Comment by cmcaleer 13 hours ago
Monetary damages are damages, I don't think this is particularly complicated. If I made it so you couldn't get several weeks of your wages for hours that you worked you would be rightly furious with me and feel like a victim.
Damages in the sense that warrants compensation and likely additional punitive damages as deterrence, agreed. But monetary damages don’t seem sufficient to justify jail time in a society that likes to claim it doesn’t have debtor’s prisons.
Yes, yes, criminal law and civil law are two different things and statutes can allow or require imprisonment in a criminal sentence. But we are discussing what is morally appropriate punishment for this misdeed, not what current law allows.
I’m not arguing against compensation and other dissuasive/retributive punishment - I did call it a misdeed. Suitable compensation and punishment are absolutely appropriate.
But yes, I am arguing that four years of prison time (there’s also three years of supervised release - so seven years of court oversight total) is disproportionate punishment, and probably any prison time at all for this act. Prison makes the most sense for violent criminals.
I am fine with lots of other compensatory and punitive consequences, including the criminal conviction itself which should not be underestimated as a public record visible in background checks, at least some kinds of orders restricting future activities with computers and/or his former employer for a suitable duration, plus whatever monetary consequences are deemed appropriate.
I don't buy this equivalence of financial damage to a person with financial damage to a business.
If I had a business its finances would be separate from my personal finance using limited liability, so even if someone destroyed 100% of its value, it would only be no return on investment for me - sad and bad but totally not equivalent to losing all my personal money.
Compensation and damages would probably mean decades of a bleak existence with most of your meger earnings going to the compensation and damages you owe. Chances are it will be a long time before he can get a good paying job after this, not like he has a good reference from his previous employer. I would seriously consider the prison time if given the option.
You know that the prison time he was given does not rule out compensation and damages but rather might be in addition, right?
The company can still sue for those damages, and they can take all the findings of law and findings of fact from the criminal case as already proven without having to reprove those.
> If I made it so you couldn't get several weeks of your wages for hours that you worked
This is called wage theft and I haven't seen anybody going to jail for it.
I don't condone what this person did, but I wish justice was as swift for crimes committed by the rich and powerful.