The electoral connection, state attorneys general, and the dynamics of incarceration rates

In the USA states, there is substantial institutional variation among executive branch administrative officials, with state executive branch offices varying by their selection method. Prior scholarship has devoted little attention to the policy implications of this institutional variation. In this article, we explore the consequences of this administrative characteristic by examining state attorneys general. We develop the theoretical rationale that during periods of high crime, for states with an elected attorney general, there should be an increase in the state’s incarceration rate. Conversely, for states with appointed attorneys general, increases in crime will have little effect on the state’s incarceration rate. When analyzing the incarceration rates among all USA states across a seventeen-year period, we find some evidence to support our theoretical expectation. These results highlight the implications that executive branch design has on public policy and governance in several ways.