[FedCom] IMPORTANT BAD NEWS - Homeland Security bill
includes HR3482
ed
[email protected]
Fri, 15 Nov 2002 19:14:48 -0500
...and if you don't believe federal prosecutors don't *very* creatively
interpret federal statutes (and facts) to win cases, then you'll probably
also believe all of these statutes are for your own good.
-ed
At 03:36 PM 11/15/02 -0800, you wrote:
>Everyone seems to agree about the harshness of the potential sentences, but
>there is some possible mitigation up at the top, in Section 101 (b) (2)
>
>< I've snipped some stuff here...>:
>
>(b) REQUIREMENTS- In carrying out this section, the Sentencing Commission
>shall--
>
> (2) consider the following factors and the extent to which the guidelines
>may or may not account for them--
>
> (A) the potential and actual loss resulting from the offense; yadda
>yadda
>
> (C) whether the offense was committed for purposes of commercial
>advantage or private financial benefit;
>
> (D) whether the defendant acted with malicious intent to cause
> harm in
>committing the offense;
>
> (G) whether the violation was intended to or had the effect of
>significantly interfering with or disrupting a critical infrastructure; and
>
> (H) whether the violation was intended to or had the effect of
> creating
>a threat to public health or safety, or injury to any person;
>
>etc etc Still a chillingly dreadful way to run a "free" country.
>
>Harry
>
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