Re:US Attorney Chided Swartz On Day of Suicide
by AnthonyMouse on Sunday January 13, 2013 @02:42PM
(#5051613)
>Wasn't she just doing her job?
Absolutely not. There is a reason that prosecutors have prosecutorial discretion and this case is it. The prosecutor's job is not to zealously convict anyone they encounter with everything they can convict them with, it is to represent the interests of the people. There is no fathomable way that sending Aaron Swartz to prison for 35 years could possibly do that.
But let's not put all of the blame on the prosecutors. The prosecutors did wrong here, but we allowed it to happen by giving them the authority to do wrong. We are, as we speak, allowing laws to remain on the books that make "crimes" that should be a minor misdemeanor at worst (and not illegal at all at best) into felonies punishable by a sentence of imprisonment longer than the sentences received by many unrepentant criminals who have committed premeditated murder.
These outrageously disproportionate laws are what allowed these prosecutors to abuse their discretion. Get rid of the laws, or cut the penalties by a factor of a thousand, and you get rid of the problem. That should be the goal here. Making an example of these prosecutors is not a bad first step, but actually prohibiting what they did by removing their ability to levy outrageous charges at minor offenders has to be the long-term solution.
Absolutely not. There is a reason that prosecutors have prosecutorial discretion and this case is it. The prosecutor's job is not to zealously convict anyone they encounter with everything they can convict them with, it is to represent the interests of the people. There is no fathomable way that sending Aaron Swartz to prison for 35 years could possibly do that.
But let's not put all of the blame on the prosecutors. The prosecutors did wrong here, but we allowed it to happen by giving them the authority to do wrong. We are, as we speak, allowing laws to remain on the books that make "crimes" that should be a minor misdemeanor at worst (and not illegal at all at best) into felonies punishable by a sentence of imprisonment longer than the sentences received by many unrepentant criminals who have committed premeditated murder.
These outrageously disproportionate laws are what allowed these prosecutors to abuse their discretion. Get rid of the laws, or cut the penalties by a factor of a thousand, and you get rid of the problem. That should be the goal here. Making an example of these prosecutors is not a bad first step, but actually prohibiting what they did by removing their ability to levy outrageous charges at minor offenders has to be the long-term solution.