The JUDGES
belalady
I do not know about you, but I would like to talk about a subject that
is rarely discussed openly. Indeed in many peoples' innermost
feelings (especially for all types of victims), there is often a
feeling that judges and magistrates do a bad job and apply too lenient
sentences. People say that this may be due to the fact that they are
not directly concerned by criminal s' actions, because they crimes
have not been committed against the judge's friends or family.
Judges are often criticized because all crimes are not treated the same
way and because of differences in sentencing that we (the public) do
not always understand. For example, there is one type of crime, among
others, which I find very serious in its intention to do much aimless,
indiscriminate harm (this has many similarities with terrorist attacks)
and with very serious results. It goes unnoticed in sentencing, in my
opinion, because it is very lightly punished. Consider for example what
happens when the authors of computer viruses are caught and tried. This
will be an increasing danger if nothing is changed.
The people who write viruses are trying to paralyze millions of
computers, and may even create victims in hospitals, public
transportation, etc. For example, consider the young person who was
caught near Indonesia, I believe, who had written the 'I love you'
virus. I would like to know if he was condemned (he or his family, if
this evil genius is a minor). I would also like to know about another
person was caught recently who had created a very dangerous virus (in
Germany, sacer I believe).
But these criminals did not especially target the influential families
in power or their customers, and I believe that may be why they were
spared. Their victims are always in different countries than where they
are tried. Not only do they escape a harsh sentence, but it is well
known that because of their crimes they can more easily find work, and
unscrupulous managers hire them discretely, as they have proved their
computer expertise.
This is a shortcoming of the universal social morality, to see such
people given priority for well-paying, socially respectable jobs and
thereby jumping ahead of others in the unemployment queues.
We must not believe these generally accepted ideas. It is considered
good form to incessantly and constantly criticize politicians: this is
the latest fashion. Yet politicians do not play golf all day long, as
some say or believe, no go hunting or twiddle their thumbs. As a matter
of fact, some of them do not even know how to play golf.
For generations, politicians have followed one another, and elected
officials have written (and written us off through) enormous numbers of
laws (that are often well done) to punish and crack down on crimes and
possible offences. These laws call for varying the sentencing within a
given range, according to the circumstances. But these 'ranges' are, in
my opinion, too broad in their lower sections, and do not appear to be
very solid or constant. The public feels the same way, I believe. There
are other examples where judges assign light sentences to what are in
my view very serious crimes. One has the impression that only directly
committed murder is punished, following long trials, and not always
even then.
Our society does not like to see bloodshed. I do not know if
politicians are more to blame than magistrates, but no one ever seems
to question the atter. Perhaps we should create a law against the caste
of judges, who in principle have a dominant position in which they
provide social protection to others. These judges have received long,
expensive training paid by society's educational system -- by the
taxpayers -- who they do not effectively protect.
But with this line of reasoning, after all, don't you think that
perhaps I am mistaken, perhaps I have forgotten some key parameters.
Perhaps the truth is that we have entered a world (or a civilization)
where lawyers have more power than judges and laws.
I must humbly say that I (like many others) do not know the answer to
this question. To answer to this question, the door remains open to all
the debates..
belalady
http://www.vnunet.com/vnunet/news/2139536/sasser-author-walks-free
(the text is below, in case the link is remove)
Sasser author walks free
Suspended sentence for German teen behind 'biggest viruses in the
history of the internet'
Iain Thomson, vnunet.com 08 Jul 2005
ADVERTISEMENT
Virus writer Sven Jaschan has been found guilty of computer sabotage
and illegally altering data after releasing the Sasser worm in May
2004.
The court in Verden, in the north west of Germany, gave the teenager a
suspended sentence of one year and nine months.
Jaschan was caught following a tip-off to police after Microsoft
offered a $250,000 reward for information leading to the conviction of
the worm's creator.
"Sven Jaschan avoided a jail sentence by the skin of his teeth because
he was arrested within days of his 18th birthday. He was lucky that the
police caught him when they did," said Graham Cluley, senior technology
consultant at Sophos.
"Nevertheless, his name will always be associated with some of the
biggest viruses in the history of the internet."
Cluley added that a Sophos survey of almost 1,000 people last month
found that 66 per cent believed that a jail sentence is the most
appropriate punishment for writing a virus.
Jaschan has told officials that his original intention was to create a
virus that would combat the Mydoom and Bagle viruses and remove them
from infected computers. This led him to develop the Netsky virus
further, and to modify it to create Sasser.
The worm was released in May 2004 and spread round the world with
unprecedented speed, accounting for 70 per cent of all infections
during the first half of 2004.
Here you have the efficiency of JUSTICE.
Too bad, if thousands of home's computers or the computers of
traffic's towers in airports or in the hospitals are destroyed. Sure,
he will find now a very good job, well paid. And for his family or
friends, he will stand perhaps like a sort of 'model of Hero', much
more bigger than the best soldiers died
The same about bosses, who go away with the money of shareholders. We
call this 'Golden parachutes', and they are never guilty also. The
justice is not for the upper class.
After some ask why there are revolutions sometimes....
Neal Donohue
I have the answer to one of my questions about viruses's makers.
http://www.vnunet.com/vnunet/news/2139536/sasser-author-walks-free
(the text is below, in case the link is remove)
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