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Article
The Investigation and Prosecution of Regulatory Offences: Is There an Economic Case for Integration?
Cambridge Law Journal (2011)
  • Nuno Garoupa, University of Illinois at Urbana-Champaign
  • Anthony I. Ogus, University of Manchester
  • Andrew Sanders, University of Birmingham
Abstract
The separation of investigation and prosecution is prevalent in the criminal justice system. The institutional design of regulatory law has been significantly different, since in general regulatory agencies exercise investigatory and prosecuting powers. We develop an economic framework to explain the decision whether to separate or integrate investigation and prosecution. Our results are relevant for the discussion of recent legal reforms in England and Wales, in particular the Regulatory Enforcement and Sanctions Act 2008.
Keywords
  • criminal justice system,
  • regulation,
  • separation,
  • integration,
  • economics,
  • transaction costs,
  • capture
Disciplines
Publication Date
2011
Citation Information
Nuno Garoupa, Anthony I. Ogus and Andrew Sanders. "The Investigation and Prosecution of Regulatory Offences: Is There an Economic Case for Integration?" Cambridge Law Journal Vol. 70 Iss. 1 (2011) p. 229 - 259
Available at: http://works.bepress.com/nunogaroupa/35/