Cite as: 528 U. S. 225 (2000)
Opinion of the Court
p.m., the judge informed counsel that he had received the following written question from the jury:
"If we believe that Lonnie Weeks, Jr. is guilty of at least 1 of the alternatives, then is it our duty as a jury to issue the death penalty? Or must we decide (even though he is guilty of one of the alternatives) whether or not to issue the death penalty, or one of the life sentences? What is the Rule? Please clarify?" Id., at 91 (emphasis in original).
The judge wrote the following response: "See second paragraph of Instruction #2 (Beginning with 'If you find from . . .')." Ibid. The judge explained to counsel his answer to the jury's question:
"In instruction number 2 that was given to them, in the second paragraph, it reads, 'If you find from the evidence that the Commonwealth has proved, beyond a reasonable doubt, either of the two alternatives, and as to that alternative, you are unanimous, then you may fix the punishment of the defendant at death, or if you believe from all the evidence that the death penalty is not justified, then you shall fix the punishment of the defendant at imprisonment for life, or imprisonment for life with a fine not to exceed $100,000.' "I don't believe I can answer the question any clearer than the instruction, so what I have done is referred them to the second paragraph of instruction number 2, and I told them beginning with, 'if you find from,' et cetera, et cetera, for them to reread that paragraph." 1 App. 222-223.
1 Instruction No. 2, in its entirety, read: "You have convicted the defendant of an offense which may be punished by death. You must decide whether the defendant shall be sentenced to death or to imprisonment for life or to imprisonment for life and a fine of a specific amount, but not more than $100,000.00. Before the penalty can
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