6 ms·
A few things. 1. Don't give up. I hate to say it, but they guy was in the middle of negotiations, and could have probably worked out something significantly be
by ouchy 12y ago
A few things.
1. Don't give up. I hate to say it, but they guy was in the middle of negotiations, and could have probably worked out something significantly better than the 6-month deal he was offered (which really could have been far worse, in practical terms, though it never should have come to that, of course). He obviously had severe mental health problems, and killing himself was disproportionate to what he was facing.
2. I've had two friends do time for Federal, non-violent crimes, and it wasn't horrible for either of them. It mostly just kind of sucked. Not even close to a worst-case scenario. Family embarrassment and having a felony on their record was the worst of it for each of them. Aaron could have turned all that to his favor.
3. It's an unpopular thing to say around here, but before becoming an activist for a cause, it'd be worth talking to a lawyer. No doubt the prosecutor was overzealous (what else is new?) but Swartz's operation was both ham-fisted and a bit unhinged. He obviously was trying to get away with something, he just got caught. He really should have thought that through before doing it, during, and after.
4. And if you're actually guilty of something–however absurd that law is, it's law–fight like mad (which includes appeals) and then take the best plea bargain your attorney can get you, and make the most of it. A six-month term would have been the best thing that could have happened to his cause–afterwards he would have had immense credibility as an activist with both character and credibility.
This should all enter into your cost/benefit thinking. It's just good planning.
Unfortunately, it became a "mere" tragedy that I fear will wind up doing far less to solve the problems he wanted to than if he'd stuck it out.
- pzxc 12y ago> Don't give up. I hate to say it, but they guy was in the middle of negotiations, and could have probably worked out something significantly better than the 6-month deal he was offered (which really could have been far worse, in practical terms, though it never should have come to that, of course). My understanding is that negotiations had stalled: the prosecutors absolutely refused to entertain any plea deal that did not result in Aaron getting a felony. That was all Aaron wanted: not to be a felon for the rest of his life.
- ouchy 12y agoIANAL, but as I understand it he still had options, though (trial by jury, for example).
- therealwill 12y ago93% Federal conviction rate and a trial by jury would have been extremely expensive. Source: http://www.justice.gov/sites/default/files/usao/legacy/2011/09/01/10statrpt.pdf http://www.justice.gov/sites/default/files/usao/legacy/2011/...
- hkmurakami 12y agoHe had run out of funds (~$2MM) by that point.
- Lawtonfogle 12y agoIt is effectively a crime to demand a trial by jury. I say effectively because of how much harsher a sentence you'll receive if you lose compare to the plea bargain you are offered (the very reason for this is to force individuals to take a plea deal).
- LLWM 12y agoThat's what a lot of people want. We get it by not committing felonies.
- shit_parade 12y ago>Unfortunately, it became a "mere" tragedy that I fear will wind up doing far less to solve the problems he wanted to than if he'd stuck it out. This reads as victim blaming to me, perhaps you didn't intend it such but the rest of your comment also sounds like whitewashing to me: "friends do time...wasn't horrible" thanks for your anecdote, most people find being stripped of their freedom and locked in a box horrible. "no doubt the prosecutor was overzealous...but..Swartz...ham-fisted and a bit unhinged", way to make light of Swartz's mental condition and suicide. "actually guilty...however absurd..it's law", so the law is always right no mater how absurd? How grotesque. "six-month term would have been the best thing that could have happened to his cause", how about you volunteer to be a felon then?
- genericuser 12y ago>"actually guilty...however absurd..it's law", so the law is always right no mater how absurd? How grotesque. You don't get laws changed by disobeying them, and not being willing to risk the penalties. You have to work to get the law changed if you feel it is absurd.
- shit_parade 12y agoHelp me understand, are you claiming that by committing suicide Aaron was unwilling to risk the penalties of breaking the law? Generally laws are changed by disobeying them, did you miss the day in civics when they discussed rosa parks? How about Lawrence v Texas?
- AnimalMuppet 12y ago"You don't get laws changed by disobeying them, and not being willing to risk the penalties." You do get laws changed by disobeying them, and being willing to risk the penalties.
- genericuser 12y agoExactly he wasn't willing to risk the penalty of being labeled a felon. And since suicide itself is a felony in something like 20 states, maybe not the best way to go to avoid being labeled a felon.
- throwawaymaroon 12y agoNormally I'm all for entertaining whatever criticism anyone has, but this displays exactly the worst aspects of armchair commentary. I don't think you have any understanding of what the situation on the ground was like. 1. What, do you think putting "Don't give up" on a poster in Swartz's office would have helped? 2. In a chess game, you can sacrifice the queen without blinking, but in real life the decision might not be cold and you don't get to make it into a cold decision if you're in the situation. 3. Spoken like someone who will never, ever take a risk or a stand on principle. What you saw was the actions of someone thinking it through! This I think is where your arrogance is most evident, in that you're evaluating someone's strategy in a calm environment without any display of understanding of the pressure the situation creates. 4. You seriously think Aaron didn't fight? You just think he should have fought more? What a nice little opinion you have.
- quipp 12y agoYeah, let's make sure all our children come out of the womb with cost/benefit thinking... Problem solved.
- wmil 12y agoI think the important lesson is that if the prosecutor is being overzealous and you're a sympathetic defendant then you shouldn't be afraid to ignore gag orders and take your case to the press. Lawyers are usually against it. Thier natural impulse is to try to win in the legal system. Angering the judge is a huge risk. But look at the Justina Pelletier case. She'd likely still be in a mental hospital instead of receiving treatment if her father hadn't broken a gag order and gone to the press. Swartz had more than enough supporters to pay his legal bills and rein in the prosecutor. It's a shame that his team decided to follow the gag order.