Term Paper Subject - Prosecution of Juvenile Hacker

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Hacking is the unauthorized access to a computer with different attitudes hackers. The threatened crime of hacking by the youngsters is more or less regarded as a juvenile hobby. The hacking at the same time represents a serious threat to the integrity of IT systems and involves considerable expense in rectifying breaches of security. The hacking some times rises above the level of computer related frauds. The cyber crime specifically hacking can cause the damage in two ways. Firstly it creates a sense of insecurity and interference in personal affairs. Secondly it can cause losses to the business or personal assets.

From an ethical aspect the hacking breaks the right to privacy, secrecy and possession. Hacking can also be taken as trespass although evidence pertaining to this offence may be invisible. The Hackers perspective, about the unjustifiably retention of information and making it confidential cannot be taken as correct (Hacking). The hacking is a form of crime, which must not go unnoticed. However crime as is known that it is any specific act prohibited by law for which society has provided a formally sanctioned punishment. This also can include the failure of a person to perform an act specifically required by law. It was commonly seen that only the adult’s criminals generally committed the heinous and serious violent crime such as murder, assault, rape, robbery and arson. They were commonly repeating lawbreakers. These days, juveniles are committing more and more of these brutal and frightening crimes as well. Some of the crimes are committed as a fun and hacking is one out of those.

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The law is not only to punish the people who commit the crime it is meant to correct the defaulters as well. The young criminals do fall under the category of people who require corrective action to make them a useful member of the society. The hacking is not an offence of that level which should be treated as adults. Presently under the law the Juveniles, can be treated as adults, when they are charged with a felony, a misdemeanor, or an infraction. The juveniles can also be charged with offenses that are unique to youth. The juvenile justice system has developed over the years based on the basis that juveniles are different from adults and juveniles who commit criminal acts generally should be treated differently from adults. Separate courts, detention facilities, rules, procedures, and laws are created for juveniles with the intent to protect their welfare and rehabilitate them, while protecting public safety. Once the juveniles will be treated as adults for such offences they may get a totally wrong direction of life and later prove to be a seasoned criminals. Their mixing up with the adults will have adverse effects on their future training.

Under certain conditions, youthful offenders can be tried either as juveniles or as adults. But even in these circumstances, their treatment is different from that of adults. For example, a juvenile who is arrested against an adult offense can be tried in either juvenile court or adult court; if convicted, he or she can be imprisoned in either a county or state correctional facility or left in the community; and if imprisoned, he or she can be placed with either other juveniles or adults. On the other hand, an adult charged with the same offense would be tried in an adult court; if convicted, he or she would be confined by the state and would be housed with adults. (Juvenile crime, 1995)

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A young computer hacker who knows all about computers, and have a computer to do anything can have the tendency of approaching to other’s computers. The child has to be guided about the ethics of using the computer. A very important aspect in the committing of the crime trough the computer is the intentions and the attitude of the hacker. Computer programming and learning the same is certainly acceptable but beyond that is not a hobby or something to do with fun. If some one tries to enter in other’s domain it is obviously not justifiable and the juveniles must be aware of this. If an intentional effort is made to disturb some one’s property the same is certainly to be taken notice of. It is very essential that at the same time some severe measures must also be taken to ensure that the young people do not commit themselves to the odds of the life. They must be cautioned from the start of their education about the seriousness and effects of crimes on the life. The juveniles must be corrected to the maximum and all out efforts should be made to make them realize about the negative effects of the hacking.

Someone including the juvenile who sets out to break the security of a system for financial achievement is not considered to be a hacker at all. [Brian Harvey]. A juvenile hacker can be a crook, but a juvenile hacker can certainly not be a professional thief. A juvenile hacker to be dealt as an adult must be fundamentally an amateur. At the same time if the juvenile offenders are not appropriately punished will create a situation where the professional hackers will train all youths and all young people will be busy in this unlawful activity. Therefore it is essential that some severe punitive actions must be taken against juvenile hackers but not as adult offenders.

Works Cited

Hacking http://www-staff.mcs.uts.edu.au/~jim/cit2/cit2-99/legal/Hacking.html
Juvenile crime May 1995 http://www.lao.ca.gov/kkpart1.html
Office of the Fayette Commonwealth’s Attorney: Juvenile Prosecutions http://www.lexingtonprosecutor.com/juvenile_prosecutions.htm
Harvey, Brian, “What is a Hacker”, University of California, Berkeley, Appendix to Computer Hacking and Ethics (1981) http://www.cs.berkeley.edu/~bh/hacker.html

 

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