Prosecutorial misconduct in the Enron case?

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Ideoblog has a very interesting post about the Enron case which shows the distinct possibility that the federal prosecution involved acted unethically in prosecuting some of the higher ups at Enron. Most egregiously was their suppression of exculpatory evidence, something which is inherently unacceptable as a matter of seeking justice in a criminal case. One of the troubling aspects of this, is that if I read things right, they relied on the testimony of a man who is a potential psychopath, the former CFO Andrew Fastow. It would be interesting to see if the defense can take that aspect and run with it. They might be able to make a case that "Fastow would say anything," if they can prove that he is a sociopath or a psychopath, and thus maybe impeach his testimony.

All things considered, in general, I've come to shift my anger about injustice away from the police to prosecutors for reasons such as these. The police only have the legal and institutional power to do so much to anyone, but prosecutors can truly make someone's life a living hell.

There is no solution to prosecutorial misconduct under the current system that doesn't rely on prosecutors to take down their own. Until it is legally possible for private citizens to have their attorneys file criminal charges against police, prosecutors and government witnesses that break the law, there will not be much pressure for people in these positions to obey the law.

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