There are many different areas of criminal theory, but one that is a little less known is corporate crime and the settlement involved with corporate cases. People do not often pay much attention to them because they usually have to do with white collar crime and high-profile criminals. People tend to pay more attention to criminal and civil cases because it usually has to do with everyday people rather than large businesses and white collar criminals. A lot of people do not even know how a Corporate case is settled, so how exactly does the criminal justice system deal with these types of cases?
A small percentage of Corporate cases are solved with a guilty plea. Obviously, this ends the case nice and simple and everyone goes home pleased that the right choice was made. Interestingly enough, more corporate cases are being resolved with a guilty plea than the previous years; however, this may have to do with the government being able to enforce pretty much any law they want regarding big businesses and high-profile of individuals. But that is only a small percentage of these cases, the majority of corporate cases are resolved by deferment and non-prosecution agreements. Is this what the criminal justice wants as a resolution?
Both sides of the party tend to find deferment and non-prosecution resolutions ideal because there is some sort of agreement made. Often times if a guilty plea is reached, it affects the interests of shareholders, employees and the public more so than the actual defendant on trial, and that is not what the criminal justice system wants as their outcome. Of course, they always want to prosecute, but sometimes it is not in the best interest of the public.
People tend to think the criminal justice system is system is the revolving door of the workforce. They think that if one person leaves the government’s side (the prosecution) to go work with the defense or vice versa, that they will not put in 100% of their effort into the case. When Sean Hecker had his interview done on his thoughts on corporate crime settlements he stated that he believes this statement is completely false. Anyone in the workforce wants to work and have a successful career. Hecker believes that if anything the “revolving door” increases the incentives for those in government to bring important cases. People do not tend to give up on their careers regardless of what side of the door they are standing on.