Prosecutorial Decision Making in Taiwan: A Partial Test of Black's Behavior of Law

• NCJ Number: 233371
• Journal: International Journal of Offender Therapy and Comparative Criminology Volume: 54 Issue: 6 Dated: December 2010 Pages: 1023-1046
• Author(s): Shih-Ya Kuo; Dennis Longmire; Steven J. Cuvelier; Kuang-Ming Chang
• Date Published: December 2010
• Length: 24 pages
• Publication Format: Article
• Publication Type: Report (Study/Research)
• Language: English
• Country: United States of America

Annotation

This study examined prosecutorial decisionmaking in Taiwan.

Abstract

Most prior studies have examined prosecutorial decisionmaking 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. (Published Abstract)