Foreclosed impartiality in capital sentencing: Jurors' predispositions, guilt-trial experience, and premature decision making

The bifurcation of the capital trial into separate guilt. and sentencing ph ases is the most decisive and uniform change in the administration of the d eath penalty under the capital statutes approved in Gregg v. Georgia(1) and companion cases. By law, jurors make the life or death sentencing decision at a separate penalty trial after the determination of guilt in accordance with carefully drawn sentencing instructions. These sentencing instruction s are intended to guide the exercise of sentencing discretion by articulati ng those aggravating and mitigating considerations that are relevant to thi s decision. In this way, the exercise of capital sentencing discretion is t o be guided and thus freed of constitutionally impermissible caprice, arbit rariness, and discrimination. The Supreme Court has underscored the importa nce of a separate and independent sentencing decision in Morgan v. Illinois ,(2) requiring that capital jurors give effect to the statutory considerati ons that are appropriate for the sentencing decision.(3)