Tuesday, May 18, 2010

6th Amendment

Source: "Corporate crime and 'collateral' damage" May 18, 2010

Constitutional Connection: "In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the state and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defense."
Analysis of the Connection: The Justice Department was starting a criminal investigation of Goldman Sachs inevitably evoked memories of the giant accounting firm once known as Arthur Andersen LLP. They were convicted of federal criminal charges in connection with the Enron scandal. By 2005, however, the U.S. Supreme Court had reversed the conviction, citing flawed jury instructions. If this happened to oly one person, they would have got off scott free, but this was a company. The company got bankrupt, and around 30,000 people lost their jobs. The company went down the drain because no body wanted to do business with then anymore.

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