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Justice

As NYPD Stop-And-Frisks Drop, So Does Crime

The number of stop-and-frisks performed by the New York Police Department dropped in the first three months of 2013, and so did the city’s crime rate, according to new data from the New York City Council. The statistics come as the NYPD’s aggressive use of stop-and-frisk is under review in a major lawsuit challenging the practice’s constitutionality. Plaintiffs allege an expansive and racist use of police stops has been applied without legal justification, subjecting vast swaths of the city’s young African American and Hispanic men to invasive frisks, unwarranted searches, and detention at police centers for alleged minor crimes, often marijuana possession.

The latest statistics represent a continued slow decline in stops since the practice has come under fire, but the stops continue to have a severe disproportionate effect on minorities. The Wall Street Journal reports:

The number of stop-and-frisk reports filed by New York City police fell 51% in the first three months of this year compared with the same period last year. […]

From Jan. 1 through March 31, officers conducted 99,788 stop and frisks, compared with 203,500 during the same period in 2012, according to New York Police Department data. It wasn’t clear how many of those encounters resulted in a subject being frisked after a stop.

They also showed that the reduced stops in the first quarter of 2013 resulted in a 43% decline in weapons recovered compared with the same period in 2012.

Overall crime is also down 2.7% this year through April 28 with murders leading the way with a 30% decline compared with the same period last year, police data show. […]

Data from the first quarter of this year has been consistent with previous years: Black and Hispanic people accounted for the vast majority of stops.

African-Americans were the subjects of 56% of the stops and were 65% of the violent-crime suspects identified by alleged victims, according to the NYPD data. Hispanics were the subjects of 30% of stops and were 27% of violent-crime suspects.

Officers testifying during the weeks-long trial on the policy have revealed that they were told to target young, black men, and expected to meet monthly quotas for stop-and-frisks and arrests.

Police argue that the stop-and-frisk policy is necessary to ensure public safety. But the New York Civil Liberties Union is pointing out that the drop in crime — particularly murder – weighs heavily against the argument that more frivolous stops means more safety. Last month, Mayor Michael Bloomberg (I-NY) blasted the NYCLU for its advocacy to reform stop-and-frisks, calling the civil rights group “extremists” akin to the NRA.

(HT: Capital)

Alyssa

What The Internet Fame Of Cleveland Hero Charles Ramsey Tells Us About Race, Trust, And Community

Over the past several days, we’ve heard a great deal, about the happy (if you can call the tend of ten years of torment straightforwardly happy) ending to a horrific triple—or maybe quadruple—kidnapping in Cleveland, and the man who brought it about. Charles Ramsey, who lived near the house in which Amanda Berry, Michelle Knight, and Gina DeJesus were held, raped, and tortured for a decade, became a hero when he responded to Berry’s calls for help, thinking he was intervening in a simple domestic violence incident. And he has become an internet celebrity thanks to an interview he gave about the case afterwards. The speed with which the latter status has eclipsed the former has been striking, and raised interesting and important questions about our willingness to turn people of color into memes rather than heroes.

At NPR, Gene Demby points out that the ways in which men like Ramsey become memes, and the grounds on which they’re treated as if they’re likable, are reductive rather than respectful, cute rather than heroic—and when those images crumble, the credit we extend to them and the rewards that follow tend to disappear:

But race and class seemed to be central to the celebrity of all these people. They were poor. They were black. Their hair was kind of a mess. And they were unashamed. That’s still weird and chuckle-worthy.

On the face of it, the memes, the Auto-Tune remixes and the laughing seem purely celebratory. But what feels like celebration can also carry with it the undertone of condescension. Amid the hood backdrop — the gnarled teeth, the dirty white tee, the slang, the shout-out to McDonald’s — we miss the fact that Charles Ramsey is perfectly lucid and intelligent.

And at Slate, Aisha Harris breaks down the ways in which the “memorable soundbites” uttered by people like Ramsey or Antoine Dodson becomes the most memorable thing about them, rather than the acts that brought them to public attention in the first place. She writes:

It’s difficult to watch these videos and not sense that their popularity has something to do with a persistent, if unconscious, desire to see black people perform. Even before the genuinely heroic Ramsey came along, some viewers had expressed concern that the laughter directed at people like Sweet Brown plays into the most basic stereotyping of blacks as simple-minded ramblers living in the “ghetto,” socially out of step with the rest of educated America. Black or white, seeing Clark and Dodson merely as funny instances of random poor people talking nonsense is disrespectful at best. And shushing away the question of race seems like wishful thinking.

