[fao_]

  it's a different issue than a kid getting arrested for being a hacker.

How so? Actually in some states the kids who bring pot to school are more worthy for being in the criminal system than the kid being arrested for being a hacker, seeing as the former qualifies as actual criminal activity (again, in some states).

That is to say, I agree with not using the criminal system for those relatively minor excursions, but at the same time I do not see how it is a different problem.