Settlements

Someone (DoofusOfDeath) on Slashdot posted his opinion on settlements, in reaction to the settlement that Dell reached with the SEC regarding Dell cheating on their financial statements. I think I agree with him:

1. settlements are shakedowns, not justice.  Maybe the government thinks you're guilty but isn't sure it can prove it, or you know you're guilty and don't want a conviction, or you're innocent but settlement costs less than a full defense, or - the worst - the government knows you're innocent but is hoping you'll go for settlement instead of a full defense.

2. wealthy people can buy their way out of criminal convictions, whereas the poor cannot. that is unjust.

3. settlements allow corporations to protect its employees from responsibility for their actions; of course that's the purpose of a corporation but settlements allow the business to continue as usual, whereas a conviction would allow a higher penalty and possibly the end of that corporation's right to exist which means the punishment to the employees would be the loss of benefits and possibly loss of a job.