While Blecker proposes a three step test in a draft statute, it does not feature much legal certainty – it features a large amount of jury discretion, which was deemed to be a violation of the US constitution [1] . Any such elastic definition would allow prosecutors to make an argument that pretty much any case is within such a category.  It also continues due use of “death qualified juries”, exclusively made up of death penalty supporters [2] , which are racially skewed toward being whiter. Would this then end up really being for the worst of the worst?  [1] See Furman v Georgia, 408 US 238 (1972)   [2] See Witherspoon v Illinois, 391 US 510 (1968)