专栏金融犯罪

Prosecutors must uphold the law, not cut deals with the accused

Plea bargaining – in which accuser and accused strike a deal – is not an aspect of legal process with which anyone should feel comfortable. The defendant benefits from a lighter sentence than might, or might not, have been imposed. The prosecutor does not have to rely on the costly and uncertain outcome of a trial, and gains evidence that can be used to convict others. As a result, justice is neither done nor seen to be done.

The beneficiary of a plea bargain is someone who cannot safely be trusted, otherwise the issue could not have arisen. The most serious consequence, now well documented in the US, involves criminals who falsely incriminate others in order to gain their own freedom.

Nevertheless, it is easy to understand why plea bargaining is widely favoured by prosecutors and regulators as a means of dealing with complex financial cases. The issues are often difficult for judges and juries to understand and the defendants usually have resources which enable them to finance endless litigation. It may be too hard or costly to secure a conviction without the evidence and admissions provided through the plea bargain.

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约翰•凯

约翰•凯(John Kay)从1995年开始为英国《金融时报》撰写manbetx20客户端下载 和商业的专栏。他曾经任教于伦敦商学院和牛津大学。目前他在伦敦manbetx20客户端下载 学院担任访问学者。他有着非常辉煌的从商经历,曾经创办和壮大了一家咨询公司,然后将其转售。约翰•凯著述甚丰,其中包括《企业成功的基础》(Foundations of Corporate Success, 1993)、《市场的真相》(The Truth about Markets, 2003)和近期的《金融投资指南》(The Long and the Short of It: finance and investment for normally intelligent people who are not in the industry)。

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