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Loser-pays-all could work if defendants are rich

Adopting a loser-pays-all rule for criminal trials of wealthy defendants could deter financial crime, a University of Illinois study has found.

According to the research a recent rise in corrupt corporate behaviour in the US is not being effectively combatted, as money is often little object for defendants. Holding corporations or wealthy individuals accountable to greater legal costs could prove an effective deterrent to illegal activity.

However, the report also claims such a rule would be ineffective for defendants who are not wealthy and could not afford the legal costs of an entire trial.

Read more at The University of Illinois

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  1. Robert Tony Brklje
    Robert Tony Brklje is a Friend of The Conversation.

    retired

    All fiscal penalties should be a percentage of annual income so as to ensure the same real penalty is actually applied, anything else is a corrupt bias of justice in favour of the rich.

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