The Prosecutor as Regulatory Agency
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Description
This chapter examines the capacity of both state attorney generals and federal prosecutors to act as regulators based on democratic accountability, institutional competence, and procedural reliability. It first considers the factors that give prosecutors the ability to assume a regulatory role and goes on to discuss corporate regulation by prosecutors. It then compares prosecutors and traditional regulators in terms of accountability and shows that nonprosecution agreements, deferred prosecution agreements, and settlement agreements often decide complex questions of how businesses should operate. It also asks whether prosecutors can make efficient decisions in the business context and whether regulatory agencies possess greater institutional competence than prosecutors. The chapter concludes by assessing the procedural reliability of prosecutorial regulation.
Source Publication
Prosecutors in the Boardroom: Using Criminal Law to Regulate Corporate Conduct
Source Editors/Authors
Anthony S. Barkow, Rachel E. Barkow
Publication Date
2011
Recommended Citation
Barkow, Rachel E., "The Prosecutor as Regulatory Agency" (2011). Faculty Chapters. 220.
https://gretchen.law.nyu.edu/fac-chapt/220
