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What Do Prosecutors Maximize? An Analysis of Drug Offenders and Concurrent Jurisdiction

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  • Edward L. Glaeser
  • Daniel P. Kessler
  • Anne Morrison Piehl

Abstract

This paper presents a model of prosecutors' decision-making processes in which prosecutors (both federal and state) internalize some of the benefits of reducing crime, but also care about developing their own human capital. Since U.S. attorneys make their decision first, they have the opportunity to take the cases that will further their human capital development, knowing that the local district attorneys will handle the other cases. Using two surveys on prison admissions, we find that defendants who are better educated, richer, married, white, have higher-paying occupations more likely to be incarcerated in the federal system. Conversely, state prisons are more likely to incarcerate individuals who are particularly likely to be difficult prisoners, despite the supposed advantages of federal prisons in dealing with the most dangerous criminals.

Suggested Citation

  • Edward L. Glaeser & Daniel P. Kessler & Anne Morrison Piehl, 1998. "What Do Prosecutors Maximize? An Analysis of Drug Offenders and Concurrent Jurisdiction," NBER Working Papers 6602, National Bureau of Economic Research, Inc.
    • Handle: RePEc:nbr:nberwo:6602
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    References listed on IDEAS

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    1. Glaeser, Edward L & Glendon, Spencer, 1998. "Who Owns Guns? Criminals, Victims, and the Culture of Violence," American Economic Review, American Economic Association, vol. 88(2), pages 458-462, May.
    2. Kessler, Daniel P & Piehl, Anne Morrison, 1998. "The Role of Discretion in the Criminal Justice System," The Journal of Law, Economics, and Organization, Oxford University Press, vol. 14(2), pages 256-276, October.
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    Cited by:

    1. Kristin F. Butcher & Anne Morrison Piehl, 2000. "The Role of Deportation in the Incarceration of Immigrants," NBER Chapters, in: Issues in the Economics of Immigration, pages 351-386, National Bureau of Economic Research, Inc.
    2. Richard Boylan & Cheryl Xiaoning Long, 2000. "Size, Monitoring and Plea Rate: An Examination of United States Attorneys," Econometric Society World Congress 2000 Contributed Papers 0089, Econometric Society.
    3. Francisco González & Carlos Esteban Posada, 2001. "Criminalidad, violencia y gasto público en defensa, justicia y seguridad en Colombia," Revista de Economía Institucional, Universidad Externado de Colombia - Facultad de Economía, vol. 3(4), pages 78-102, January-J.

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    More about this item

    JEL classification:

    • H11 - Public Economics - - Structure and Scope of Government - - - Structure and Scope of Government
    • K42 - Law and Economics - - Legal Procedure, the Legal System, and Illegal Behavior - - - Illegal Behavior and the Enforcement of Law

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