Hypotheticals, psychiatric testimony, and the death sentence.

"Doctor ... do you have an opinion within reasonable psychiatric certainty whether or not there is a probability that the defendant. . . will commit criminal acts of violence that would constitute a continuing threat to society?" "Yes, he most certainly would." "Would you state whether or not that would be true regardless where he is?" "It wouldn't matter whether he was in the penitentiary or whether he was free. Wherever he is he's going to continue what he's already been doing." "Would you state whether or not, Doctor, you have an opinion within reasonable psychiatric certainty as to the degree of that probability that you have just expressed to this jury?" "Well, yes, sir, I would put it at one hundred percent and absolute."1