Jamahl and Nigel are college freshmen who run a computer bulletin board system. They decide to hack into the computer system of
the local telephone company. They enter the system without being asked for a password. While looking through computer files, Jamahl finds a confidential memo written by the company president admitting that the telephone rates are too high. Jamahl copies the file and posts it on the bulletin board for users to read. To get even with the telephone company, Nigel inserts a worm to slow its computer system down and sends the company president the message "You are a crook." However, because of a mistake Nigel made in creating the worm, the system crashes, and telephone service is out for eight hours. Many office buildings and government services are disrupted. The police chief shuts down the bulletin board and the prosecutor charges both youths with trespassing, theft, and the intentional destruction of property. a. Should Jamahl and Nigel be prosecuted? What purpose would be served?
b. Are Jamahl and Nigel guilty of the charges? Explain your answer.
c. If they are convicted, how should they be punished?
Under the separation of powers, each branch of government has a specific function. The legislative branch—the Congress—makes the laws. The executive branch—the president—implements the laws. The judiciary—the court system—interprets the laws and decides legal controversies.
