In 1977, the Idaho Legislature sought to avoid the 'arbitrary and capricious' infliction of capital punishment through a number of safeguards and procedural protections. First, the power to sentence has been taken from juries and given to judges. Second, the trial to determine guilt has been separated from the presentence hearing. Third, at least one statutorily specified aggravating factor must be found beyond a reasonable doubt before a death sentence may be imposed. Even if one or more aggravating circumstances are found, a defendant can be sentenced to death only if the gravity of such factors is not outweighed by mitigating circumstances presented by the defendant. Finally, the sentencing judge must document the findings related to sentencing. In 1979, David Allen Osborn became the first person sentenced to die under the latest statutory procedures. Appeal to the Idaho Supreme Court yielded a decision that interprets and limits the statutory provisions in significant ways. The supreme court ruled that the trial judge's comments on mitigating factors were ambiguous and that the mitigating factors considered must be stated in writing by the judge. The court also specified that mitigating circumstances include not only those associated with the crime but relevant factors in the defendant's background. A total of 109 footnotes are provided.