Martha Stewart's Legal Troubles As Research Paper

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Stewart and Bacanovic were convicted.

But for others there are still many questions about the case and the motivations of the prosecutors. Paul Craig Roberts (2004) believes the prosecutor criminalized Stewart's exercise of her constitutional right to declare her innocence. Claiming it constituted fraud for her to declare her innocence.

Nancy Shaw (2003) offers the opinion that the prosecutors charged Stewart with lying about a crime they cannot prove she committed. Shaw's theorizes that the reason for this is to make an example out of a celebrity's small infractions, comprising widely accepted business practices, trumped into allegations of wrongdoing and manipulation.

Joan Hemingway (2007) asserts the system and enforcement of insider trading regulations present opportunities for selective enforcement and the exercise prosecutorial bias. These prospects for selectivity and bias are due to the unclear and imprecise substance of the insider trading regulation and the unrestricted nature of the overlapping enforcement processes.

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Because of this, the potential for an actual witch hunt exists in which trading regulations may be used as a tool in a goal-oriented process to root out and punish market participates in accordance with a social, political, or economic agenda. Hemingway (2007) believes the Stewart case only emphasizes the need to assemble additional information regarding selectivity and bias in insider trading enforcement and institute reform......

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