Earlier quoted context omitted.
Dude, you're being that guy . Don't be that guy . Why shouldn't a prosecutor consider the personal circumstance of the accused? Certainly this is done in a variety of ways in the law, the decision as to whether a crime has been committed, the decision as to whether to charge an individual, what charges are brought against that individual. Particularly in the case where prosecutors have wide discretion, such as in the…
"That guy" in what sense? The one that thinks that it's not justifiable to accuse someone of causing someone else to kill themselves? I'm making a moral argument, not a jurisprudential one. We are responsible for the consequences of our actions, but our obligation to our fellow man is circumscribed by context and reasonable expectations. There may be situations in which it is reasonable to expect someone to kill hims…
Your case is that the culpability for Swartz's death rests solely with Swartz. Swartz's friends and family have asserted with unanimity that Swartz's life was dominated by this prosecution. Ergo, the series of events culminating in Swartz's suicide would not have happened had he not been prosecuted, or, more importantly, prosecuted in this particular way.
When you assert that Ortiz's office is not culpable, it sounds very much like you are contradicting the prosecution's role in Swartz's life and death.