I have railed against the barbaric practice in the US of having the death penalty, something that many countries have dispensed with. But the existence of the death penalty also brings with it a set of perverse incentives for prosecutors. If they have a so-called death penalty case, one in which the district attorney or other body decides merits the death penalty, then the prosecutors in that case are also evaluated on whether they are able to get the jury to apply that penalty.
In most death penalty cases, there are two phases. The first is to determine the guilt or innocence of the accused. If the person is found guilty, the next phase is to decide whether the person is to be executed. The same jury makes both decisions, and it is considered a sign of success if a prosecutor can get a jury to vote for death and is good for their career. So they try everything they can to ensure that the jury that is empaneled will be willing to vote for death if a guilty verdict is reached.
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