Aaron Swartz decided it wasn't worth fighting the good fight. I hate to speak ill of the dead, but it was his decision to give up, not his defense team's. It is very difficult to call someone who commits suicide a Martyr. I'm sorry, but that is how it is.
No one knows how Aaron Swartz's case could have ended up. All we know is that he gave up... in the way that hurt his friends and family the most.
Prosecutors push for the maximum because we have an adversarial system in the USA. It is the prosecutor's job to push for the worst, and it is the Judge / Jury's job to decide when the prosecutor has gone too far. It is the defense team's job to argue against the prosecutor.
No one knows how Aaron Swartz's case could have ended up. All we know is that he gave up... in the way that hurt his friends and family the most.
Prosecutors push for the maximum because we have an adversarial system in the USA. It is the prosecutor's job to push for the worst, and it is the Judge / Jury's job to decide when the prosecutor has gone too far. It is the defense team's job to argue against the prosecutor.
If you don't know what an "adversarial system" is, start here: http://en.wikipedia.org/wiki/Adversarial_system
It is the Judge and jury's job to give the correct sentence, not the prosecutor's job.