ABSTRACT
When the Supreme Court struck down a number of capital punishment statutes in 1972 because they were held to be too arbitrary and did not permit individuation in sentencing (Furman v. Georgia 1972), state legislatures enacted statutes calling for a separate sentencing phase for defendants convicted of capital crimes. In such hearings, the fact finder would choose between the death penalty and life imprisonment based on the balance between aggravating factors presented by the prosecution (including prediction of future dangerousness) and mitigating factors presented by the defense (including mental disorder).
