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by silentmars 4700 days ago
There is a bit of legal knowledge that may be relevant here, at least in terms of framing this question of who is responsible.

In many jurisdictions (in the US) the legal standard of 'negligence' has two requirements. First, proximate cause. That's the "but for" part, that op mentions here. "But for MIT's actions, Aaron would be alive today." The other part is foreknowledge. Someone must have known, or reasonably should have known, that their actions would result in the bad consequence to meet this second standard. I don't think it would be fair to say that MIT could reasonably have foreseen Swartz's suicide.

It's interesting to note that Heymann, the federal prosecutor, arguably does meet both of these standards. But for his overzealous -- and I would add abusive -- prosecution, Swartz would still be alive. Further, Swartz's lawyers warned Heymann the day before that Swartz was an imminent risk of suicide, so it seems pretty safe to say that he also meets the foreknowledge standard.

I want both Heymann and Ortiz to be fired, and my sense of vengeance wants it to be both public and messy. Wishful thinking.

IANAL, blah blah blah and all that.