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> I've been shocked to see how many geeks - including Linus, do not seem to understand the concept of maximum penalties. And I'm shocked to see how many people
by detst 14y ago
> I've been shocked to see how many geeks - including Linus, do not seem to understand the concept of maximum penalties.
And I'm shocked to see how many people misinterpret those geeks. We don't believe he was absolutely going to end up in jail for 35 years; we believe it was hung over his head to extort a plea deal, while remaining a real possibility.
> Journalists like to quote the "up to" numbers because they sound dramatic, and as a functioning member of society you need to know what that means and doesn't mean.
We're not talking about the concept; we get that. We're talking about a prosecutor that had large discretion in which, if any, charges to bring and brought multiple charges that had high maximum penalties for a reason. It's disingenuous to come back later and try to downplay the real charges with the real prospect of 35 years in jail, even if its real purpose was extortion.
It's easy to say "you need to know what that means and doesn't mean" until you're the one actually facing those penalties and financial ruin. I'm sure reminding you how the game works will be very comforting.
- danielweber 14y agoWhat was being "hung over his head" was 7 years in prison. I still find 7 years offensive, but we need to understand the basic facts: - 6 months is what he would get with plea bargain - 6-7 years is what he would get if he went to trial and lost - 35 years was what was in press releases to deter other people from committing the crime
- ben336 14y agoThats a great summary. It doesn't matter what was said in public if it was overruled in private. It sounds very clear that Aaron knew the maximum they were seeking was 7 years.
- daltonlp 14y agoI agree, that's a great summary. If you were Aaron, and those were the options you faced, would you have taken taken the plea deal?
- pyre 14y ago| we believe it was hung over his head to extort a | plea deal, while remaining a real possibility All you have to go by are public statements/press releases though. All of the private communications between Aaron (and his lawyers) and the prosecution are relevant here. It sounds like, while quoting 'up to' numbers in public, they were telling his defence that they planned to seek 6-7 years at trial (without a plea bargain). Obviously this wasn't something they were bound to (they could change their mind and seek maximum penalties at trial). That said, if they were telling him behind closed doors that they would seek 6-7 years, I don't think we can claim that they were holding the possible 35 year sentence over his head. As others have said in other discussions, if a judge had ignored the prosecutor and thrown the maximum sentence at him, it would almost certainly be overturned on appeal (max. penalties for a first time offender are almost always overturned on appeal). I think one of the biggest factors was that he was facing a possible $1+ million trial with no funds to pay for it. Also, 6-7 years in prison isn't anything to laugh at.