Examining capital prosecutorial discretion

Sophisticated sentencing fans realize that some of the most interesting and dynamic issues revolve around the exercise of prosecutorial authority and discretion.  (For a few recent examples, consider the recent Cassell opinion or  border agents case or the Genarlow Wilson case or the capital craziness in Arizona.)  This is especially true in the context of the modern application of the death penalty in the United States.

Consequently, I am very pleased to be participating in an exciting conference co-sponsored by Saint Louis University and Washington University School of Law entitled “Life and Death Decisions: Prosecutorial Discretion and Capital Punishment in Missouri.”  The conference takes place on Friday, March 2, 2007, and this webpage provides more details (including a schedule and participant list).

As this overview details, at the conference “scholars will present the results of a study of 1044 homicide cases in Missouri,” which shows that local prosecutors “made the majority of [capital sentencing] decisions in the exercise of prosecutorial discretion.”  The data from the study “suggest that there are significant disparities across counties in the ways that prosecutors exercise their discretion” and the conference is designed to “examine the data and consider policy options for promoting greater consistency across counties in the implementation of capital punishment.”