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Re:Tell HN: Aaron Swartz died today, 8 years ago by Nextgrid on Monday January 11, 2021 @01:16PM (#25733209)
Aaron was forced into a case where his options are 1) take the deal, waive your right to a trial and serve a certain sentence, or 2) exercise your right to a trial and in revenge get a much heavier sentence (some people here mention a max of 30 years - even rapists and murderers can get less than that) since the commonplace nature of plea deals over time devalues the "true" sentences as written in the law because nobody serves them.

Frankly I don't think this situation delivers justice to neither the victim nor the defendant. If we assume the defendant is guilty, why should he be allowed to get off with a sentence that's 29 years lower than what it should be? If we assume that the defendant is not guilty, is it fair to force him to pick between a fair trial and potential 30 years of prison or 6 months without trial, given that even someone that's not guilty would most likely take the deal and this perverts the course of justice by essentially jailing people based on mere allegations without a trial?

Re:Tell HN: Aaron Swartz died today, 8 years ago by FDSGSG on Tuesday January 12, 2021 @06:48AM (#25745585)
>some people here mention a max of 30 years - even rapists and murderers can get less than that

Those people either don't know what they're talking about or are deliberately seeking to mislead.

>According to Swartz’s defense attorneys, prosecutors claimed that they thought the judge might impose a Guidelines sentence as much as 7 years if Swartz went to trial and was convicted. That’s consistent with a loss valuation in the range of millions of dollars. In contrast, Swartz’s lawyers thought that Swartz might get just probation, which is consistent with a loss calculation at or less than $10,000.

http://volokh.com/2013/01/16/the-criminal-charges-against-aa...

>So, realistically, Swartz was facing anything from probation to a few years in jail if he went to trial — depending largely on how you value the loss he caused — and either a 4 months in jail or 0-6 months in jail if he pled guilty.