Digital piracy is not theft. It's like taking pictures in a museum when it's not allowed. It's taking a picture of public buildings in the wrong country. It's copyright infringement and an issue for the civil court, not the criminal court.
Edit: your other points are good though :)
I do not have to have memories about being raped in the jail to know that it is a bad experience. Am I a genius?
Funny fact: I moved out with 14 to a big city for a special school and lived in a dormitory with normal guys. None of us got jailed.
I hear only bad excuses.
If, say, a decent portion of your classmates, including people you were friends with, were regularly accused of crimes and occasionally imprisoned for them, what effect do you think it might have on your perception of how "wrong" the acts they committed were?
When cognitive dissonance arises from trying to reconcile actions that are on the opposite end of the spectrum from how you associate a person, the outcome is generally not that one of those two absolutes remains and the other shifts, but that both perceptions shift.
I'm not claiming that any of this justifies poor decisions, only that it's quite feasible to have a heavily warped view ingrained in you, and that, if a split-second comes where a mildly poor decision could get exponentially worse, it's not generally the case that you spend minutes consciously considering all the options and rehearsing them - you make a decision without consciously reviewing why, and a skewed view can make a hell of a difference then.
>>if a split-second comes where a mildly poor decision could get exponentially worse
I think you talk abot non existent things. Can you please explain me how can an average illegal act be a "split-second poor decision"? You can not steal a car or start dealng drugs in a split-second. Except you are Flash.
I wouldn't be shocked if the rate for the none capital convictions was in the neighborhood of 10%...well actually I am shocked about it. There's probably also discrimination and some demographics get a lot more false convictions than others (I'd guess being poor doesn't help for example).
[1]: http://www.pnas.org/content/111/20/7230
[2]: http://www.jstor.org/stable/40042842?seq=1#page_scan_tab_con...
It's similar to (but not the same, I think, as) the difference between not doing X because you've been told Y will happen, and not doing X because you have memories of doing X and Y happening - the latter is a lot more deeply ingrained.
Consider newly-minted adults in prosperous environments leaving their parents' home for college for the first time - they have a theoretical knowledge of the various stresses, risks, and concerns that will arise when they live on their own, but until they've actually done it for a while and had various mishaps, it won't be nearly as well-calibrated and digested into their thinking.
Or consider the uptick of music piracy when the internet was just becoming ubiquitous - people knew, abstractly, that it was theft, and could carry consequences, but that didn't enter into most of their considerations.