Fnord wrote:
So ... A.S. can be used as a mitigating circumstance that excuses criminal activity.
This means that Adam Lanza was a pure as the driven snow.
That's not the takeaway from this. He was not extradited to the US because it was determined he would be a suicide risk if he were placed in prison. That's not AS, that's depression, possible trauma.
This is what the article says about the decision to not prosecute now:
Quote:
Mr Starmer said that, between February 1 2001 and March 19 2002, Mr McKinnon allegedly gained unauthorised access to 97 US government computers. A decision was taken that the appropriate place for Mr McKinnon to be tried was the US, which sought extradition. On October 16, Home Secretary Theresa May decided not to extradite him, and added that it was for the DPP to decide whether Mr McKinnon had a case to answer in a UK court.
Mr Starmer said: "None of the reasons for the original decision in 2002 that the appropriate place for Mr McKinnon to be tried was the United States have altered. So far as the evidence is concerned, the position in 2012 is the same as it was in 2002. Most of the witnesses are in the US, as is nearly all the physical evidence and the bulk of the unused material, some of which is sensitive."
He added: "The potential difficulties in bringing a case in England and Wales now should not be underestimated, not least the passage of time, the logistics of transferring sensitive evidence prepared for a court in the US to London for trial, the participation of US government witnesses in the trial and the need fully to comply with the duties of disclosure imposed on the CPS. The prospects of a conviction against Mr McKinnon which reflects the full extent of his alleged criminality are not high."
And he said: "The joint CPS/police panel recommended to the Assistant Commissioner of the Metropolitan Police that he should not commence a new criminal investigation into Mr McKinnon. The Assistant Commissioner of the Metropolitan Police has accepted that advice."