I think both Harris and Demby are correct, and that it’s worth sorting out both a conscious and unconscious set of impulses that are at work in meme-ifying people in these particular circumstances.
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Alyssa

‘Veronica Mars’ Television Club: National Black Velvet And Urkel

This post discusses episodes 13 and 14 of the first season of Veronica Mars.

“I thought being a private eye was about shooting dudes and making out with sexy widows,” Wallace teases Veronica in “Lord of the Bling,” the thirteenth episode of the first season of Veronica Mars. “The widows come later,” Veronica promises him, but these two episodes of the show are about what happens when people refuse to conform to the tropes that they’ve been assigned to. First, there’s Bryce Hamilton, the son of Percy “Bone” Hamilton, a hip-hop producer, who sets up an elaborate scheme to prove to his father that being good at science doesn’t mean he’s “soft.” And in the second, there’s Carrie, “the gossip queen of Neptune High,” who uses her acute understanding of the high school rumor mill to take the brunt of a student-teacher relationship scandal for the girl who really got pregnant, an act of courage that demonstrates how Veronica, who normally keeps her detective’s toolkit sharp and clean, succumbs to bias when her own social milieu is the subject of an investigation that rubs up against her own sore spots.

“Lord of the Bling” traffics fairly heavily in stereotypes, but it gets away with its cliches with some deft attention to the extent to which stereotypes are useful to the people that embody them and to code-switching, and by making those stereotypes the subjects of the case itself. “You know that boy could stand to get hit in the head with a dodge ball or two. Toughen him up,” sighs Percy when we first meet him, signing a waiver that will let Bryce get out of physical education so he can pursue an independent study in science. “How did a man like me end up with National Black Velvet and Urkel?” Percy’s identity, as we’ll learn throughout the episode, is a creation rather than a natural outgrowth of his personality. “He didn’t advertise the fact that much of his success was due to his comfortably upper-middle-class Jewish attorney,” Mr. Bloom tells Keith Mars. Later, Yolanda, Percy’s daughter, whose disappearance is what prompts Percy to seek Keith out to look for her, explains that she’s disgusted by the way her father treated the drive-by shooting that left Mr. Bloom using a wheelchair. “You let everyone believe you ordered it because it gave you cred,” she tells him, after running off with Mr. Bloom’s son. His wife even teases him in the opening about his insistence that Bryce isn’t tough enough. “And the street was tough and you lost a lot of homies. But this is Neptune,” she tells her husband, suggesting that Percy is clinging to a trope that may have outlived its usefulness for his family.

But clearly, Percy’s attachment to that stereotype has done real damage to Percy’s family. Bryce—though he turns out to be the architect of the ransom demand for Yolanda—is bitter that his father is resorting to a private detective, rather than calling the police, a gesture he believes is meant to protect Percy’s reputation as not cooperating with the cops, rather than to expedite the search for Yolanda. “He’s been in jail a third of my life, but I’m the embarrassment? State science fair winner three years in a row but I’m the one that’s soft,” he tells Veronica, in what turns out to be the motivation for his hoax. When Veronica and Keith catch Bryce and march him back to his father to explain, Bryce tells Percy, “You can be mad, Dad. But you can’t call me soft.”
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Alyssa

Do Anti-Hero Dramas Make Us More Interested In Understanding Real-World Killers?

Over at Slate, Joanna Weiss has a piece about the fascination with Dzhokhar Tsarnaev that strikes me as working a bit backwards. She argues that anti-hero dramas have convinced us that we can understand mass killers:

We can’t fathom how a pot-smoking 19-year-old, widely liked by teachers and classmates, could place a bomb in a backpack a few feet away from an 8-year-old child. And so we look at his path from slacker teen to calculating killer and assume that it had some discernible arc, one that passed through some series of formative events. We imagine that his actions were preventable, if only something had gone differently or someone had intervened…

Tony had a psychiatrist to guide him—and us—through the process. But in plenty of Sopranos successors, it’s the show’s writers who connect the dots for us, helping the viewer process how a likable guy can do terrible things. Showtime’s Dexter is a serial killer because of the bloody trauma he witnessed as a child. On AMC’s Breaking Bad, a cancer diagnosis launches Walter White on the road from mild-mannered teacher to vicious drug kingpin. In the recent Mad Men season premiere, Matthew Weiner seemed to draw a straight-line between Don Draper’s womanizing ways and the time he spent in a whorehouse as an impressionable child, glimpsed in a flashback. And on Homeland, Brody becomes a true-believing terrorist—for one season, at least—after a child he loves is killed in a U.S. drone strike.

