Cite as: 527 U. S. 1 (1999)
Opinion of the Court
ysis, the Court concluded that the error was not subject to harmless-error analysis because it "vitiates all the jury's findings," 508 U. S., at 281, and produces "consequences that are necessarily unquantifiable and indeterminate," id., at 282. By contrast, the jury-instruction error here did not "vitiat[e] all the jury's findings." Id., at 281; see id., at 284 (Rehnquist, C. J., concurring). It did, of course, prevent the jury from making a finding on the element of materiality.
Neder argues that Sullivan's alternative reasoning precludes the application of harmless error here. Under that reasoning, harmless-error analysis cannot be applied to a constitutional error that precludes the jury from rendering a verdict of guilty-beyond-a-reasonable-doubt because "the entire premise of Chapman review is simply absent." Id., at 280. In the absence of an actual verdict of guilty-beyond-a-reasonable-doubt, the Court explained: "[T]he question whether the same verdict of guilty-beyond-a-reasonable-doubt would have been rendered absent the constitutional error is utterly meaningless. There is no object, so to speak, upon which the harmless-error scrutiny can operate." Ibid.; see Carella, supra, at 268-269 (Scalia, J., concurring in judgment). Neder argues that this analysis applies with equal force where the constitutional error, as here, prevents the jury from rendering a "complete verdict" on every element of the offense. As in Sullivan, Neder argues, the basis for harmless-error review " 'is simply absent.' " Brief for Petitioner 7.
Although this strand of the reasoning in Sullivan does provide support for Neder's position, it cannot be squared with our harmless-error cases. In Pope, for example, the trial court erroneously instructed the jury that it could find the defendant guilty in an obscenity prosecution if it found that the allegedly obscene material lacked serious value under "community standards," rather than the correct "reasonable person" standard required by the First Amendment. 481 U. S., at 499-501. Because the jury was not properly
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