Sunday, March 16, 2008

Problems for the Enron prosecution.

The specter of possible prosecutorial misconduct has been raised regarding the prosecution's destruction of exculpatory evidence in Andy Fastow's government interviews.

I can't say I'm surprised. While I'm a pretty strong law and order type guy and am relatively unsympathetic to white collar criminals-we've seen time and again prosecutors acting in a high handed, often corrupt manner in order to secure high profile convictions. I'm not sure how to fix that. Whether it was Ken Starr, Peter Fitzgerald, Mike Nifong, or Eliot Spitzer justice is poorly served by the relentless pursuit of convictions irrespective of the underlying facts. Prosecutors should be focused on a quest for truth-and I'm not sure how to incentivize that.

1 comment:

admiral burns said...

What makes you think that prosecutors only act this way in high-profile cases? Everyone knows I graduated last in my class from law school. Yet, as a public defender, I have won more than half of the cases I have taken to jury trial.
The problem is, prosecutors don't discuss outcomes with their client (state or fed gov.) they just push forward on anything and everything to get one in the win column.
Take a trip down to your local court one day when they have about 20 misdemeanor trials scheduled and see how lame some of the facts are against the defendants.