ABSTRACT
Whether a defendant receives the most severe punishment available in the American legal system—the death penalty—is determined by a unique legal proceeding: the penalty phase of the capital murder trial. Perhaps more than any other legal decision, the penalty phase decision relies on arguments grounded in human psychology. This chapter summarizes research on the distinctive components of the penalty phase and use social-psychological theories to provide some insight into the process and content of the penalty phase trial. The theory of moral disengagement developed by Albert Bandura provides a useful framework for understanding the motives and arguments of attorneys and jurors in the penalty phase. The theory attempts to explain how people justify and distance themselves from morally troubling behaviors. The goal of the psychological expert is to humanize the defendant and to help jurors find a reason to show compassion and spare the defendant's life.
