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rscale | 12 years ago

I also find the sentence Aaron faced to be excessive.

For additional context, David Headley received a 35 year sentence for his active participation in the Mumbai bombings which killed 160 people.[1] The median sentence for murder and non-negligent manslaughter in the US (effective 2000) is 24 years, 3 months.[2]

I can't help but find Aaron's prospective punishment to be far more abhorrent than his crimes. It continues to sadden me that MIT used their influence in such a hurtful manner.

[1]: http://www.propublica.org/article/david-headley-homegrown-te...

[2]: http://www.bjs.gov/content/pub/ascii/Fssc00.txt

discuss

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rayiner|12 years ago

There is no sensible way in the U.S. to talk about a sentence without reference to the Sentencing Guidelines. Any number not based on the guidelines is effectively fiction.

If he got more than the one or two years guideline range they would be in danger of being overturned on appeal. That's still excessive of course. The CFAA is a misdemeanor, and the provision allowing it to be enhanced to a felony in conjunction with another crime is misguided.

pdonis|12 years ago

It continues to sadden me that MIT used their influence in such a hurtful manner.

I don't think this is a fair description; it would be fairer to say that MIT failed to use its influence in a helpful manner. (Even then I'm not sure it would have made a difference; it seems to me that the prosecutors were intent on "getting" Swartz and weren't listening to reasonable arguments for backing off.)

Jormundir|12 years ago

Whether it would have made a difference or not, the institution had the chance to act for what was right, and they did not.

ajays|12 years ago

"Evil triumphs when good people do nothing"

mathattack|12 years ago

It is tough to comment on MIT, since there may be parts of their side of the story that we don't know. On the surface, it is hard to view 35 years as anything but excessive. It is certainly well above anything that fits the crime, and anything needed as a deterrent.