The Federal/State Criminal Prosecution Nexus

A Case Study in Cooperation and Discretion

Bibliographic Data

ID12177100
AuthorsL L Miller (0000-0001-6165-2203, Rutgers Sexual and Reproductive Health and Rights, corresponding author), James Eisenstein, J P Eisenstein (0000-0001-5460-0464)
Year2005
Volume30
Issue2
Pages239-268
Publication date2005-01-01
Open AccessYes
TypeARTICLE
VenueLaw & Social Inquiry (JOURNAL)
Journal identifiersISSN: 0897-6546 • E-ISSN: 1747-4469
PublisherCambridge University Press (CUP) (PUBLISHER)
DOI10.1086/432446
OpenAlexW4234498780
LanguageEN
Citations received1
References cited14

Contemporary studies of prosecutorial decision making at the state level are infrequent, and even fewer studies examine the discretionary decisions of federal prosecutors. In addition, virtually no scholarly literature examines the growing overlap between federal and state criminal jurisdiction. This paper advances both theoretical and empirical understandings of the organizational and political contexts in which prosecutorial discretion takes place by exploring the nexus between federal and state criminal jurisdictions. Drawing on interview research in a large urban area with several active federal/state cooperative prosecution programs, we suggest that these cooperative relations open new avenues of discretion for local and federal prosecutors; limit the authority of other court actors, including state judges; and erode the distinctions between federal and local criminal jurisdiction

Administrative discretion · Criminal jurisdiction · Discretion · Exclusive jurisdiction · Federal court · Federalism · Jurisdiction · Nexus (standard · Nexus (standard) · Political science · Politics · State (computer science · State (computer science) · Crime Patterns and Interventions · Criminal Justice and Corrections Analysis · Engineering · Law · Wildlife Conservation and Criminology Analyses

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