In baseball you have individual responsibility, and if you fail it, you get an error. But at the same time, your focus is on the common goal of the team to win. This is part of what resonates with people about baseball. This is how they would like society to work.

If you prosecute a CEO or other senior executive and send him or her to jail for committing a crime, the deterrent effect in my view vastly outweighs even the best compliance program you can put in place.

Judges are the people who have to protect the rights of individuals, have to protect the rights of minorities, have to protect the rights in the Constitution, have to protect the requirement that the executive and the legislature not simply exercise raw power but adhere to standards of reasonableness and constitutionality.

The price of being a nice guy is too high - much too high - in terms of the system of justice.