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| | FindLaw's Writ - Hilden: Punishing Anthrax Hoaxers |
 | | To begin, the new hoax law may prompt us to rethink, to some extent, what has been a fundamental criminal law principle: that incomplete and inchoate crimes (with the exception, sometimes, of conspiracies) are generally punished less severely than completed ones. |
 | | And hoaxes generally are not punished anywhere near as severely as the actual acts they mimic both due to prosecutorial discretion, and due to more lenient penalties. |
 | | Alternatively, evidentiary restrictions at the sentencing stage, limiting the relevant evidence to that directly pertinent to the crime would, accomplish the same purpose the purpose of not imposing a sentence on a person based, in part, on his or her prior political activity and exercise of free speech rights. |
| writ.news.findlaw.com /hilden/20011113.html (1773 words) |
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