IDEAS home Printed from https://ideas.repec.org/a/wly/soecon/v88y2021i2p568-586.html
   My bibliography  Save this article

Informational value of challenging an incumbent prosecutor

Author

Listed:
  • Bryan C. McCannon

Abstract

Popular elections are used to select prosecutors in most U.S. states. It has been questioned whether voters have the knowledge or incentive to identify quality individuals. In 2011, New York State instituted a series of salary increases for judges. Prosecutors' salaries are tied to judicial compensation by law so that an exogenous shock arose. I develop a simple asymmetric information model where a better informed insider can choose to contest the incumbent. Theory predicts that if voters are updating beliefs in a sophisticated manner, then in equilibrium there is not a change in the rate at which incumbents are challenged. When they are challenged, though, incumbents receive more electoral support. Results from the quasi‐natural experiment are consistent with the theory. The incumbent's vote margin grows by ~6 percentage points after the salary increase and the probability an incumbent wins a contested re‐election increases by 33%.

Suggested Citation

  • Bryan C. McCannon, 2021. "Informational value of challenging an incumbent prosecutor," Southern Economic Journal, John Wiley & Sons, vol. 88(2), pages 568-586, October.
  • Handle: RePEc:wly:soecon:v:88:y:2021:i:2:p:568-586
    DOI: 10.1002/soej.12527
    as

    Download full text from publisher

    File URL: https://doi.org/10.1002/soej.12527
    Download Restriction: no

    File URL: https://libkey.io/10.1002/soej.12527?utm_source=ideas
    LibKey link: if access is restricted and if your library uses this service, LibKey will redirect you to where you can use your library subscription to access this item
    ---><---

    References listed on IDEAS

    as
    1. Eric Rasmusen & Manu Raghav & Mark Ramseyer, 2009. "Convictions versus Conviction Rates: The Prosecutor's Choice," American Law and Economics Review, American Law and Economics Association, vol. 11(1), pages 47-78.
    2. Timothy Besley & Stephen Coate, 2003. "Elected Versus Appointed Regulators: Theory and Evidence," Journal of the European Economic Association, MIT Press, vol. 1(5), pages 1176-1206, September.
    3. Andrew F. Daughety & Jennifer F. Reinganum, 2016. "Informal Sanctions on Prosecutors and Defendants and the Disposition of Criminal Cases," The Journal of Law, Economics, and Organization, Oxford University Press, vol. 32(2), pages 359-394.
    4. Cragg, John G, 1971. "Some Statistical Models for Limited Dependent Variables with Application to the Demand for Durable Goods," Econometrica, Econometric Society, vol. 39(5), pages 829-844, September.
    5. Siddhartha Bandyopadhyay & Bryan McCannon, 2014. "The effect of the election of prosecutors on criminal trials," Public Choice, Springer, vol. 161(1), pages 141-156, October.
    6. Andrew Dyke, 2007. "Electoral cycles in the administration of criminal justice," Public Choice, Springer, vol. 133(3), pages 417-437, December.
