What is zealous prosecution

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They also generally will not ask a client directly whether they committed the crime, preferring to focus on the legal aspects of the case instead. Last reviewed October Criminal Law Contents. Criminal Law. Aggravating and Mitigating Factors in Criminal Sentencing.

Restitution for Crime Victims. Receiving Immunity for Testimony in a Criminal Case. Classification of Criminal Offenses.

Alcohol Crimes. Parole and Probation. Expungement and Sealing of Criminal Records. Offenses Included in Other Crimes. Derivative Responsibility for Crimes. Aaron Swartz was mistreated by the criminal-justice system, but no more than the countless less-famous defendants who'd benefit from these reforms.

Federal prosecutors are facing unusual scrutiny of the tremendous power that they wield after the suicide of Aaron Swartz. The open-Internet activist was threatened with decades in prison if he contested charges that he used MIT's computer network to illegally download millions of academic papers.

Senator John Cornyn is pressing for an investigation into whether the U. Attorney's Office in Boston inappropriately targeted the year-old Reddit co-founder. Darrell Issa, chairman of the House Oversight Committee, wants to look into the case too. Said Rep. Zoe Lofgren , "I think the Department of Justice was way out of line on the case.

But as legal scholar Orin Kerr points out , the hardball tactics used against Swartz are "business as usual in federal criminal cases around the country -- mostly with defendants who no one has ever heard of and who get locked up for years without anyone much caring. Its title, "Ham Sandwich Nation: Due Process When Everything Is a Crime," alludes to a common saying --that a good prosecutor can get a grand jury to indict a ham sandwich. There's truth in that quip, Reynolds argues, and that's problematic: Grand juries are supposed to meaningfully check overzealous prosecutors.

How to afford Americans more meaningful due process and protect them against prosecutorial overreach? In the balance of the paper, Reynolds sets forth five possible legal reforms:.

The paper itself is more detailed, but short enough to read in a few minutes.