Whether prosecution evidence that a capital defendant has been sentenced to death once before in the same case impermissibly undermines the sentencing jury's sense of responsibility for determining the appropriateness of the defendant's death, and deprives the defendant of a reasoned, individualized sentencing determination

QUESTIONS PRESENTED L WHETHER PROSECUTION EVIDENCE THAT A CAPITAL DEFENDANT HAS BEEN | SENTENCED TO DEATH ONCE BEFORE IN THE SAME CASE IMPERMISSIBLY UNDERMINES THE SENTENCING JURY’S SENSE OF RESPONSIBILITY FOR DETERMINING THE APPROPRIATENESS OF THE DEFENDANT'S DEATH, AND DEPRIVES THE DEFENDANT OF A REASONED, INDIVIDUALIZED SENTENCING DETERMINATION BASED ON HIS RECORD, PERSONAL CHARACTERISTICS, AND THE CIRCUMSTANCES OF THE CRIME IN VIOLATION OF THE EIGHTH AND FOURTEENTH AMENDMENTS? : IL. WHETHER DENYING A CAPITAL DEFENDANT THE OPTION OF ENLARGING HIS SENTENCE AND WAIVING HIS BACK-TIME CREDIT IN ORDER TO PROVIDE THE JURY WITH A CURRENTLY VALID SENTENCING OPTION OF LIFE WITHOUT PAROLE VIOLATES THE RIGHT TO BE FREE FROM CRUEL AND UNUSUAL PUNISHMENT AND DENIES DUE PROCESS OF LAW ' UNDER THE EIGHTH AND FOURTEENTH AMENDMENT. ii