    7. Bryan C. McCannon, 2013. "Prosecutor Elections, Mistakes, and Appeals," Journal of Empirical Legal Studies, John Wiley & Sons, vol. 10(4), pages 696-714, December.
    8. Gregory DeAngelo & Bryan C. McCannon, 2020. "Judicial Elections and Criminal Case Outcomes," The Journal of Legal Studies, University of Chicago Press, vol. 49(1), pages 199-242.
    9. Anthony Downs, 1957. "An Economic Theory of Political Action in a Democracy," Journal of Political Economy, University of Chicago Press, vol. 65(2), pages 135-135.
    10. SIDDHARTHA BANDYOPADHYAY & BRYAN C. McCANNON, 2015. "Prosecutorial Retention: Signaling by Trial," Journal of Public Economic Theory, Association for Public Economic Theory, vol. 17(2), pages 219-256, April.
    11. Gordon, Sanford C. & Huber, Gregory A. & Landa, Dimitri, 2007. "Challenger Entry and Voter Learning," American Political Science Review, Cambridge University Press, vol. 101(2), pages 303-320, May.
    12. Boylan, Richard T, 2004. "Salaries, Turnover, and Performance in the Federal Criminal Justice System," Journal of Law and Economics, University of Chicago Press, vol. 47(1), pages 75-92, April.
    13. Boylan, Richard T & Long, Cheryl X, 2005. "Salaries, Plea Rates, and the Career Objectives of Federal Prosecutors," Journal of Law and Economics, University of Chicago Press, vol. 48(2), pages 627-651, October.
    14. Gregory DeAngelo & Bryan C. McCannon, 2017. "Judicial Compensation and Performance," Supreme Court Economic Review, University of Chicago Press, vol. 25(1), pages 129-147.
    15. Bryan C. McCannon & Joylynn Pruitt, 2018. "Taking on the boss: Informative contests in prosecutor elections," Journal of Public Economic Theory, Association for Public Economic Theory, vol. 20(5), pages 657-671, October.
    16. Melinda Gann Hall, 2014. "Televised Attacks and the Incumbency Advantage in State Supreme Courts," The Journal of Law, Economics, and Organization, Oxford University Press, vol. 30(1), pages 138-164.
    17. Tullock, Gordon, 1971. "Public Decisions as Public Goods," Journal of Political Economy, University of Chicago Press, vol. 79(4), pages 913-918, July-Aug..
    18. Stratmann, Thomas, 2005. "Ballot access restrictions and candidate entry in elections," European Journal of Political Economy, Elsevier, vol. 21(1), pages 59-71, March.
    19. Eric A. Posner, 2010. "Professionals or Politicians: The Uncertain Empirical Case for an Elected Rather than Appointed Judiciary," The Journal of Law, Economics, and Organization, Oxford University Press, vol. 26(2), pages 290-336.
    20. Navin Kartik & R. Preston McAfee, 2007. "Signaling Character in Electoral Competition," American Economic Review, American Economic Association, vol. 97(3), pages 852-870, June.
    21. Drometer, Marcus & Rincke, Johannes, 2014. "Electoral competition and endogenous barriers to entry," European Journal of Political Economy, Elsevier, vol. 34(C), pages 253-262.
    Full references (including those not matched with items on IDEAS)

