Shafer v. South Carolina, 532 U.S. 36, 23 (2001)

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58

SHAFER v. SOUTH CAROLINA

Thomas, J., dissenting

event the jury did not find an aggravating circumstance. But that is precisely why the trial court's answers were appropriate. It explained what "life" meant for purposes of the jury's sentencing option, and then added that "[p]arole eligibility or ineligibility is not for your consideration." App. 240.

The majority appears to believe that it could develop jury instructions that are more precise than those offered to Shafer's jury. It may well be right. But it is not this Court's role to micromanage state sentencing proceedings or to develop model jury instructions. I would decline to interfere further with matters that the Constitution leaves to the States.

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