Thursday, December 11, 2008

The Risk of Trial

David Voreacos and Jane Mills (Bloomberg) have a must-read article in Monrad Regrets Not Testifying on GenRe Fraud as Prison Looms

What struck me in this article was Monrad's claim of innocence and the consequences she faces as a result of asserting that claim. I was at a criminal discussion forum at Emory Law School yesterday and talked about my draft paper, White Collar Innocence: Irrelevant in the High Stakes Risk Game. Those facing white collar crime charges, who claim innocence, often are faced with the testimony from cooperating witnesses who will receive substantially reduced sentences in return for their testimony.   The assertion of innocence can carry a "trial penalty" that can be enormous.  But the more important question is whether our legal system should allow this to happen.

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