As someone said it best on Ars yesterday, depression is not a get out of prosecution free card.
According to the documents, Swartz downloaded more than two million JSTOR documents over a two-week period by using a variety of deliberate, evasive tactics designed to confound JSTOR controls.
He knew what he was doing. He wanted to play Robin Hood but forgot that Robin Hood had a death sentence on him for his actions. Rightly or wrongly so, you do the crime and you're looking at doing time.
"We choose the right to be who we are. We know the difference between the reality of freedom and the illusion of freedom."