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Prosecutorial Discretion and the Death Penalty: An Integral Perspective

NCJ Number
245260
Journal
International Journal of Criminology and Sociology Volume: 2 Dated: 2013 Pages: 426-437
Author(s)
Matthew T. Mangino; David R. Champion
Date Published
2013
Length
12 pages
Annotation
This paper reviews some of the extant literature on the U.S. death penalty in general and the particular issue of decisionmaking for prosecutors.
Abstract
The prosecutor's choice to pursue the death penalty is one of the most momentous decisions he or she will face. Capital punishment represents the ultimate power of the State over its citizenry, and the decision to take the life of an offender is fraught with moral complexity. This paper reviews some of the extant literature on the U.S. death penalty in general and the particular issue of decisionmaking for prosecutors. Further, the paper introduces discussion on how Wilber's Integral theory might be applied to the topic. The paper present aspects of Integral theory, including the four quadrant model and what Wilber refers to as the Basic Moral Intuition (BMI), as possible tools that may be used to navigate the ethical difficulties surrounding this decisionmaking process. The authors anticipate that delving into aspects of the Integral theory and contemplating on how they relate to concrete issues of criminal prosecution may assist CJ practitioners in how they might find pathways to resolutions of ethical quandaries. (Published Abstract)