Prosecutorial decision making in Taiwan: A partial test of Black's behavior of law.
Most prior studies have examined prosecutorial decision making from cognitive, organizational, and legal perspectives, with few studies applying a broad sociological model. This study attempts to address the gap by using Black's Behavior of Law as a theoretical framework to explicate prosecutorial behavior. With analysis of aggregate-level data from Taiwan for the period 1973 to 2005, the results partially support Black's propositions. Organization (martial law) and culture (educational attainment) are significantly associated with the levels of change in prosecutors' behavior in the directions hypothesized using Black's model. The remaining aspects of social life, however, do not have an effect on the prosecutors' decisions during the time frame. The findings suggest that mediating variables, such as the extent of governmental autocracy and control over legislative policy, need to be considered in explaining the behavior of law.
Department of Criminal Justice, West Virginia State University, Institute, West Virginia 25112, USA. stdsxk22@shsu.edu
Shih-Ya
SY
Kuo
Dennis
D
Longmire
Steven J
SJ
Cuvelier
Kuang-Ming
KM
Chang
D000124:Achievement; D003415:Crime / Q000523:psychology*; D003431:Cross-Cultural Comparison; D003657:Decision Making; D006801:Humans; D033222:Judicial Role; D011329:Prisoners / Q000523:psychology* / Q000706:statistics & numerical data*; D012929:Psychological Distance; D012922:Social Change; D012926:Social Control, Formal; D012927:Social Control, Informal; D012945:Social Values; D012959:Socioeconomic Factors; D013624:Taiwan; D014507:Urbanization