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Re:Linus says Carmen Ortiz is lying by anigbrowl on Friday January 18, 2013 @03:21AM (#5077709)
Well, he's wrong about this. Quoting the maximum statutory penalty is the standard in news releases, but tells you exactly zero about the negotiations in attorney conferences. US attorneys don't write the press releases, those are done by the most junior lawyers and quote the statutory maximum because it's factual without giving anything away about the government's courtroom strategy.
Re:Linus says Carmen Ortiz is lying by __alexs on Friday January 18, 2013 @04:07AM (#5077806)
What if there was no mention of the penalty they were seeking in negotiations or it was left highly ambiguous? In that situation I could see a public press release announcing that you might face 35 years in prison as quite threatening.
Re:Linus says Carmen Ortiz is lying by anonymouz on Friday January 18, 2013 @04:29AM (#5077859)
When someone is charged with certain crimes and the press (or a press release) mentions he faces up to X years, it is always the maximum penalty that is being quoted, while the prosecutor usually does not seek it (anything else would be untrue). If Aaron Swartz himself did not realize that, I am sure that his lawyer could have cleared up any confusion for him.
Re:Linus says Carmen Ortiz is lying by jahewson on Friday January 18, 2013 @05:09AM (#5077981)
What makes you think they had a plea bargain agreement to announce at that early stage? Issuing a public statement before an agreement is reached doesn't help anyone.
Re:Linus says Carmen Ortiz is lying by dthunt on Friday January 18, 2013 @04:30AM (#5077864)
You need to understand that these people are maximalists. They're never going to say 'we're asking for 7 years' in any context where that can be recorded, because it weakens their hand at the bargaining table. In fact, the shakier the case is, the more they need those 'worst case' numbers to terrify.

The only things that matter to these maximalist dickholes is:

* successful conviction * maximum penalty they can achieve with what they have * if you don't take the plea bargain, make you regret it

If they really hate you, they put people on 'document generation duty', which is cheaper than document review, and throw hundreds of thousands of documents at you during trial. They find the most expensive venue for you, and if you have an employer that has somehow stuck by you this long, they coerce it into letting you go.

The entire goal of this sort of thing is to deprive people of a chance to actually go to trial and stand a chance of acquittal, particularly when gaining a conviction 'honestly' is going to be difficult or expensive.

Re:Linus says Carmen Ortiz is lying by Xylakant on Friday January 18, 2013 @04:35AM (#5077880)
I don't even think that it's a maximalist approach. It's a "we don't talk about ongoing investigations" approach so there is no figure that anybody could quote apart from the maximum.
Re:Linus says Carmen Ortiz is lying by danielweber on Friday January 18, 2013 @11:34AM (#5079475)
Aaron's lawyers have said he was facing 7 years, not 35, if he went to trial and lost. Aaron knew this.

You can still find this entirely too long.

Re:Linus says Carmen Ortiz is lying by yardie on Friday January 18, 2013 @04:13AM (#5077818)
> US attorneys don't write the press releases, those are done by the most junior lawyers

Does it matter who wrote it? It came from her office, she approved it, and therefore she said it.

Re:Linus says Carmen Ortiz is lying by pbreit on Friday January 18, 2013 @04:19AM (#5077834)
"she approved it, and therefore she said it"

Are either of those clauses accurate?

Re:Linus says Carmen Ortiz is lying by fleitz on Friday January 18, 2013 @04:30AM (#5077865)
Depends on what the context is...

In an affadavit... yes...?

In an election... maybe?

As a press release from a prosecutors office?

Probably not.

Either you like Mrs. Ortiz or not, no one is really going to make their decision based on whether or not Aaron Schwartz believed he was facing 6 years, or 35 years.

He was looking at 6 months tops, which means serving 2 tops as a first time offender, which means probably out in a month, which means probably a suspended sentence. My advice to anyone thinking about killing themselves over spending 35 years in jail... stop watching Oz, visit someone actually in a minimum security prison, ask them what it's like, take a plea for 4 months, get some exercize, go to bed early, eat some shitty food and enjoy all the ammenities club fed has to offer for a month or two.

Re:Linus says Carmen Ortiz is lying by yardie on Friday January 18, 2013 @06:01AM (#5078098)
I don't believe he was going to do 35 years, nor 6 months. I don't think he did anything that warranted serving a jail sentence and felony conviction at all. If you think just taking the felony rap without serving a sentence is just as good, boy does the rest of the world has some news for you.

I think he was already depressed, the charges were weighing on him, and so were the legal fees.

Re:Linus says Carmen Ortiz is lying by DanBC2 on Friday January 18, 2013 @05:51AM (#5078078)
Have you spent any time in prison? Have you visited anyone in any prison? Which federal prison do you suppose Mr Swartz would have been sent to if he had been convicted?
Re:Linus says Carmen Ortiz is lying by waterlesscloud on Friday January 18, 2013 @04:14AM (#5077822)
They quote the maximum penalty to both seem hardcore on crime and to intimidate. Let's be honest about that.
Re:Linus says Carmen Ortiz is lying by mhb on Friday January 18, 2013 @10:37AM (#5079115)
Or to look merciful when they agree to a lesser sentence.
Re:Linus says Carmen Ortiz is lying by jeswin on Friday January 18, 2013 @08:04AM (#5078414)
Even if it wasn't 35 years, 6-7 years is plenty long to ruin anyone's life.

If Aaron decided not to accept the guilty plea, his option was 6-7 years and not 6 months. After reading everything that has been written about him, I would assume that he won't choose a 6-month sentence in exchange for pleading guilty to liberating information.

Re:Linus says Carmen Ortiz is lying by mpyne on Friday January 18, 2013 @09:51AM (#5078846)
No, his option was to see what he'd get at trial, where the sentencing would be dependent on which crimes he was convicted for, which elements of other crimes the jury felt he infringed (without being enough to be guilty overall of the charge).

Had the prosecutors gotten convictions on each group of charges they filed they would have pushed for 6-7 years (they have to, otherwise why take the plea?). The Federal sentencing guidelines would have recommended a sentence in the range of 1-2 years (according to Jennifer Granick of all people, who is decidedly not a fan of what happened to Aaron Swartz).

The final sentence would have been up to the judge but given the circumstances (rich; white; well-respected; first-time offense; relatively innocuous as far as effect) it's extraordinarily unlikely he would have received more than the FSG (and if he did, it would help out his case immensely on appeal).

> for pleading guilty to liberating information.

If liberating information is his goal, why wouldn't he be proud and honored to wear that particular Scarlet Letter? Do you think those branded by the Nazis for guarding Jews would be anything other than proud to show to their children and grandchildren the living proof of their taking a righteous stand when others were afraid?