    Citations

    Citations are extracted by the CitEc Project, subscribe to its RSS feed for this item.
    as


    Cited by:

    1. DeAngelo, Gregory & McCannon, Bryan C. & Stockham, Morgan, 2023. "District attorney compensation and performance," International Review of Law and Economics, Elsevier, vol. 73(C).

    Most related items

    These are the items that most often cite the same works as this one and are cited by the same works as this one.
    1. Gregory DeAngelo & Bryan C. McCannon, 2019. "Political competition in judge and prosecutor elections," European Journal of Law and Economics, Springer, vol. 48(2), pages 167-193, October.
    2. Bryan C. McCannon & Joylynn Pruitt, 2018. "Taking on the boss: Informative contests in prosecutor elections," Journal of Public Economic Theory, Association for Public Economic Theory, vol. 20(5), pages 657-671, October.
    3. DeAngelo, Gregory & McCannon, Bryan C. & Stockham, Morgan, 2023. "District attorney compensation and performance," International Review of Law and Economics, Elsevier, vol. 73(C).
    4. Siddhartha Bandyopadhyay & Bryan C McCannon, 2014. "Queuing Up For Justice: Elections and Case Backlogs," Discussion Papers 14-10, Department of Economics, University of Birmingham.
    5. Samantha Bielen & Peter Grajzl, 2021. "Prosecution or Persecution? Extraneous Events and Prosecutorial Decisions," Journal of Empirical Legal Studies, John Wiley & Sons, vol. 18(4), pages 765-800, December.
    6. Yahagi, Ken & Yamaguchi, Yohei, 2023. "Law enforcement with rent-seeking government under voting pressure," International Review of Law and Economics, Elsevier, vol. 73(C).
    7. Gregory DeAngelo & Bryan C. McCannon, 2020. "Psychological game theory in public choice," Public Choice, Springer, vol. 182(1), pages 159-180, January.
    8. Jamie Bologna Pavlik, 2017. "Political importance and its relation to the federal prosecution of public corruption," Constitutional Political Economy, Springer, vol. 28(4), pages 346-372, December.
    9. Yohei Yamaguchi & Ken Yahagi, 2024. "Law enforcement and political misinformation," Journal of Theoretical Politics, , vol. 36(1), pages 3-36, January.
    10. Siddhartha Bandyopadhyay & Bryan McCannon, 2014. "The effect of the election of prosecutors on criminal trials," Public Choice, Springer, vol. 161(1), pages 141-156, October.
    11. Claudio Detotto & Bryan C. McCannon, 2017. "Economic freedom and public, non-market institutions: evidence from criminal prosecution," Economics of Governance, Springer, vol. 18(2), pages 107-128, May.
    12. Bryan C. McCannon, 2024. "Alaska's ban on sentence bargaining," Contemporary Economic Policy, Western Economic Association International, vol. 42(1), pages 110-119, January.
    13. Daniel D. Bonneau & Joshua C. Hall, 2024. "The impact of new prison construction on the likelihood of incarceration," American Journal of Economics and Sociology, Wiley Blackwell, vol. 83(1), pages 199-222, January.
    14. Éric Langlais & Marie Obidzinski, 2015. "Public law enforcers and political competition," EconomiX Working Papers 2015-40, University of Paris Nanterre, EconomiX.
    15. Ash, Elliott & MacLeod, W. Bentley, 2021. "Reducing partisanship in judicial elections can improve judge quality: Evidence from U.S. state supreme courts," Journal of Public Economics, Elsevier, vol. 201(C).
    16. Siddhartha Bandyopadhyay & Bryan C McCannon, 2011. "The Redistricting of Public Prosecutors' Offices," Discussion Papers 11-13, Department of Economics, University of Birmingham.
    17. Bryan C. McCannon, 2013. "Prosecutor Elections, Mistakes, and Appeals," Journal of Empirical Legal Studies, John Wiley & Sons, vol. 10(4), pages 696-714, December.
    18. Melcarne, Alessandro & Monnery, Benjamin & Wolff, François-Charles, 2022. "Prosecutors, judges and sentencing disparities: Evidence from traffic offenses in France," International Review of Law and Economics, Elsevier, vol. 71(C).
    19. Alexander Whalley, 2013. "Elected versus Appointed Policy Makers: Evidence from City Treasurers," Journal of Law and Economics, University of Chicago Press, vol. 56(1), pages 39-81.
    20. Garoupa, Nuno, 2009. "Some reflections on the economics of prosecutors: Mandatory vs. selective prosecution," International Review of Law and Economics, Elsevier, vol. 29(1), pages 25-28, March.

    More about this item

    Statistics

    Access and download statistics

    Corrections

    All material on this site has been provided by the respective publishers and authors. You can help correct errors and omissions. When requesting a correction, please mention this item's handle: RePEc:wly:soecon:v:88:y:2021:i:2:p:568-586. See general information about how to correct material in RePEc.

    If you have authored this item and are not yet registered with RePEc, we encourage you to do it here. This allows to link your profile to this item. It also allows you to accept potential citations to this item that we are uncertain about.

    If CitEc recognized a bibliographic reference but did not link an item in RePEc to it, you can help with this form .

    If you know of missing items citing this one, you can help us creating those links by adding the relevant references in the same way as above, for each refering item. If you are a registered author of this item, you may also want to check the "citations" tab in your RePEc Author Service profile, as there may be some citations waiting for confirmation.

    For technical questions regarding this item, or to correct its authors, title, abstract, bibliographic or download information, contact: Wiley Content Delivery (email available below). General contact details of provider: https://doi.org/10.1002/(ISSN)2325-8012 .

    Please note that corrections may take a couple of weeks to filter through the various RePEc services.

    IDEAS is a RePEc service. RePEc uses bibliographic data supplied by the respective publishers.