54
Opinion of the Court
based upon 'fear rather than reason.' " (quoting Yarbrough v. Commonwealth, 258 Va. 347, 369, 519 S. E. 2d 602, 613 (1999))).
In sum, a life sentence for Shafer would permit no "parole, community supervision, . . . early release program, . . . or any other credits that would reduce the mandatory life imprisonment," S. C. Code Ann. § 16-3-20(A) (2000 Cum. Supp.) (set out supra, at 42, n. 1); this reality was not conveyed to Shafer's jury by the court's instructions or by the arguments defense counsel was allowed to make.
B
Ultimately, the State maintains that "[t]he prosecution did not argue future dangerousness," so the predicate for a Simmons charge is not present here. Brief for Respondent 42. That issue is not ripe for our resolution.
In the trial court, the prosecutor and defense counsel differed on what it takes to place future dangerousness "at issue." The prosecutor suggested that the State must formally argue future dangerousness. App. 161. Defense counsel urged that once the prosecutor introduces evidence showing future dangerousness, the State cannot avoid a Simmons charge by saying the point was not argued or calling the evidence by another name. See App. 161-162.
As earlier recounted, the trial judge determined that future dangerousness was not at issue, but acknowledged, at one point, that the prosecutor had come close to crossing the line. See supra, at 41-42, 43. The South Carolina Supreme Court, in order to rule broadly that Simmons no longer governs capital sentencing in the State, apparently assumed, arguendo, that future dangerousness had been shown at Shafer's sentencing proceeding. See supra, at 46-47; cf. Kelly, 343 S. C., at 363, 540 S. E. 2d, at 857 (recognizing that future dangerousness is an issue when it is "a logical inference from the evidence" or was "injected into the case through the State's closing argument"). Because the South
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