I think you're missing the point vis a vis "fix the machine, not the person".
The tactics described in the petition are ingrained in the US justice system. Getting rid of a single prosecutor isn't going to change a damn thing because the injustices are systemic, not the product of a vindictive individual.
Like Aaron said, shouting at the gears isn't going to fix the machine.
I have to disagree, when people realize the risk is personal they'll take care to make sure what they're doing is right. Just following orders is never a valid excuse. Of course we should stop with the prosecutor we should continue on to try and fix the machine, but at the very least if prosecutors know they're responsible for their actions it'll add an additional check to the system.
It's been taken down by Pastebin, evidently Pastebin likes protecting assholes, here's another, but I only grabbed part of it before it went down: http://pastebin.com/WvY5RnjV
Like Aaron said, shouting at the gears isn't going to fix the machine.
But excising the broken, unfit, insidiously malicious gear from the machine will make said machine one gear short of harming the innocent-until-proven-guilty.
Ortiz comes across to me as a better than average human being who did something evil because she seems to have been morally confused about something. I don't think Ortiz is, say, as bad as Kissinger.
Maybe the evil justifies the revenge of removing Ortiz. But this petition striking me as an exercise in nastiness. Wouldn't an official, public reprimand be better?
If engineers started getting sacked for breaking the build, you can be damned sure people would get very scrupulous about only committing working code, whether they're fresh out of school or greybeards.
No, it's not a perfect analogy, but I don't think it needs to be.
If you did it every time, sure. That's called changing the system. Sacking one engineer for breaking one build and then going back to encouraging all the other engineers for making as many commits as possible, and giving raises and promotions to engineers who make the most commits, while sweeping all the other broken builds under the rug, would just be scapegoating.
How many software engineers or their professional peers have been nudged, pushed or shoved into committing suicide because of a broken build? No, really?
When a person in position of authority is maliciously responsible for driving people to the brink of suicide and then some, they need to be held to a higher standard because of the very position they hold.
This episode is not an excuse for a witch-hunt of those in power, but the people who precipitated this episode need to be excised from their position precisely because of the irresponsible witch-hunt they carried out.
> How many software engineers or their professional peers have been nudged, pushed or shoved into committing suicide because of a broken build?
It wasn't my shitty analogy to begin with. You're missing the point: getting one prosecutor fired won't change anything, because everyone above and below that prosecutor will continue operating the exact same way.
getting one prosecutor fired won't change anything
Maybe it will. Maybe it won't. But de-throning that one prosecutor will, in her own words, serve as a message [0] to others of her kind that reckless, power-drunk actions have real-world repercussions.
> "But de-throning that one prosecutor will, in her own words, serve as a message"
No, it won't. People respond to risks and rewards, and we've shown amply over the years that the severity of punishment has little deterrent effect on future offenses if the odds of getting caught aren't high enough.
In other words, by throwing one prosecutor to the wolves, we have no inspired any behavioral change in other prosecutors, because we've shown that once every few decades we will punish one person - and that's stacked against the systemic pressures they face to prosecute as many people as vigorously as possible, every day.
This is the same reason why the death sentence, as severe as it is, has basically no effect on crime rates, because it's not handed out with enough regularity to be a deterrent (whether or not we should have the death sentence is another story altogether).
To achieve the "message sending" you want, we will have to regularly investigate many prosecutors, such that the odds of escaping their reckless prosecutorial actions are low. This is what most other people call "changing the system" ;)
Outlier one-offs is just compounding tragedy upon tragedy.
The federal government is more or less designed to function by sacrificing pawns over these kinds of controversies without ever addressing the policies, cultures, or root causes that led to those controversies in the first place. And this goes all the way up to the cabinet level. Sacking one federal prosecutor will do nothing. Even sacking Eric Holder wouldn't change anything--I can't remember a single attorney general who was worth a damn and the first one I remember is Janet Reno.
It is important to note; we don't and should not punish citizens, civilian or government employed, for being vindictive. We punish/rehabilitate them so that they won't hurt another human again. Unfortunately the courtroom can be a vicious, painful environment--aggressive behavior is awarded there. I think many parties are to blame--a public Government apology of any kind and promises to do better would at least be a place to start.
You can't break a few eggs when they are so valuable. And how can they not realize how sad this is? It makes me feel sick.
Perhaps not, but we should remove vindictive individuals who are charged with meting out justice. Ortiz is one of those individuals. And we do this so they can do no more harm.
Sacking one won't do it, no. But getting one sacked is a necessary step to getting them all sacked. You do it this time. Then you do it again. And again. Until they get the message.
My guess is she is just as vituperative and mean to people who work in in her office. She has done far more harm to this country in her mistreatment of Aaron Swartz than she can ever atone for.
The tactics described in the petition are ingrained in the US justice system. Getting rid of a single prosecutor isn't going to change a damn thing because the injustices are systemic, not the product of a vindictive individual.
Like Aaron said, shouting at the gears isn't going to fix the machine.