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The Spam King

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Doug Berman at SL&P solicited comments regarding what sentence is appropriate for the "Spam King." He has gotten a lot of comments, 60 as of this writing.

What is fascinating to me is that the commenters on this blog, who overall tend to lean toward a more lenient sentencing policy, as the host does, have absolutely no mercy for this guy. Why not? In part, I suspect it's because his crime is one that every user of the Internet (and hence all the commenters) has personally been a victim of. People tend to be more lenient when we have not been victims ourselves. But we shouldn't.

One really weird thing, as I note in a comment there, is that this 28-year-old man is claiming Oppositional Defiant Disorder as a mitigating circumstance. First, these kinds of "disorders" are just medical-sounding names for misbehavior and should not be considered mitigating. See Graham v. Collins, 506 U.S. 461, 500 (1993) (Thomas, J., concurring) ("antisocial personality disorder"). Second, even if one accepts ODD as a real disorder and as mitigating, that diagnosis is for kids.

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Let's see here, there's ODD, Conduct Disorder, and APD in the DSM.

Sure, these are problems, but are they mental diseases deserving mitigation?

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