The thing is, fascination with mass killers—or really criminals of any kind—dramatically pre-dates the rise of the anti-hero drama. David Berkowitz, who confessed to the Son of Sam killings, was the subject of immense media speculation, and participated in it by writing about his motives for the New York Post. President Nixon accused the mass media of an unproductive obsession with Charles Manson, and Manson violated a gag order placed on him during the trial. Former Mafia underboss Sammy Gravano did an interview with Diane Sawyer and wrote a book about his work for the mob. Lots of killers have been eager to make themselves understood, and judging by the followers they’ve attracted, the ink columnists have spilled on them, and the armchair speculation the public has always engaged in about them, we’ve always been eager to engage in that project with them.

What I think anti-hero dramas actually do is engage with a different set of questions, namely, how people doing extraordinarily deviant things manage to conceal their actions from the other people in their lives, and how people who are friends or family of people who turn out to be terrorists or killers manage to overlook clear warning signs that the people they love have strayed far from the norms of human behavior. Tony Soprano, to a certain extent, lives out in the open, in part because mobsters have a certain cultural capital and system of plausible deniability that serial killers or terrorists lack. And Carmela Soprano knows who she married, but ultimately can’t resist the fur coats and the ability to purchase social status that marriage to Tony provides her. On Dexter, Deb’s love for her brother helps her overlook his oddities, but her skills as a detective help her understand what he is, and when she finds out, she has a reaction that’s perhaps more appropriate than any other anti-hero’s wife or family member: she vomits. Breaking Bad follows what’s perhaps the most realistic trajectory for an anti-hero’s wife: Skyler White sees that things are strange with her husband, but she can’t actually figure out what’s going on because it’s genuinely beyond her conception that her husband could be cooking meth. Once she learns the truth, she dallies with the idea of participation in Walt’s crimes until she fully understands what he’s become: then, she stays out of fear.

We’re all familiar with the idea that people’s minds can decay, that ideological and political grievances can turn toxic, that profit can induce otherwise unimaginable human behavior. I don’t actually think that confuses us much, even if we’re fascinated by the case-by-case specifics. But the real mystery—and the thing that scares us most because while almost none of us believe we’re at risk for becoming sociopaths, I’d imagine all of us are afraid that we’re being fooled—is the people who miss the signs or who know and stay. We may thrill to get in Tony Soprano or Walter White’s head because it feels naughty and exciting. But the parts of anti-hero dramas that really scare us are the ones that are potentially about ourselves.

Alyssa

What Would It Mean For ‘Breaking Bad’ To Have a “Victorious” Ending?

Given how much—well, pleasure, might not be the right word—excellence he’s given us over the past five years, Breaking Bad creator Vince Gilligan is probably entitled to heighten our anticipation as the show heads into its final eight episodes this summer. Yesterday, he gave the Daily Beast the first sense we’ll probably get of what the finale might be like:

“Anyone anxious that there won’t be resolution enough at the end of these eight episodes can rest assured that the story very much reaches resolution,” Gilligan said Monday in his most extensive comments on the Breaking Bad finale to date. “It will not end in any kind of open-ended sense.”

Speaking from Los Angeles, where he was busy editing the final batch of episodes—”We’re about halfway through,” he explained—Gilligan struggled to “say something of substance” about the end of Breaking Bad without “giving anything away.” After much hemming and hawing, he finally settled on a single word to describe the finale: “victorious.”

“I’ll say this much,” Gilligan began. “I’m surprised by how victorious, in a certain sense, the ending feels to me.”

Obviously that’s not much to go on. But victory isn’t an uncommon emotion to Breaking Bad—it’s just that what those victories mean in the context of the show has changed over the years. When Walter White, the show’s chem-teacher-turned-meth cook survived his initial encounters with the violent criminals who run the Albuquerque-area drug trade, it was easy to root for him over them, and to be relieved that he was still alive to build his legacy for his family, and to hope that once he’d done his share of damage to public health and safety, he’d retire to a more decent end of his life. But as Walt’s own sense of right and wrong let him do things like watch an addict choke to death on her own vomit, it was harder to root for him relative to other characters on the show. By the time he blew Gus Fring, his boss in the meth business, to high heaven at the end of the fourth season, and was revealed to have poisoned a small child, the impressiveness of Walt’s technical prowess and the means to which he put it were no longer in alignment. It was easier to root for Gus, a man who had no compunction about slitting an employee’s throat with a box cutter or poisoning an entire cartel, than for the disappointed family man in the tighty whities.

