reweigh the aggravating factors against the mitigating factors. The Court concluded that, as the sentencer's discretion was limited in an objective fashion and directed in a reviewable manner, Florida's scheme also adequately narrowed the class of defendants eligible for the death penalty. The Court noted that Florida's scheme came closest to the Model Penal Code's recommendation of an ideal sentencing scheme, as it used a weighing scheme whereas Georgia's scheme did not, thus allowing for individual sentencing. Thus, Florida's death penalty scheme also complied with the Furman requirements and was thus also approved by the Court. Texas Texas's scheme differed considerably from that suggested by the Model Penal Code and followed in large part by Georgia and Florida. In order to narrow the class of death penalty-eligible defendants as required by Furman, the Texas Legislature did not adopt the "aggravating factors" approach outlined by the Model Penal Code. Instead, it chose to modify and severely narrow the legal definition of "capital murder", thus requiring certain objective elements to be present before one could be charged with capital murder and thus eligible for the death penalty. The 1976 law defined capital murder in Texas as involving one of the five situations: murder of a police officer or fireman; murder committed in the course of committing kidnapping, burglary, robbery, rape, or arson; murder committed for remuneration (contract killing); murder committed while escaping or attempting to escape from a penal institution; and murder committed by a prison inmate when the victim is a prison employee. If the defendant was convicted of capital murder, and if the prosecution sought the death penalty (which it has never been required to do in Texas), the second part of the bifurcated trial required the jury to consider two (or sometimes three) "special issues": whether the conduct of the defendant that caused the death of the deceased was committed deliberately and with the reasonable expectation that the death of the deceased or another would result; whether there is a probability that the defendant would commit criminal acts of violence that would constitute a continuing threat to society (under Texas law, "society" was defined as both inside and outside of the prison system; thus, a defendant who would pose a threat to persons inside prison – such as other inmates or correctional officers – would be eligible for the death penalty); and if raised by the evidence, whether the