Prof. Bennett Gershman examines the Swartz case and the broad discretion of prosecutors
In his latest column for Huffington Post, Professor Bennett Gershman examines the case of Aaron Swartz, the 26-year-old hacker who committed suicide this month, weeks before he was to stand trial for computer fraud. A former New York City prosecutor, Prof. Gershman examines how the prosecutors in the Swartz case have been vilified in the court of public opinion for “egregious overcharging.”
“Indeed, there are hundreds and hundreds of cases in which prosecutors, as in the Aaron Swartz case, have been accused of this type of arbitrary, vindictive, and tyrannical behavior,” writes Prof. Gershman. “Many of these cases illustrate ways in which a prosecutor uses a vague, broadly-worded, and open-ended statute such as the Computer Fraud and Abuse Act to charge crime.”
The entire column can be read here.