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Life or Death Decisions: Prosecutorial Power vs. Equality of Justice

This paper addresses constitutional safeguards as they apply to capital punishment; specifically, the lack of such safeguards regarding the use of prosecutorial discretion. In particular, the use of discretion at the charging stage is examined. Such analysis shows clear room for misuse of discretion and seeks to find methods by which such discretion can be restrained. Lastly, the existence of such misuse, and the implications for arbitrary and discriminatory application of the death sentence, raise issues of state priorities. Specifically, what is at issue is equality of justice having to compete with bureaucratic efficiency, and the implications of such competition for the justice system.

Journal of Contemporary Criminal Justice, Vol. 5, No. 4, 233-247 (1989)
DOI: 10.1177/104398628900500405


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