246
Stevens, J., dissenting
ground" evidence to the question whether the aggravator had been proved sheds no light on the question whether it understood that such evidence would also be relevant on the separate question whether a life sentence would be appropriate even if Weeks was "guilty of at least 1 of the alternatives." Id., at 217.
The jury's refusal to find that petitioner would constitute a continuing threat to society also explains why it did not use the second form, which covered the option of a death penalty supported by both aggravators.6 The choice then, was between the third alternative, which included a finding that the second aggravator had been proved,7 and the fourth or fifth alternatives, neither of which included any such finding.8 Despite the fact that trial counsel had expressly
6 That form read as follows: "We, the jury, on the issue joined, having found the defendant, LONNIE WEEKS, JR., GUILTY of CAPITAL MURDER and having unanimously found after consideration of his history and background that there is a probability that he would commit criminal acts of violence that would constitute a continuing serious treat [sic] to society, and having unanimously found that his conduct in committing the offense is outrageously or wantonly vile, horrible or inhuman in that it involved depravity of mind and/or aggravated battery and having considered the evidence in mitigation of the offense, unanimously fix his punishment at death." App. 196-197.
7 This form, the one ultimately filed by the jury, read: "We, the jury, on the issue joined, having found the defendant, LONNIE WEEKS, JR., GUILTY of CAPITAL MURDER and having unanimously found that his conduct in committing the offense is outrageously or wantonly vile, horrible or inhuman in that it involved depravity of mind and/or aggravated battery and having considered the evidence in mitigation of the offense, unanimously fix his punishment at death." Id., at 228.
8 The fourth form read: "We, the jury, on the issue joined, having found the defendant, LONNIE WEEKS, JR., GUILTY of CAPITAL MURDER and having considered all of the evidence in aggravation and mitigation of such offense, fix his punishment at imprisonment for life." Id., at 197-198. The fifth form was identical except for providing that Weeks' punishment was to be fixed "at imprisonment for life and a fine" for an amount to be filled in by the jury. Id., at 198.
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