The Corner

A Good Idea


If it’s true that Swartz was offered a 6-month deal, as the prosecutor’s husband says, it’s support for one of the reform suggestions I make in my Due Process When Everything Is A Crime article: Requiring that all plea deals offered by the prosecution be disclosed to the jury if the case goes to trial. Let the jury wonder why if they were willing to settle for 6 months, they’re now asking, say, 35 years. 34 1/2 years in jail is a high price for putting the government to the trouble of trying a case.

Indeed it is. And a jury should know that.


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