Co-producing Prosecution: Old and New Third Party Reforms
Forthcoming in: Revisiting the Interface of Criminal Justice and Regulation, edited by Lennon Chang and Russell Brewer for Routledge.
25 Pages Posted: 16 Dec 2018
Date Written: January 1, 2018
Abstract
Third parties have become stalwarts of regulatory systems and as subjects in regulatory studies yet definitions and analysis are often ‘state-centric’. Regulator, regulatee and third party are also generally posed as self-interested. This pre-publication chapter is inspired by Peter Grabosky’s invitation to look beyond this instrumental focus and beyond that which is sponsored by the state. It shares his interest in exploring the ‘democratization’ of regulatory activity (2013, p. 114-115), and whether third parties always act in the interests of the regulator or state. Grabosky’s scholarly curiosity has seen him take a long view on case studies (1992a) and in forecasting trends (2001, 2007). His methods encourage deeper investigation of activity ‘from below’ and the extent to which it is recent or is location or domain specific. Focusing on the under-examined domain of the public prosecutor, the chapter finds evidence of different third party forms, blended regulatory strategies adopted by them and deep normative motivation to their engagement with and in prosecution.
Keywords: third party, prosecution, civil society, regulation
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