•  
  •  
 

Authors

Jonathan DeMay

Keywords

death penalty, discretion, controls, prosecutorial discretion, judicial review, death penalty influence, bias, internal control, judicial control, administrative control, legislative control, committee

Abstract

The most important variable affecting whether a defendant will be subject to the death penalty is often the particular ideology of the district attorney of a respective county. More subtle forms of arbitrariness, such as bias based upon race, gender and class, also pervade the process. Arguing that the dangers inherent in the present situation justify the imposition of controls over the exercise of prosecutorial discretion in the decision whether to seek the death penalty, Part I presents the nature and scope of prosecutorial discretion judicial review of that discretion and the influence that individual prosecutors can have in the exercise of such discretion in the context of the death penalty. Part II examines previously proffered controls of prosecutorial discretion and considers the appropriateness of utilizing these controls to limit the exercise of discretion in the decision whether to seek the death penalty. Part III asserts that within our current criminal justice system, potential controls must focus on improving the decision-making process in which discretion is exercised. This Note concludes that a single statewide inter-office death penalty committee is the most appropriate control of the exercise of prosecutorial discretion in such a critical decision.

Included in

Criminal Law Commons

Share

COinS
 
 

To view the content in your browser, please download Adobe Reader or, alternately,
you may Download the file to your hard drive.

NOTE: The latest versions of Adobe Reader do not support viewing PDF files within Firefox on Mac OS and if you are using a modern (Intel) Mac, there is no official plugin for viewing PDF files within the browser window.