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>Swartz was guilty. Even Lessig's post decrying Swartz' treatment intimates as much.

I didn't read it as such. I read it as Lessig saying that what prosecutors accused him of doing was a crime, but that Swartz may have informed him of contrary facts in confidence which he was not at liberty to disclose.

Moreover, we don't know that someone is guilty until after they have been convicted, right? Swartz was never convicted (and obviously at this point never will be), so he is innocent until proven guilty.

But your point about distinguishing between guilt under the law and moral culpability is well-taken. I much more strongly care to ensure that the sort of thing Swartz was accused of doing not be illegal than care whether Swartz in actual fact did the thing that I believe should not be illegal.

>In fact, rather than being part of the problem, if juries were so emboldened, they could mitigate many of the injustices of our system themselves through the use of jury nullification.

I don't disagree with that, and it isn't the jury I blame for the outcomes, it's the process. As you mention, the Grand Jury hears from only one side in a sealed proceeding. The outcome of that is entirely predictable. And changing it would be quite welcome, but unless and until we change it, we can't assume that as-implemented it works as the theory says it should, contrary to all available evidence.

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