Plea Bargaining and Torture in Light of the Aaron Swartz case

[Lithos]

http://blogs.law.harvard.edu/philg/2013/01/15/plea-bargaining-and-torture-in-light-of-the-aaron-swartz-case/

An interview with Aaron Swartz‘s defense attorney reveals that, though the government was threatening Aaron with between 30 and 50 years in prison if he went to trial and was convicted, a prison sentence of as little as six months was being discussed as part of a plea bargain (Wall Street Journal; Boston Globe). This reminded me of the classic “Torture and Plea Bargaining” by John H. Langbein (University of Chicago Law Review 1978). Back around 1995 I wrote a summary of Langbein’s paper:


****

Ok, I ignoring the CATO reference part way down, I do agree that this type of structure does result in convictions of innocent people. Structurally it is the exact same type of thing that was conducted against DU by the copyright scammer a year or so back. Threaten you with a huge penalty or admit you are guilty and pay us a commission.

L-

[HiPointDem]

1. kr. i read swartz wouldn't take the plea-bargain either, as it involved confessing to more 'crimes'

he hadn't committed.

he was targeted for his political activism.

[JoeyT]

2. Structurally it's the way the inqusition and witch trials worked.

If you confess to being a witch and name more people, we'll hang you. If you don't confess we're going to torture you until we get bored and burn you alive.

It's a system designed to get confessions from innocent people. Convicting the innocent isn't an unintended consequence, it's the whole purpose.

[ReRe]

3. I highly recommend....

...everyone watch

http://www.DemocracyNow.org

for 1-14-13. Amy had a great show, mostly dedicated to Aaron Swartz. 1/3 of the program was Aaron in his own words at an Illinois University a year or two ago...