
Contents
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1. Disorderly Patterns 1. Disorderly Patterns
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2. The Visible Process: Inspector as Leading Actor 2. The Visible Process: Inspector as Leading Actor
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3. Pre-Trial Decision-Making Structures 3. Pre-Trial Decision-Making Structures
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1. Centralized Decision-Making 1. Centralized Decision-Making
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2. Decentralized Decision-Making: Inspectors as Advocates (or Not) 2. Decentralized Decision-Making: Inspectors as Advocates (or Not)
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Then there are other cases Then there are other cases
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4. Control of Decision-Making in a Decentralized Inspectorate 4. Control of Decision-Making in a Decentralized Inspectorate
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5. Pre-Trial Choices 5. Pre-Trial Choices
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1. Number and Choice of Charges 1. Number and Choice of Charges
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(a) Parsimony. (a) Parsimony.
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(b) Precision. (b) Precision.
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(c) Simplicity. (c) Simplicity.
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2. Choice of Forum 2. Choice of Forum
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(a) Commensurability. (a) Commensurability.
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(b) Publicity. (b) Publicity.
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(c) Administrative Values. (c) Administrative Values.
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(d) Control. (d) Control.
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3. The Target: Individual or Company? 3. The Target: Individual or Company?
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6. Pre-Trial Bargaining 6. Pre-Trial Bargaining
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7. Civil Action 7. Civil Action
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8. Conclusion 8. Conclusion
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Cite
Abstract
Prosecution must be seen as the culmination of a series of screening determinations made about the fate of a case in a serial decision-making system in which decisions are not simply reactions to past matters, but are made in anticipation of possible future events. These pre-trial processes, provisional in character, shape decisions about whether and how to prosecute. This chapter discusses the role of the regulatory inspector in this decision-making, together with the centralized or decentralized organizational structures within which discretion is exercised and controlled. Attention is given to decisions about the number and choice of criminal charges, the choice of forum, the target of the prosecution, and the nature and extent of pre-trial bargaining. The relationship between civil action and criminal prosecution is also discussed.
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