So what would a victorious end to Breaking Bad look like. It could end in Walter White’s triumph and our utter despair. Though if that were the case, we wouldn’t have gotten Walt alone on his birthday making numbers out of bacon and a gun in the trunk of his car his only present. And the ending of last season, in which Walt sits back to launder his millions and throw family barbecues, his browbeaten wife reconciled to him, his son and daughter home might have been the place to stop, with a searing portrait of the rot that underlies his particular American dream, might have been the better place to stop. But it might also be too simple for Breaking Bad to turn out to be a classic morality tale told from the perspective of the villain rather than an anti-hero drama, and for Walt’s brother-in-law, Hank, to put him away or put him down. Death in a gun battle seems too fair for Walter White, and time to reflect on his megalomania in jail seems unlikely—under those circumstances, it seems like Walt might use his technical prowess to hack the prison and let Heisnberg rule over his fellow inmates, rather than recognize the enormity of his crimes. Maybe Walt will win by losing, his cancer coming back and denying anyone the satisfaction of imprisoning him or fully unraveling his schemes.

And the truth is at this point, Walter White’s victory over both his physical disease and the corruption of his ego don’t matter very much to me. Real triumph to me would be Jesse Pinkman finding a way to make a live with Andrea and Brock, having taken away from his time with both Walt and Mike that he has actual capacities, and finding a role for himself as something other than predator or prey. Victory would be Skyler White finding a way to make good, to protect her family, and in some way make recompense to Ted, her boss, who ended up crippled by Skyler’s fling with criminality. It might even be Marie and Hank finding a way to have a child after years of infertility, or Holly, Walt and Skyler’s daughter, growing up safe and under circumstances where she sees Scarface at an appropriate age. If the true source of Walter White’s criminality isn’t cancer but a need for greatness, maybe happy normality is the real victory.

Alyssa

Would Dzhokhar Tsarnaev Profit From A Movie About The Boston Marathon Bombings?

As the manhunt for Dzhokhar Tsarnaev unwound last Friday, one of the most common anxious jokes I heard was that when it was all over over, Ben Affleck, who grew up in the Boston area and made his bones with movies like Good Will Hunting, Gone Baby Gone, and The Town was going to walk away with an armload of Academy Awards for whatever movie he inevitably makes about the Boston Marathon bombing—and bombers. Over at the Hollywood Reporter, Eriq Gardner explain that it’s possible that Tsarnaev, who is recovering from serious injuries and has been indicted on charges of weapons of mass destruction use and malicious damage of property resulting in death, could try to hire an entertainment lawyer to negotiate the sale of his life rights, or to block a movie about him altogether:

Massachusetts is among many states these days that has a “right of publicity” law. This statute prevents unauthorized commercial use of an individual’s “name, portrait or picture.” Further, the law is described as similar to one enacted in New York, which is important because in a rather unprecedented move a few weeks ago, a New York judge temporarily blocked Lifetime Television from airing a movie about convicted killer Chris Porco after the subject sued. But the judge’s restraining order was stayed after Lifetime cried about the potential disaster to free speech.

For that reason, it’s almost guaranteed — although not totally because Massachusetts has no appellate case law on the topic — that Tsarnaev wouldn’t be able to stop any production company from making a movie about his life.

He makes clear that it would be hard for Tsarnaev to block a project entirely, or to guarantee that he got paid: courts have tended to side with filmmakers on free speech grounds, though some criminals and accused criminals have won the right to some compensation from projects that retell their stories. But the entire scenario raises uncomfortable questions about what it takes to lock down the rights to a good story in Hollywood. Would someone decide it’s worth it, even if it meant paying someone who is accused of killing and maiming dozens of people? And would they pay up if the money had to go to a compensation fund rather than to Tsarnaev himself, an arrangement that would be the equivalent of paying bombing survivors for their injuries, especially given the steep medical costs many of them are facing, and the fact that donations may not be enough to cover all of their needs? I hate the idea of seeing Tsarnaev get paid for the harm he’s caused the Boston area over the past two weeks. But as a moral exercise, I’m grimly curious what kind of price Hollywood would put on his story.

