Quote:
Originally Posted by patteeu
When the range of possible sentences is 0 to 5 years and you want to peg it at 5, you're enhancing it. I've read your rationalizations where you try to claim that you're ignoring the kid's suicide, but I don't believe them.
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I'm not. I'm personally absolutely considered the kid's suicide. Like I said earlier - our entire jurisprudence is based on results.
But I'm also trying to look at it from a purely technical aspect. Admittedly, I have the result I'd want and am therefore going to work backwards to achieve it, but at the same time, this is clearly an extraordinarily egregious violation of privacy.
Even if you don't think it's punishable by 5 years, I don't see how anyone can say it's not a felony and it doesn't deserve jail time. If that's the case, then just take the damn statute off the books because if you're going to put this on a staggered scale, it's a hell of a lot closer to the 5 year side than the Class C Misdemeanor side for all the reasons I've already stated.
As I stated with vailpass, it's my attempt to take a completely different approach to considering the sentencing but from where I sit, the results should be the same. I'm not without my biases, but that certainly doesn't prevent me from stating the case as I see it.