Use a proxy? That’s a paddling!

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    • #3691
      Ketchup
      Participant

      A key vote Wednesday on new federal sentencing guidelines would classify the use of proxies as evidence of “sophistication,” increasing sentences by about 25 percent – which could mean years or even decades longer behind bars, depending on the crime. It’s akin to judges handing down stiffer sentences when a gun is used in a robbery.

      http://hosted.ap.org/dynamic/stories/T/TEC_PUNISHING_PROXIES?SITE=ILEDW&SECTION=HOME&TEMPLATE=DEFAULT

    • #23752
      timmedin
      Participant

      Interesting, I had no idea that “sophistication” was used as part of sentencing.

    • #23753
      Don Donzal
      Keymaster

      Sounds like they’re trying to say something along the lines of ‘organized’ crime without actually saying it. So some brainiac came up with ‘sophistication.’

      Don

    • #23754
      former33t
      Participant

      I’m with Don.  That article stinks of trying to hit organized hacking groups.  I’m guessing that in a few years this will all play out like the hate crime statutes that have been misused by our government (BTW, is any violent crime NOT a crime of hate???).  Prosecutors looking to send a message or further their careers with tougher sentences will push for “sophistication” penalties at sentencing.  If you happen to be unlucky enough to meet the criteria, you’ll be (extra) screwed.

      My personal opinion is that trying not to get caught while committing a crime should have no bearing on the sentencing.  This is akin to tacking on extra sentencing to a bank robber for wearing a ski mask.

    • #23755
      RoleReversal
      Participant

      @former33t wrote:

      My personal opinion is that trying not to get caught while committing a crime should have no bearing on the sentencing.  This is akin to tacking on extra sentencing to a bank robber for wearing a ski mask.

      I’d agree with this, personally I can’t see any reason behind it other than a lame attempt make the authorities lives easier:

      Skiddie A:Holy cow, I don’t want to spend all my time in jail.
      Skiddie B:I know, lets do everything in clear text so they let us off if they catch us
      Skiddie A:Great plan….now where’d you put that 31337 sub7?

      seriously???

    • #23756
      timmedin
      Participant

      @former33t wrote:

      My personal opinion is that trying not to get caught while committing a crime should have no bearing on the sentencing.  This is akin to tacking on extra sentencing to a bank robber for wearing a ski mask.

      While a ski mask may not get you an increased sentence, in most juristidtions a bullet proof vest will.

      Here is New Jersey’s version of the law:
      It is unlawful to use a body vest while committing a crime (murder, manslaughter, robbery, sexual assault, burglary, kidnapping, criminal escape or assault).
      2C:39-13. Unlawful use of body vests
      1.Unlawful use of body vests. A person is guilty of a crime if he uses or wears a body vest while engaged in the commission of, or an attempt to commit, or flight after committing or attempting to commit murder, manslaughter, robbery, sexual assault, burglary, kidnapping, criminal escape or assault under N.J.S.2C:12-1b. Use or wearing a body vest while engaged in the commission of, or an attempt to commit, or flight after committing or attempting to commit a crime of the first degree is a crime of the second degree. Otherwise it is a crime of the third degree.
      As used in this section, “body vest” means bullet-resistant body armor which is intended to provide ballistic and trauma protection.
      L.1983,c.152,s.1; amended 1999, c.306.

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