Essay on The Prosecution and Tragic Death of Aaron Swartz

The behavior exhibited by the founders in intuiting that it was Samarin’s responsibility to load the illegal software, and in creating a financial management environment with an evidenced lack of financial restraint further demonstrates an organizational culture of low accountability and questionable ethical standards.

Within the past few years the criminal justice profession has been looked at in a negative view. Individuals do not like to contact them as they think it will do more harm then good. Police officers are not looked to as if they serve and protect the community, the court systems are either not giving enough of a punishment or giving too much and children are being placed in homes that are much worse then the one they were pulled from. I have heard on multiple occassions how the criminal justice system has

Criminal justice has garnered massive national attention in the past few years in America. Multiple police shootings, the Black Lives Matter movement, and other hot-button issues have occupied the media on a daily basis. This attention has led many Americans to question the integrity and efficacy of the government institution that was designed to uphold the law and seek justice for its people. However, this system is severely damaged and its definition of justice has been perverted and contorted beyond recognition, resulting in unfair and discriminatory treatment of the people it has been sworn to protect.

Indeed, the same states that were clamouring most loudly to bolster the criminal justice system in the mid-1960s were, according to data gathered by the federal as well as state governments, experiencing the lowest crime rate since 1910” (FILIMON, Luiza Maria. 2015. "POLICE PRACTICES IN NEW YORK: BETWEEN RACIAL PROFILING, DISCRIMINATION AND UNCONSTITUTIONALITY." Bulletin Of The Transilvania University Of Brasov. Series VII: Social Sciences. Law 8, no. 2: 189-200.) So why would the president pass a law to enforce crimes even more if the country was facing its lowest crime rates since the 1910. Would the rise of the civil rights movement had a play in this, if so would this explain the increase of

The role the mass media plays in the public perception of Law Enforcement and the Criminal Justice System is potentially important in relation to the viewer’s attitude and beliefs. Does the general public support law enforcement or does the media create a negative perception of the police in the press and on network television? The CSI Effect has gained huge popularity among researchers, what is it; and how does it affects the public’s role in criminal proceedings? In relation to the mass media, how important of a role do common demographic variables such as race and age play a part in the public’s perception of law enforcement?

Katherine Beckett. 1997. Making Crime Pay: Law and Order in Contemporary American Politics, Oxford University Press. Published in the Crime and Public Policy Series, edited by Norval Morris and Michael Tonry.

Aaron Swartz amassed public attention subsequent to his indictment for trespassing and hacking the Massachusetts Institute of Technology (MIT). Pre-indictment, Swartz collaborated on technological issues, including the establishment of Reddit. Activism previous to the MIT hacking led the Federal Bureau of Investigation (FBI) to Swartz’s door, but accusations of criminal conduct were abandoned. Post-indictment and pre-trial, Swartz committed suicide. Speculation of prosecutorial overreach plagued conversations about the suicide. Opinions about Swartz fluctuate, but his death formed a stain on the U.S. Attorney’s Office of Boston.

Has the lack of prosecutorial accountability in the United States grand jury process overextended prosecutorial discretion?

In addition to its theoretical contributions to how we understand criminal justice policy change, however, it is also important to identify significant factors in the policy process for criminal justice policy as well as the settings in which policy is most likely to change. A better understanding of the policy process can facilitate our ability to anticipate rapid and, perhaps, hurried policy change, which may contribute to the passage of policy that is ineffective in addressing public fears and that distracts law enforcement from true threats to public safety.

The purpose of this work is to discuss the relevancy of the court case the United States of America v. Richard D. King, Jr. and the influence it had on future cybercrime cases. A description will be given as to how the Fourth and Fifth Amendments are applied to cybercrimes, as well as an explanation how the Fourth and Fifth Amendments were addressed in this case. Further explanation on how the King ruling may apply to other cases involving computers or other devices that contain electronic evidence is provided.

Back in the late 80’s and early 90’s policing was different than are modern days. Back in the days police officers weren’t wanted. Citizen wanted to have a citizen policing. Police officer were being investigated by other agency such as the feds instead of working together. In the 90’s crime was very low because of the community policing. The crime that wasn’t reducing was abortion many mother didn’t want there child’s. In the late 80’s and early 90’s police officers didn’t have many cases to investigate. Mostly, it was drug users and broken windows. In 1965 president Johnson appointed 19 people to study the American criminal justice system and it was called the president commission on law enforcement and administration of justice. The groups

As mentioned earlier ex post facto relief and disbarment are the two major forms of accountability for prosecutors. These however are not enough as they are seemingly incapably of dealing with these bad apples when they are found. In the Center for Public Integrity study also found that of the 223 prosecutors who have been repeatedly found by the judiciary to have engaged in misconduct only two of them have been disbarred in a period of 33 years; this needs to change. There needs to be an independent review board ideally chaired by officers of the state bar, senior judges, local public advocacy groups, and state law makers to supervise activities performed by prosecutors. This board should have access to a full account of grand jury proceedings, the power to review plea agreements resulting in sentences of over five years, and trial cases for unethical behavior. Intentional Instances of misconduct should result in major consequences ranging from reassignment to disbarment. It should also punish any prosecutor found to have committed three instances of misconduct within a ten year period by removing from office. This board should also be able to suspend the absolute immunity of a prosecutor when it can be demonstratively proven that they knowingly and willingly acted outside the law or ethical

A few problems that arise when the prosecutor has power and discretion, is the fact that they decide what charges to apply to a crime. Citizens desire that prosecutor utilize their "power wisely and justly" (Bohm & Haley, 2014, p. 287). This authority provides the foundation for plea bargaining. Prosecutor utilizes their power to recommend a costly bail, it is used in the charging of the elite with a slap on the wrist, over the less fortunate with the same crime. Prosecutors have "the ability to exercise discretion in each individual case" (Simmons, 2017, p. 502). Prosecutor plus misappropriated power equals problems.

“While elected officials are charged with managing the administration of criminal justice, they always do so with an eye toward politics, and herein lies an important source of the tension between the pursuit of coherent policy

Though the First Amendment protects the freedom of expression [1], not all speech is protected by law.  What if material on the Internet advocates illegal conduct or issues threats of violence?  What if information such as bomb-making instructions helps someone carry out a threat of violence?  As stated in the preceding scenario-report, the controversial website Anarchist Fever inspired amateur anarchist Paul Berkowicz, to build a bomb (with instructions found on the internet) and blow up a federal courthouse.  Obviously, he will be punished for his actions, but the issue now is what will become of the websites that helped him etch his name in infamy?  What can be done about digital conspirators who hide behind free expression?  Often, there can be no direct link established between such websites and physical crimes they inspire.  When deciding about these gray areas of free speech on the internet, we must consider issues such as regulation of the Internet, the extent of free speech, and established legal precedent.  These are the real factors that determine whether or not content of the Internet is objectionable enough to be censored or even criminally punished.