4 ms·

Six 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". H

Six 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 ago
Had 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 ago
  Correct. He could have gone to trial, or taken the 6 month plea bargain.
- mpyne 14y ago
  In 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 ago
    Not 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 ago
People get less prison time for rape and attempted murder. Come on.
- res0nat0r 14y ago
  Less than 6 months? Sounds like an anomaly.
ataggart 14y ago
I 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 ago
  Some 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 ago
    The 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.

scott_s 14y ago

Had 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 ago
Correct. He could have gone to trial, or taken the 6 month plea bargain.
mpyne 14y ago
In 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 ago
  Not 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 ago

People get less prison time for rape and attempted murder. Come on.

res0nat0r 14y ago
Less than 6 months? Sounds like an anomaly.

ataggart 14y ago

I 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 ago
Some 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 ago
  The 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.