Security

5 Things Happening In Africa That Aren’t Oscar Pistorius

South African Olympic runner Oscar Pistorius was released on bail this morning following the shooting death of his girlfriend, and the cable news networks devoted the vast majority of their coverage to the hearing. CNN alone spent 192 minutes in total on the story between 5:00 AM to 10:00 AM, broadcasting for three hours without a single commercial break. The network maintained a constant box on the side of its screen alerting viewers to the imminent bail hearing.

And while the Pistorius case has scandalous appeal, there are other real important news stories in Africa that the networks routinely ignore. Here are just five things happening on the African continent that have nothing to do with the Olympian’s trial:

1. U.S. sending troops to Niger.

President Obama announced in a letter to Congress that he will be deploying 100 troops to Niger, to help aid in the ongoing operations against Islamists in Mali. According to the Associated Press report on the letter, the troops will be armed “for the purpose of providing their own force protection and security,” and focus on “intelligence sharing.” This is the second such deployment that Obama has made in recent years; 100 military advisers were sent to Uganda in 2011 to aid in the hunt for wanted war-criminal Joseph Kony.

Transference of military resources to the African continent has become a hallmark of Obama’s foreign and counter-terrorism policies, as groups like Boko Haram, the Lord’s Resistance Army, al-Shabaab, and Al Qaeda in the Islamic Maghreb have taken on more threatening postures towards U.S. interests. The United States and Niger recently signed an agreement that would allow for the opening of a base for unmanned aircraft — or drones — to be piloted for surveillance purposes.

2. There’s a war in Mali.

The fighting in Mali continues apace, despite French claims that they will begin withdrawing troops in the coming weeks. France intervened in the fight between the Malian government and several rebel groups in January, sending U.S. and European allies scrambling to provide support for the operations. While almost all towns in Mali’s north have been retaken by the government, low-levels of fighting flare up periodically.

Complicating matters are claims of atrocities — mostly in the form of “reprisal killings — committed by the Malian Army against minorities. The International Criminal Court in the Hague has already launched an investigation into potential war-crimes committed during the course of the last year’s fighting,

3. Sales of elephant ivory are fueling terrorism.

The poaching of elephants and rhinos for their ivory is a real security threat to the United States according to a State Department official. Robert Hormats — who serves as Under Secretary of State for Economic Growth, Energy, and the Enviroment — gave an interview with AllAfrica.com, in which he agreed that ivory counts as a ‘conflict resource.’ Organized groups, like al-Shabaab and the janjaweed militia in Sudan, kill large numbers of animals, sell off the ivory illegally, and use the purchases to buy more weapons for themselves.

The majority of that ivory is being sold to China, as much as 70 percent as reported by the New York Times.

4. Africa’s economic boom.

“Seven of the ten fastest growing countries are on the African continent,” Secretary of State John Kerry declared Wednesday, in his first major speech since taking on the role. Each of those seven countries — Ethiopia, Mozambique, Tanzania, Congo, Ghana, Zambia, and Nigeria — had projected growth rates of 8 percent or more in 2011 according to the International Monetary Fund. In comparison, last year the U.S. economy grew by around 2 percent. By 2030, the continent is set to boast a middle-class majority for the first time, as poverty drops. All of that growth may not correspond to happiness though — as The Economist points out, not many of the fastest growing economies currently rank among the best places to live.

5. Elections looming in Kenya.

2007’s Presidential elections in Kenya led to the death of thousands as neighbors clashed over the outcome of a disputed vote. Only the diplomatic intervention of former U.N. Secretary-General Kofi Annan helped stanch the flow of blood at the time, prompting serious concerns over the pending March 4 elections. This year’s coming elections – in which one of those running have been indicted by the ICC for helping promote violence in 2007 – have the potential to launch another violent struggle between ethnic groups in the East African country. President Obama has already issued a video statement to the people of Kenya ahead of the first round of voting, urging calm and faith in the democratic process. Meanwhile, the State Department’s Conflict and Stabilization Operations Bureau has been working for months with the local government to prevent another outpouring of violence.

Justice

GOP Montana Legislator Wants State To Spank Criminals

Montana State Rep. Jerry O’Neil (R) is sponsoring a bill to allow defendants to “bargain with the court” to receive “corporal punishment in lieu of incarceration.” The bill would apply to not just misdemeanor crimes, but also felonies — though the bill requires that the “exact nature of the corporal punishment to be imposed” be “commensurate with the severity, nature, and degree of the harm caused by the offender.”

