Supreme Court puts hacker sentences up for grabs
A landmark U.S. Supreme Court decision last month giving judges more leeway in deciding federal prison terms could be good news for computer intruders who don't fit the classic criminal mold, legal experts say.
In U.S. v. Booker, decided January 12th, the court ruled 5-4 to overturn part of a 1984 law that required judges to sentence offenders strictly by a book of written guidelines produced and periodically revised by a seven-member, presidential appointed commission.
Originally intended to eliminate unfair disparity in sentencing, the guidelines are built on an elaborate point system that sets a baseline value for each category of crime, and then adds or subtracts points for specific aggravating or mitigating circumstances. The more points, the higher the minimum and maximum sentences available to the judge.
