Unfortunately, since Prosecutorial Overreach isn't a Legal term, people can use it in ways that they can't use Legal terms. People can say that the Prosecutor in this case is guilty of Prosecutorial Overreach. Usually, when we have a legal charge against someone, you say they are accused of, not guilty of, until they are tried in court.
So what does Prosecutorial Overreach really mean? Here are some possible definitions:
- When a prosecutor should have better things to do, but spends their time going after small fish.
- When a prosecutor throws a bunch of charges at a person that are frivolous.
- When a prosecutor goes after a case for purely political or career motivated reasons.
The danger of this term, Prosecutorial Overreach, is that it is a distraction from the battle that Swartz was fighting: The fight against copyright that didn't serve the interests of the public or the academic community.