Casey Anthony is back. The made-for-TV movie, that is, based on the book written by the prosecutor. The tag line for the film “It was the perfect case to end his career” brings to mind a question that surely the producers never intended to raise: Do movie deals and big book advances for prosecutors in high-profile capital cases particularly when the money is enough to retire on undermine a prosecutor’s decision to seek the death penalty?
Short of a declaration of war, the power to seek and impose the death penalty is the most awesome and absolute power conferred on any living person under our Constitution. No one would disagree that such decisions should be guided solely by the administration of justice, free from conflict between a prosecutor’s personal interest and public duty. To maintain the integrity of the judicial system, however, more than simple avoidance of an actual conflict of interest is required. Prosecutors should avoid even the appearance that their decisions may be influenced by self-interest.
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