
"The average professional in this country wakes up in the morning, goes to work, comes home, eats dinner and then goes to sleep, unaware that he or she has likely committted several federal crimes that day... Why?" This book explores the answer to the question, reveals how the federal criminal justice system has become dangerously disconnected from common law traditions of due process and the law's expectations and surprises the reader with its insight.
Sure, when the state wants you, they'll get you. Read Three Felonies a Day: How the Feds Target the Innocent. I'm not one to say otherwise (quite the opposite), but for most people, most of the time, in most of their lives, western legal systems are pretty top notch in protecting people from arbitrary and corrupt application of the law.
In systems that truly embrace arbitrary and corrupt enforcement, it's quite a bit different system than largely objective traffic laws which society has agreed upon but which are rarely enforced (e.g. turn signals, lane merging in intersections, etc.) which turn into selective enforcement. I say this as someone who firmly believes that selective enforcement is ripe for abuse and has inherent problems, but on the balance I prefer the latitude I have as a driver in today's system than one where all traffic regs are enforced through automation at scale (which may be where we're headed in the next few decades, honestly). The reality is that as drivers, we probably curse the fact that these laws aren't enforced more often until we're the ones cited.
Read the book Three Felonies A Day. The law is so bloated now that we all do illegal things all the time, we can't help it.
What Swartz actually did was to download copies of scientific papers that should be in the public domain to begin with, because we paid for the research already with our tax money. The fact that such information is considered "proprietary" and JSTOR and other companies are able to keep it locked behind paywalls is an outrage.
Further, after Swartz returned all the material he had downloaded and agreed not to do it again, both JSTOR and MIT said they were satisfied and no further action was needed (though JSTOR was more emphatic about it than MIT was). Which, combined with the above, should have ended the case then and there.
Three Felonies a Day
" Silverglate’s book first explains how law should work, and then demonstrates how federal law really works as he weaves through dozens of cases showing clear prosecutorial abuse. An ugly, recurrent feature is that prosecutors often manipulate the media. "
https://fee.org/articles/three-felonies-a-day-how-the-feds-t...
Furthermore, in the areas of business owner and employee it's even worse because of the vague, contradictory, and expansive commercial code plus the rest of applicable city, county, state, and federal laws that apply too that sometimes criminalize trivial transgressions with occasionally excessive penalties. There's a whole book about it: Three Felonies A Day: How the Feds Target the Innocent
I'm not one for no regulations or "all gubberment bad", far from it; the core problem is the almost complete lack of effective guardrails on malicious enforcement and prosecution.
