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View Diary: Aaron Swartz Was Going Home With a Slap On The Wrist. Then The Feds Got Involved (274 comments)

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  •  Plea bargains are the problem, (11+ / 0-)

    in addition to the inherent absurdities of the awful CFAA.

    Instead of killing himself, I wish he'd publicized the plea bargain, fought the charges, and if he were convicted and sentenced to more than a year in jail, taken it all the way to the Supreme Court.

    Plea bargains of this nature, where there is such a disparity between the possible punishment for a crime and the bargain offered, take away your fundamental right to defend yourself in court — not just about the punishment, but about the facts. That can't possibly be constitutional, and we need a test case. I bet there's already some bad case law that says otherwise, but that doesn't mean a good test case wouldn't be able to overturn it at the right time, with the right judges.

    •  Unfortunately it has already been ruled that (1+ / 0-)
      Recommended by:

      massive consecutive sentences are not a violation of the 8th amendment regardless of how long they are.  So yes, you can get life in prison for the CFAA or even just copyright violations and there is nothing unconstitutional about it.

      You have watched Faux News, now lose 2d10 SAN.

      by Throw The Bums Out on Tue Jan 29, 2013 at 07:59:33 AM PST

      [ Parent ]

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