On the Limits of Informal Enforcement

A substantial difficulty in examining the concept of 'informal enforcement' in the context of controlling economic and corporate crime is associated with the definition of informal enforcement per se and as part of the broader discussion on alternative models of prevention, conflict resolution, case disposition, and sanctioning in contemporary criminal justice systems. If enforcement can be generally conceived as the 'act or process of compelling compliance with a law, mandate, command, decree, or agreement', then what is the meaning and scope of informal enforcement within the specific framework of criminal justice, in overall terms and in terms of economic and corporate crime? This paper, aimed at providing an introductory overview of relevant problems and modern challenges for legal policy and research, focuses first on the overall concept of informality in criminal justice. Then it moves on to practical examples, especially to the use of deferred prosecution agreements and whistle-blowers for criminal justice purposes, to illustrate the machinery of informal enforcement and its limits with respect to economic and corporate crime.