is that the prosecution in the US has to prove "beyond a reasonable doubt" that the suspect has committed the crime. Our criminal justice system is actually stacked against the prosecution. The prosecution has the burden of proof. In fact the defense can sit there and say absolutely nothing if the prosecution's case is week enough.

Next, there is no way he would get the death penalty in any state. In order to be sentenced to death you must have killed another person or contributed to the death of another person. Life sentences are only given out to habitual offenders or severe crimes. This guy is probably looking at 10 years max.

However, since the crimes were committed in two different states, he is subject to prosecution in each state which may mean 10 years per state for a total of 20 years. Then again, since the crime was committed against a government agency and across international borders he may also be prosecuted federally. This may mean yet another 10 years for a total of 30 years imprisonment.

Lastly, even though an offender gets a 30 year sentence, that does not mean that he would serve the full sentence. In the US we have a parole system that will typically let a person out of prison for good behavior in about a third of the time, which would mean that he would get out of prison in 10 years and would promptly be deported to a country of his choosing; completely paid for compliments of the US tax payer.

So you see, most of the defenses comments have no merit with the proper explanation.

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