The Eighth Amendment requires that the jury be given discretion in capital cases, but this discretion must be guided with objective standards. North Carolina's attempt to conform to this constitutional standard is found in N.C. Gen. Stat. §§ 15A-2000 to 2003, effective June 1, 1977.
J. Craig Young, Criminal Law - Death Penalty: Jury Discretion Bridled, 5 Campbell L. Rev. 451 (1983).