Prosecutorial Decision-Making in Kentucky Death Eligible Homicide Cases, 2000–2016: A Focal Concerns Approach

This study examines prosecutorial decision-making for seeking the death penalty in Kentucky death-eligible cases between 2000 and 2016. The analysis includes both propensity score matching (PSM) and logistic regression. PSM allows researchers to better identify sentencing disparities in sentencing concerning the defendant and victim’s race. Using both sets of official court records compiled by the Kentucky Department of Public Advocacy and the Jefferson County Public Defender’s Office, we examined all death-eligible Kentucky homicide cases from 2000 to 2016 ( N = 944). The results offer support to the Focal Concerns theory. Prosecutors treated defendants who took a female’s life as more blameworthy. Unlike previous Kentucky-based studies, homicide cases featuring a Black defendant and a White victim did not attract prosecutorial attention. The findings support that protection of the community is the foremost reason why a prosecutor would seek the death penalty.