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Cooperating with white-collar prosecutors

Cooperation is a big factor in lowering otherwise draconian sentences, which leads Ellen Podger at White Collar Crime Prof Blog to ask:

...3. What happens to the individual who is last to be indicted when there is no one left to talk against and no way to provide cooperation? What happens when the the accused has nothing to offer in cooperation because they did not see or hear anything? Are we punishing these individuals with heavier sentences merely because they have nothing to offer the government? Should we be afraid that they will invent something to tell the government just to obtain a reduced sentence?

4. The Bill of Rights provides everyone accused of a crime with the right to a jury trial. Are we punishing individuals who avail themselves of this right?

And don't miss Tom Kirkendall's further development of the question, which quotes John Langbein's work on plea bargaining.



Rafael Mangual
Project Manager,
Legal Policy

Manhattan Institute


Published by the Manhattan Institute

The Manhattan Insitute's Center for Legal Policy.