Selecting Charges

2021 ◽  
pp. 34-58
Author(s):  
Matt Barno ◽  
Mona Lynch
Keyword(s):  
Mass Incarceration ◽  
Empirical Literature ◽  
Criminal Sentencing ◽  
Prosecutorial Discretion ◽  
Legal Structures ◽  
Criminal Charges ◽  
Key Driver

Prosecutorial discretion in charge selection has far-reaching consequences throughout the criminal adjudication process. Through their initial charging decisions, prosecutors not only determine who will be subject to the state’s penal power—they also define the terms under which defendants will strategize and negotiate to mitigate their potential punishment. This chapter provides an overview of the criminal charging process, including the legal parameters within which prosecutors exercise their charging discretion and how that discretion is exercised in practice. The chapter begins with a discussion of constitutional limits on the power to initiate criminal charges, as well as limits on the severity of charges. We describe how formal legal structures governing criminal sentencing interact with prosecutors’ power and incentives at the charging stage. We then review both the empirical literature documenting variations in charging practices and the key theoretical explanations for those variations. Finally, we summarize recent research suggesting that prosecutorial charging decisions may be a key driver of the carceral trends that define mass incarceration. The chapter concludes with reflections and recommendations regarding future lines of research on prosecutorial charging practices.

scholarly journals Criminal Punishment, Labor Market Outcomes, and Economic Inequality: Devah Pager’s Marked: Race, Crime, and Finding Work in an Era of Mass Incarceration

2016 ◽  
Author(s):  
Brett Burkhardt
Keyword(s):  
Labor Market ◽  
Economic Inequality ◽  
Labor Market Outcomes ◽  
Mass Incarceration ◽  
Empirical Literature ◽  
Criminal Record ◽  
Criminal Punishment ◽  
Market Outcomes ◽  
Former Prisoners

A growing empirical literature examines the role of incarceration in labor market outcomes and economic inequality more broadly. Devah Pager’s book, Marked: Race, Crime, and Finding Work in an Era of Mass Incarceration (2007), offers compelling evidence that employment opportunities for former prisoners--especially black former prisoners--are bleak. I review Pager’s methods and findings, place them in the context of previous work, and discuss the relation of race to a criminal record. I then explore several lines of related research that investigate the increasing reach of criminal punishment into various social realms. One goal of this essay is to draw research on economic inequality into the law and society literature.

Enterprise Form, Participation, and Performance in Mutuals and Co-operatives

2017 ◽  
Author(s):  
Zoe Adams ◽  
Simon Deakin
Keyword(s):  
Empirical Literature ◽  
Control Rights ◽  
Legal Form ◽  
Performance Effects ◽  
Legal Structures ◽  
Average Worker ◽  
And Performance ◽  
The Cost ◽  
And Control ◽  
Corporate Governance Reforms

Mutuals and co-operatives have a distinct legal form which sets them apart from commercial companies. This chapter reviews the theoretical and empirical literature on the governance and performance effects of these differences, showing that it may be misleading to think of workers and customers as the owners of mutual enterprises, and that a more precise focus on the content of voice, income, and control rights in particular organizations is needed in order to assess the implications of different legal structures for economic performance. Empirical evidence suggests that, on average, worker and customer mutuals are more risk-averse and less profitable, but more sustainable, than commercial entities structured as companies limited by share capital. However, the mutual form does not guarantee that the firm is run in a more democratic and participative way. Mutualization, therefore, while useful in some contexts, should not be explored at the cost of wider corporate governance reforms.

Criminal Punishment, Labor Market Outcomes, and Economic Inequality: Devah Pager's

2009 ◽  
Vol 34 (04) ◽  
pp. 1039-1060 ◽  
Author(s):  
Brett C. Burkhardt
Keyword(s):  
Labor Market ◽  
Economic Inequality ◽  
Labor Market Outcomes ◽  
Mass Incarceration ◽  
Empirical Literature ◽  
Criminal Record ◽  
Criminal Punishment ◽  
Market Outcomes ◽  
Former Prisoners

A growing empirical literature examines the role of incarceration in labor market outcomes and economic inequality more broadly. Devah Pager's book, Marked: Race, Crime, and Finding Work in an Era of Mass Incarceration (2007), offers compelling evidence that employment opportunities for former prisoners—especially black former prisoners—are bleak. I review Pager's methods and findings, place them in the context of previous work, and discuss the relation of race to a criminal record. I then explore several lines of related research that investigate the increasing reach of criminal punishment into various social realms. One goal of this essay is to draw research on economic inequality into the law and society literature.

