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When does prosecutorial zeal go too far?

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    Doug McKelway reports

  • Duration 1:54
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Before Aaron Swartz committed suicide federal prosecutors had charged with thirteen counts of wire and computer fraud.

Enough to put him behind bars for 35 years more than many murder defendants face.

All for illegally downloading millions of academic documents that were available for -- -- that the MIT library.

It's become retained for.

Prosecutors.

When they decide to indict to -- on every conceivable.

Charge you could possibly.

Stretch the -- somehow.

To interpret as applicable to the conduct they're going after.

Prosecutors deliberately.

Bring out these kitchen sink indictments -- -- charge people with a lot of crimes as a way to pressure people in the taking a plea deal and the promise prosecutors have no skin in the game it just doesn't matter for them.

Defenders who choose trial.

Are further squeezed at both ends of the justice system first by grand juries which often rubber stamp the prosecution's case.

The port doesn't do enough with the groin injuries to explain to them what -- -- to do and to do their own policing.

Of -- injuries and what happens it's -- -- to prosecutor and later by sentencing guidelines which limited judge's leniency no matter how sympathetic a defendant.

The price you pay for that is that you are likely to want -- -- -- a much heavier sentence prosecutors do have discretion to bargain with the defendant without coercive plea bargains.

You get a little limited immunity you you tell will come and talk to me we won't use your statements against you but it's a tactic that ambitious prosecutors often shun.

If you strive for higher office or rewarded by being soft on crime.

Prosecutors chase the numbers I think that's one way they are measured and evaluated so pressuring people who -- plea bargain that -- -- a conviction.

Make the numbers look good.

Professor Reynolds proposes a novel solution a form of lose your pace where prosecutors would be obligated to pay court costs for charges that are dismissed.

Or lost in Washington -- -- Callaway Fox News.

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