If these Script Kiddies do jail time that would be a huge fail.
Why? What they did was illegal, and could have potentially crippled businesses.
Whether or not you agree with the way these businesses generate their money is not the issue here. The issue is that their acts were illegal.
Not everything is black and white. I seem to recall at one point Lulzsec had a browser 0-day that when you visited the website, it loaded an instance of ion cannon onto your computer, and then blasted a random target.
From an investigation standpoint, how do you prove that there was an intend to do harm?
Are you asking from the perspective of the unsuspecting users, or lulzsec?
In case of the former, there's no intent to do harm. They simply got tricked, and I would assume that these people would walk free, if they'd be at all prosecuted.
In the case of lulzsec, I'd say it's pretty obvious that them pushing software onto other people's machines is one count of illegal activities, and then using these "bots" to assist in a DDOS attack is another.