Skip to main content

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

Comment Preferences

  •  Read (4+ / 0-)
    Recommended by:
    mrkvica, eXtina, TheMomCat, Agathena

    "Ham Sandwich Nation:Due process when everything is a crime" by Glenn Reynolds

    Abstract:      
    Though extensive due process protections apply to the investigation of crimes, and to criminal trials, perhaps the most important part of the criminal process -- the decision whether to charge a defendant, and with what -- is almost entirely discretionary. Given the plethora of criminal laws and regulations in today's society, this due process gap allows prosecutors to charge almost anyone they take a deep interest in. This Essay discusses the problem in the context of recent prosecutorial controversies involving the cases of Aaron Swartz and David Gregory, and offers some suggested remedies, along with a call for further discussion.
    A very good read.

    "Say little, do much" (Pirkei Avot 1:15)

    by hester on Mon Jan 28, 2013 at 06:01:11 PM PST

Subscribe or Donate to support Daily Kos.

Click here for the mobile view of the site