sk that it would be irrationally applied."
Furman in effect invalidated all outstanding death penalty laws in the United States. Thirty-five states then re-enacted death penalty statutes with new features designed to meet the criteria set forth in Furman. The death penalty was typically reserved only for certain types of premeditated murder. Juries were given the task of deciding whether or not to impose the death penalty in a bifurcated proceeding separate from trial on guilt or innocence. At capital sentencing hearings, juries were directed to consider specific aggravating and mitigating factors. Under Gregg v. Georgia, 428 U.S. 153 (1976), and subsequent decisions, the Court upheld most but not all of these state statutes. During the 1970s and 1980s homicide rates rose sharply across the country. Most public opinion polls showed solid support for the death penalty in the 66 to 76 percent range between 1977 and 1998 (Banner, 2001, p. 275). A Gallup poll taken in 2002 showed an 82-13 majority in favor of capital punishment
...