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Prosecutors routinely use their own discretion in both deciding what to prosecute, and how severe of a sentence they will pursue. To say "Hey, the law is the la
by scott_s 14y ago
Prosecutors routinely use their own discretion in both deciding what to prosecute, and how severe of a sentence they will pursue. To say "Hey, the law is the law, I'm just doing my job by enforcing it" denies this reality, and serves to remove her own agency from her actions.
- res0nat0r 14y agoSix months in a minimum security jail seems perfectly reasonable to me for repeatedly breaking the law and in no way some sort of "overreach" or "witch hunt". Her job was to find a settlement acceptable to both parties.
- scott_s 14y agoHad they gone to trial, however, he was likely facing 7 years, according to another article on the front page: http://www.volokh.com/2013/01/16/the-criminal-charges-against-aaron-swartz-part-2-prosecutorial-discretion/ http://www.volokh.com/2013/01/16/the-criminal-charges-agains...
- res0nat0r 14y agoCorrect. He could have gone to trial, or taken the 6 month plea bargain.
- mpyne 14y agoIn fairness to the prosecution, pushing for the same exact sentence that the defendant refused to accept on a "gracious" plea bargain is poor economic policy. If the plea bargain sentence is really sufficient then there needs to be incentive to take the plea. 7 years is far less than the maximum sentence so she's still correct in saying they didn't push for the maximum (pending other evidence that might come out).
- scott_s 14y agoNot doing it is poor strategy, yes, but that doesn't mean that we have to accept it as good public policy. I found the recently posted paper on the German system enlightening: http://news.ycombinator.com/item?id=5059044 http://news.ycombinator.com/item?id=5059044
- dinkumthinkum 14y agoPeople get less prison time for rape and attempted murder. Come on.
- res0nat0r 14y agoLess than 6 months? Sounds like an anomaly.
- ataggart 14y agoI not clear on how incarceration is reasonable punishment for someone convicted of a non-violent crime and who is not a physical danger to anyone.
- HeyLaughingBoy 14y agoSome guy breaks into your house while you're away and steals all your valuables, including the contents of a safe he found. What do you think his punishment should be if caught?
- ataggart 14y agoThe point is what should not be the punishment, namely locking him up with actual violent criminals, thus in turn subject to actual violence, rape, etc.