John S. Adams, who covers the Montana legislature for the Great Falls Tribune, wrote : “The measure is already raising eyebrows and is sure to catch the attention of those on the lookout for ‘bat crap crazy’ legislation this session. Republican leadership has been doing its best to tamp down any potential bills the other side might use to embarrass the GOP as they work to craft a budget. This one apparently didn’t get tamped.”

Then-Gov. Brian Schweitzer (D) observed, in a 2011 interview, that some Montana legislators “draft bills just to get an effect from the people,” but “unfortunately, it kind of makes some of them look bat-crap crazy.”

O’Neil, a long-time state lawmaker, has been the subject of controversy in the past: last November he requested to receive his legislative salary in gold and silver, incorrectly interpreting a provision of the U.S. Constitution that prevents states from minting their own paper currency. More recently, he said that the Newtown, Connecticut tragedy “came at an opportune time” for U.S. Sen. Dianne Feinstein (D-CA), she has been working on an assault weapons ban for years.

Justice

U.S. Attorney Defends Her Office’s Conduct In Aaron Swartz Case

U.S. Attorney Carmen Ortiz

U.S. Attorney Carmen Ortiz, who oversaw the prosecution of the late Internet activist Aaron Swartz, released a statement yesterday defending her office’s decision to pursue a long list of felony charges against Swartz for his efforts to download and make public a paid database of scholarly articles. Had Swartz received the maximum penalties for the charges he faced, he would have spent many decades in federal prison. Nevertheless, Ortiz says that her office never truly pushed for such a stiff punishment:

The career prosecutors handling this matter took on the difficult task of enforcing a law they had taken an oath to uphold, and did so reasonably. The prosecutors recognized that there was no evidence against Mr. Swartz indicating that he committed his acts for personal financial gain, and they recognized that his conduct – while a violation of the law – did not warrant the severe punishments authorized by Congress and called for by the Sentencing Guidelines in appropriate cases. That is why in the discussions with his counsel about a resolution of the case this office sought an appropriate sentence that matched the alleged conduct – a sentence that we would recommend to the judge of six months in a low security setting. While at the same time, his defense counsel would have been free to recommend a sentence of probation. Ultimately, any sentence imposed would have been up to the judge. At no time did this office ever seek – or ever tell Mr. Swartz’s attorneys that it intended to seek – maximum penalties under the law.

First of all, everyone interested in this case should read Orin Kerr’s thoughts on Ortiz’s conduct. As Kerr correctly explains, most judges follow the Federal Sentencing Guidelines, not the statutory maximum sentences, when it comes time to determine a convicted defendant’s punishment. The Guidelines called for a much shorter sentence than the 50 or more year maximum sentence Swartz theoretically could have received. Kerr estimates that Swartz would have received, at most, “a few years in jail if he went to trial.”

Nevertheless, while Ortiz’s statement that her office neither sought nor told Swartz’s legal team that they would seek a fifty year prison term may be technically true, the idea that Swartz faced decades in prison didn’t exactly spring Athena-like from the heads of liberal bloggers — it came from Ortiz’s own press release. Shortly after the indictment against Swartz was unsealed, Ortiz’s office bragged to the press that “SWARTZ faces up to 35 years in prison, to be followed by three years of supervised release, restitution, forfeiture and a fine of up to $1 million” if convicted of the charges against him. The charges against Swartz were later amended to include additional counts that brought the maximum possible sentence above 50 years.

So prosecutors probably never told Swartz’s attorneys that their client faced nearly an entire lifetime behind bars. But it is impossible to imagine the dread Swartz must have felt upon reading his own name followed by the words “faces up to 35 years in prison.” A man consumed by fear that he could spend his adult life in prison is in no position to think rationally when a prosecutor — backed by the full power of the United States of America’s monopoly on the use of legitimate force — offers him the opportunity to instead be able to love and live and form a family someday if he signs on the dotted line and agrees to a much shorter jail term. There is little doubt that Ortiz knew this, or that her office did not intentionally pile charge after charge against Swartz in the hope that the full weight of them would cause him to break in a plea negotiation.

