The Manhattan Institute’s James Copland writes about “Regulation by Prosecution” through deferred prosecution agreements. His report
details the exceptional and troubling power that prosecutors have used to circumvent the normal democratic legislative process and subvert the rights of individual defendants in criminal actions. In his report, Copland exposes the increasing American phenomenon of “regulation by prosecution” and provides solutions to the most egregious aspects of so-called “vicarious corporate-criminal liability.”
Read the whole thing.
Note that I will be discussing in a forthcoming paper, among other things, the problems DPAs cause for individual defendants.