3 ms·
> As for "threats of 35 year sentences"--the statutory maximum is not a "threat." That's simply incorrect. It is absolutely a threat. As I recently argued: >
by RyanMcGreal 14y ago
> As for "threats of 35 year sentences"--the statutory maximum is not a "threat."
That's simply incorrect. It is absolutely a threat. As I recently argued:
> The prosecutor used the threat of 35-50 years in prison to get Aaron to accept a guilty plea. If he chose to plead not guilty and attempt to defend himself, it would cost well over a million dollars in legal fees, and if he were found guilty anyway, the judge would be strongly predisposed to make an example of him by giving him a very long, punitive sentence.
> A prosecutor forcing someone to admit guilt by threatening a life-destroying cruel and unusual punishment if they do not admit it - why, that is the very essence of using torture to extract a confession!
http://quandyfactory.com/blog/103/on_crimes_and_punishments_the_cruel_and_unusual_threat_against_aaron_swartz http://quandyfactory.com/blog/103/on_crimes_and_punishments_...
- rayiner 14y agoThe trick is in the word "faces." If I went to trial for punching someone at a bar, a jury could decide that I was really trying to kill them and my ninja hands were deadly weapons, etc, and a judge could decide I'm a menace to society and need to be put away and so in that sense I "face" 25 years in prison. But that doesn't happen. Yes, prosecutors offer lower sentences in exchange for guilty pleas, but the lower sentence is relative to the sentencing guidelines, not the statutory maximums. See: 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...
- deleted 14y ago[deleted]
- anigbrowl 14y agoStatutory maximums are not the same as mandatory minimums. > A prosecutor forcing someone to admit guilt by threatening a life-destroying cruel and unusual punishment if they do not admit it - why, that is the very essence of using torture to extract a confession! I count at least 7 fallacies in that single sentence. Impressive.