And this tactic of intimidation stretches far beyond Ortiz’s office. The sad truth is that this tactic is a common tool wielded by prosecutors — it is just more often broken out against small-time criminals with few resources and no access to the press. As Kerr notes, “[w]hat’s unusual about the Swartz case is that it involved a highly charismatic defendant with very powerful friends in a position to object to these common practices.” If Ortiz’s actions were wrong when applied to an Internet pioneer with famous friends, then they are even more wrong when applied to a minor drug offender whose only lifeline is a public defender he just met.

Justice

Aaron Swartz Faced A More Severe Prison Term Than Killers, Slave Dealers And Bank Robbers

On Friday, Internet pioneer and open information activist Aaron Swartz took his own life at the age of 26. At the time of his death, Swartz was under indictment for logging into JSTOR, a database of scholarly articles, and rapidly downloading those articles with the intent to make them public. If Swartz had lived to be convicted of the charges against him, he faced 50 years or more in a federal prison.

To put these charges in perspective, here are ten examples of federal crimes that carry lesser prison sentences than Swartz’ alleged crime of downloading academic articles in an effort to make knowledge widely available to the public:

  • Manslaughter: Federal law provides that someone who kills another human being “[u]pon a sudden quarrel or heat of passion” faces a maximum of 10 years in prison if subject to federal jurisdiction. The lesser crime of involuntary manslaughter carries a maximum sentence of only six years.
  • Bank Robbery: A person who “by force and violence, or by intimidation” robs a bank faces a maximum prison sentence of 20 years. If the criminal “assaults any person, or puts in jeopardy the life of any person by the use of a dangerous weapon or device,” this sentence is upped to a maximum of 25 years.
  • Selling Child Pornography: The maximum prison sentence for a first-time offender who “knowingly sells or possesses with intent to sell” child pornography in interstate commerce is 20 years. Significantly, the only way to produce child porn is to sexually molest a child, which means that such a criminal is literally profiting off of child rape or sexual abuse.
  • Knowingly Spreading AIDS: A person who “after testing positive for the Human Immunodeficiency Virus (HIV) and receiving actual notice of that fact, knowingly donates or sells, or knowingly attempts to donate or sell, blood, semen, tissues, organs, or other bodily fluids for use by another, except as determined necessary for medical research or testing” faces a maximum of 10 years in prison.
  • Selling Slaves: Under federal law, a person who willfully sells another person “into any condition of involuntary servitude” faces a maximum prison sentence of 20 years, although the penalty can be much higher if the slaver’s actions involve kidnapping, sexual abuse or an attempt to kill.
  • Genocidal Eugenics: A person who “imposes measures intended to prevent births” within a particular racial, ethnic or religious group or who “subjects the group to conditions of life that are intended to cause the physical destruction of the group in whole or in part” faces a maximum prison term of 20 years, provided their actions did not result in a death.
  • Helping al-Qaeda Develop A Nuclear Weapon: A person who “willfully participates in or knowingly provides material support or resources . . . to a nuclear weapons program or other weapons of mass destruction program of a foreign terrorist power, or attempts or conspires to do so, shall be imprisoned for not more than 20 years.”
  • Violence At International Airports: Someone who uses a weapon to “perform[] an act of violence against a person at an airport serving international civil aviation that causes or is likely to cause serious bodily injury” faces a maximum prison sentence of 20 years if their actions do not result in a death.
  • Threatening The President: A person who threatens to kill the President, the President-elect, the Vice President or the Vice President-elect faces a maximum prison term of 5 years.
  • Assaulting A Supreme Court Justice: Assaults against very senior government officials, including Members of Congress, cabinet secretaries or Supreme Court justices are punished by a maximum prison sentence of just one year. If the assault “involved the use of a dangerous weapon, or personal injury results,” the maximum prison term is 10 years.

It should be noted that Swartz faced such a stiff sentence because prosecutors charged him with multiple federal crimes arising out of his efforts to download and distribute academic papers. Similarly, a person who robbed a bank, sold a slave, and then rounded out their day by breaking Justice Scalia’s nose would also risk spending the next 50 years in prison, just like Aaron Swartz did.

Indeed, if Swartz’s story reveals anything, it is the power of prosecutors to pressure defendants into plea bargains by stringing multiple criminal charges together and threatening outlandish prison sentences. Whatever one thinks of Swartz’s actions, which were likely illegal and probably should be illegal, it is difficult to justify treating him as if he were a more dangerous criminal than someone who flies into a rage and kills their own brother.

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