Strategic Behavior and Prosecutorial Agenda Setting in United States Attorneys' Offices: The Role of U.S. Attorneys and Their Assistants*

Abstract

U.S. attorneys behave strategically when setting prosecutorial agendas, although personal preference is but one facet in the decision-making process. Indeed, U.S. attorneys increasingly pursue Justice Department priorities because the department can supply resources that help U.S. attorneys achieve future employment goals. Thus, the department can obtain U.S. attorneys' assistance by playing to their self-interest. Assistant U.S. attorneys also behave strategically. Assistants increasingly have become career employees and, thus, do not need to take complex cases to impress potential private employers. Some assistants slack, taking cases that involve the least work. Other assistants resist new department or office priorities, believing that they should decide those priorities. Present approaches for monitoring and motivating assistants are insufficient to cope with a growing cadre of career prosecutors.