In December, Luigi Mangione was arrested for shooting health insurance executive Brian Thompson. Last week, Trump’s attorney general, Pam Bondi, announced that she was seeking the death penalty. It’s a highly unusual announcement, since Mangione hasn’t even been indicted yet on a federal level. (He has been indicted in Manhattan.) By intervening in this high-profile case, the Trump administration has made clear that it believes that CEOs are especially important people whose deaths need to be swiftly and mercilessly avenged.
Doesn’t the defense have just as much say in terms of who gets selected out and which signals are used to parse that
Not really, no.
AFAIK, the defense and the prosecution get the same number of “just because it’s bad for my side” exclusions, but not being inclined to render a guilty verdict if there’s a possibility of the death penalty is an automatic exclusion that doesn’t count towards the prosecution’s “freebies”.
So yeah, the moment death penalty is on the table, the jury will be biased AND the defense will be much more likely to consider a plea deal for a lesser punishment, further stacking the deck in favor of the prosecution winning one way or the other regardless of actual guilt.