scholarly journals The Interplay of Entrepreneurial Innovation, Government Regulation and Performance: any Lessons for The SMEs. A Theoretical Review

2021 ◽  
Vol 17 (12) ◽  
Author(s):  
Eunice Dushime ◽  
Stephen Muathe ◽  
Lucy Kavindah
Keyword(s):  
Government Regulation ◽  
Empirical Literature ◽  
Medium Size ◽  
Government Regulations ◽  
Resource Based View ◽  
Small And Medium Enterprise ◽  
Medium Enterprise ◽  
Key Driver ◽  
Entrepreneurial Innovation ◽  
And Performance

Entrepreneurial innovation is acknowledged as a key driver for improving the productivity of small and medium-sized enterprises. The effect of innovation on performance has been extensively researched, but many have overlooked small and medium-sized enterprises and government regulations. This paper provides a study of the current theoretical and empirical literature on entrepreneurial innovation constructs, government regulations and small and medium enterprise performance. The study's specific objectives have been to discuss the main concepts of entrepreneurial innovation, government regulation and performance related to small and medium-size firms. It also aims to establish theories that link entrepreneurial innovation and government regulations; to recommend a conceptual and methodological framework to guide future studies on the identified knowledge gaps. The study was anchored by a resource based view theory supported by dynamic capability theory, Schumpeter’s innovation theory. The study was a review of previous research on entrepreneurial innovation and firm performance. These studies seem to have centered on a direct link between innovation and performance, according to the results. Thus, it is recommended that further research incorporate the small and medium enterprise context to highlight how entrepreneurial innovation affects these enterprises and the moderating variable of government regulations.

Concluding Thoughts and Implications

2018 ◽  
pp. 151-156
Author(s):  
Banks Miller ◽  
Brett Curry
Keyword(s):  
Empirical Literature ◽  
Clear Pattern ◽  
Short Term ◽  
Prosecutorial Discretion ◽  
Imperial Presidency ◽  
The Rich

This chapter revisits key findings presented throughout the book. The results indicate a clear pattern of executive influence on the work of U.S. Attorneys (USAs). Additional results suggest that Congress has more influence than previously considered. The models in Chapter 6 show that Booker increased the influence of the President as well as the discretion of federal prosecutors. This naturally leads to questions about how future administrations will attempt to influence USAs and, more directly, how the Trump administration’s focus on narcotics and immigration will alter the priorities of USAs. Beyond this short-term speculation, the final chapter grounds the results in the rich empirical literature on the control of agents, prosecutorial discretion, and the imperial presidency.

Exceptional America

2017 ◽  
Author(s):  
Mugambi Jouet
Keyword(s):  
New York ◽  
San Francisco ◽  
Mass Incarceration ◽  
American Exceptionalism ◽  
Wealth Inequality ◽  
Law School ◽  
Gun Control ◽  
Alexis De Tocqueville ◽  
American Conservatism ◽  
The Bible

Americans are far more divided than other Westerners over basic issues, including wealth inequality, health care, climate change, evolution, the literal truth of the Bible, apocalyptical prophecies, gender roles, abortion, gay rights, sexual education, gun control, mass incarceration, the death penalty, torture, human rights, and war. The intense polarization of U.S. conservatives and liberals has become a key dimension of American exceptionalism—an idea widely misunderstood as American superiority. It is rather what makes America an exception, for better or worse. While exceptionalism once was largely a source of strength, it may now spell decline, as unique features of U.S. history, politics, law, culture, religion, and race relations foster grave conflicts and injustices. They also shed light on the peculiar ideological evolution of American conservatism, which long predated Trumpism. Anti-intellectualism, conspiracy-mongering, radical anti-governmentalism, and Christian fundamentalism are far more common in America than Europe, Canada, Australia, and New Zealand. Drawing inspiration from Alexis de Tocqueville, Mugambi Jouet explores American exceptionalism’s intriguing roots as a multicultural outsider-insider. Raised in Paris by a French mother and Kenyan father, he then lived throughout America, from the Bible Belt to New York, California, and beyond. His articles have notably been featured in The New Republic, Slate, The San Francisco Chronicle, The Huffington Post, and Le Monde. He teaches at Stanford Law School.

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