In fact, the prosecutor said in court: "I'm not going to argue future dangerousness.

You need to be prepared for: 'This spot is a sign of future dangerousness,' when someone is up for parole.

Texas and Oregon are the only states that allow testimony on future dangerousness as a factor in imposing the death penalty.

Only Oregon joins Texas in having death sentences turn solely on predictions of future dangerousness.

(In the 29 other states with the death penalty, future dangerousness plays no role at all.)

"The unreliability of psychiatric predictions of long-term future dangerousness is by now established fact within the profession," the association told the court.

The Texas death penalty statute required that the jury consider whether Barefoot would pose "future dangerousness".

Nevertheless, courts have been willing to accept such testimony despite the lack of empirical evidence that these predictions of future dangerousness are accurate.

Ms. Stovall replied that "so long as we have a medical justification for commitment and we show future dangerousness," such a law would be valid.

He also belittled the recantations by the Coleman brothers and said the brutality of the killing was enough to prove future dangerousness.