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

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Author Info
Edward L. Glaeser
Daniel P. Kessler
Anne Morrison Piehl

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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.

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Paper provided by National Bureau of Economic Research, Inc in its series NBER Working Papers with number 6602.

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Date of creation: Jun 1998
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Handle: RePEc:nbr:nberwo:6602

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Find related papers by 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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References listed on IDEAS
Please report citation or reference errors to , or , if you are the registered author of the cited work, log in to your RePEc Author Service profile, click on "citations" and make appropriate adjustments.:
  1. Daniel P. Kessler & Anne Morrison Piehl, 1997. "The Role of Discretion in the Criminal Justice System," NBER Working Papers 6261, National Bureau of Economic Research, Inc. [Downloadable!] (restricted)
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  2. 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 458-62, May. [Downloadable!] (restricted)
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Cited by:
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  1. 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. [Downloadable!]
  2. 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. [Downloadable!]
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