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joether -> RE: Clueless attacks on student... (4/14/2015 3:57:53 AM)
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quote:
ORIGINAL: MercTech
joether - the law was written with draconian interpretations that never should have been there. The school administration decided to turn a harmless prank into a felony charge so far above and beyond punishment befitting the crime it was ludicrous.
The law was written to explain that such an action is not allowed and carries a penalty for breaking it. You can call it 'draconian' all you want. The point is, the kid and his mother knows he broke the law. And that there was a law that could be broken if he was caught. Well, he was caught 'red handed' and charged with the crime (which the school system is allowed to press charges).
The school administration did not prank the kid. The kid broken into the system, tampered with material without authorization, and tried to place a public person in a compromising situation. The kid did this sort of thing a few months earlier as was given a three day suspension. Evidently he didn't learn the lesson; so the penalty is increased. Kind of like with drunk driving as a teenager. The first action is serious; the second action makes the first look like a picnic! The reason for the stiff penalty is to discourage the behavior.
quote:
ORIGINAL: MercTech
The crime:
The Pasco County Sheriff's Office has charged Domanik Green, an eighth-grader at Paul R. Smith Middle School, with an offense against a computer system and unauthorized access, a felony. Sheriff Chris Nocco said Thursday that Green logged onto the school's network on March 31 using an administrative-level password without permission. He then changed the background image on a teacher's computer to one showing two men kissing.
Felony charges for changing wallpaper picture. Be realistic; prank not felony. The school administration demonstrates a level of incompetence at dealing with students as well as incompetence at password control on their computers.
As to juvenile convictions going away; kinda sorta maybe, but not really. Juvenile convictions won't show up on a routine check. But, as many have found to their dismay, they pop right up for background checks for a security clearance. And, not mentioning criminal convictions, even sealed juvenile records, will get you prosecuted for falsification of records in attempt to gain a security clearance.
You can try to change things however you want. The facts however remain the same. The kid broke the law and is now being charged. He knew months earlier that doing so could land him in to legal problems. But, as a teenager, felt he wouldn't be caught. That the issue was harmless. That its the school's fault for not making a password on the level of the NSA's security. Unfortunately for the kid, the law was broken and now he'll have to face the matter in court.
quote:
ORIGINAL: MercTech
The last time I looked; we don't prosecute people for what they might do but what they did do. The kid changed wallpaper on his teacher's computer. He didn't change grades. He didn't download a test bank. The most he is guilty of is being a passive aggressive twit. The kid didn't even hack the system. He logged in with the official admin password.
We do charge people with stuff they might do.....conspiracy, attempted murder, attempted manslaughter, attempted burglary, etc.....
The kid was not authorized to be on the computer. Would be the same if he broke into a teacher's office to steal some pencils and erasers. That too would be against the law! Your stating the kid's motivation was not evil or destruction. Prove it! The kid has a motive for the action, the means to accomplish it, and not much wisdom to consider the problems if he was caught. And he was caught! Its an 'open & shut' case for the prosecution here. Either the defense will 'plead down' on lesser charge(s), or be stupid.
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