After the Supreme Court ruled in the 1970s that the death penalty was unconstitutional based on the way that most state statutes were written, most states re-wrote their death penalty statutes to include a ________, where there was one phase of a trial to decide guilt or innocence and one phase of a trial to decide the punishment.

A. three-phase trial
B. incapacitation clause
C. due process clause
D. bifurcated proceeding


Answer: D

Criminal Justice

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