2006-02-15

The Problem With Govt Witnesses

The "Enron Trial" is currently underway.  Two key executives of the failed company, Kenneth Lay and Jeffrey Skilling are on trial for a melange of charges that could send both of them to jail for decades. 
 
This trial illustrates the problem with government witnesses.  Today, Kenneth Rice, who was the head of the internet unit at Enron testified against Skilling.  Rice has already pled guilty to numerous charges and faces up to ten years in prison.  A problem with our justice system is that it allows people such as Rice to make deals with the government in exchange for a lighter sentence.  Many of the things he is testifying on are "back room deals" that are very hard to corroborate.  Rice has a great incentive to lie; if his testimony is detrimental to Lay and Skilling, it will cast him in a more favorable light when his sentencing comes up. 
 
This situation is hardly confined to this case.  There are thousands of witnesses like Rice that testify every year.  The prosecutors have one tool that defense lawyers don't: they can directly influence jail time.  It is very disadvantageous to the defense that this system continues to go on.
 
We need to establish rules regarding sentencing.  Pleading guilty is one thing, turning into a government rat is another, specifically because the person has a conflict of interest.  If they lie about someone else, they get less time, where telling the truth might give them more time.  Testimony should never be compelled, it corrupts our system.

3 comments:

Anonymous said...

sorry if i seemed abrupt last night, i was exhausted, like tonight, from work

Anonymous said...

I do agree that no witness who is ratting on someone should get lesser time. Everybody should get the same sentence, depending on the crime and if the defendant is a repeat offender.

Anonymous said...

You are right! Amen brother! The government loves to stuff its pockets with money! Do you agree that the government only cares about stuffing its pockets with money?