Theorizing Political Responsiveness in Prosecutorial Decision-Making
This chapter details our theory for why we should expect the priorities and preferences of the president, Congress, and a U.S. Attorney’s local public to affect prosecutorial behavior. We argue that principal-agency theory provides a useful tool to understand how political principals like the president and Congress can influence U.S. Attorney decision-making. We expect that presidential rhetoric and congressional hearings on crime-fighting priorities will provide important, meaningful signals regarding these principals’ priorities and that federal prosecutors will adjust their behavior depending on the strength of the signals they have received from their principals. Additionally, we anticipate that U.S. Attorneys will be mindful of their local public’s preferences because they are often drawn from the district in which they serve and will continue to work in the district when their tenure ends. We also introduce the empirical measures used to capture political superiors’ communication to federal prosecutors that we rely on in the remainder of the book.