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United States Attorneys (USAs), the chief federal prosecutors in each judicial district, are key in determining how the federal government uses coercive force against its citizens. How much control do national political actors exert over the prosecutorial decisions of USAs? This book investigates this question using a unique dataset of federal criminal prosecutions between 1986 and 2015 that captures both decisions by USAs to file cases as well as the sentences that result. Utilizing intuitions from principal-agent theory, work on the career ambition of bureaucrats and politicians, and selected case-studies, the authors develop and advance a set of hypotheses about control by the President and Congress. Harnessing variation across time, federal judicial districts, and five legal issue areas - immigration, narcotics, terrorism, weapons, and white-collar crime - Miller and Curry find that USAs are subject to considerable executive influence in their decision making, supporting findings about the increase of presidential power over the last three decades. In addition, they show that the ability of the President to appoint USAs to higher-level positions within the executive branch or to federal judgeships is an important mechanism of that control. This investigation sheds light on how the need to be responsive to popularly-elected principals channels the enormous prosecutorial discretion of USAs.
This book investigates the extent to which national political actors exert control over the prosecutorial decisions of United States Attorneys. Authors Banks Miller and Brett Curry, both scholars of judicial politics and legal institutions, utilize principal-agent theory and career ambition models to analyze federal prosecution data. They argue that the executive branch maintains significant influence over prosecutorial discretion, primarily through the strategic use of career advancement opportunities for U.S. Attorneys.
What You Will Find
Scope Limits
Experts in political science and legal studies recognize this work as a rigorous empirical examination of the relationship between presidential power and federal law enforcement. Readers frequently note the academic density of the prose and the authors' effective use of quantitative data to support their claims regarding executive influence.
Page Count:
219
Publication Date:
2018-01-01
Publisher:
Oxford University Press
ISBN-10:
0190928263
ISBN-13:
9780190928261
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