"Whenever future dangerousness is at issue in a capital sentencing proceeding under South Carolina's new scheme, due process requires that the jury be informed that a life sentence carries no possibility of parole," she concluded.
The jury process was informed by a previous jury conducted in 2007 to examine women's views on mammography screening (protocol details provided by the authors via personal communication).
Steven R. Peikin, an assistant United States attorney, told the jury that Mr. Quattrone was informed of investigations by NASD, a securities industry self-regulatory organization, and later by the Securities and Exchange Commission and a grand jury, before he approved sending the e-mail.
"As my grand jury testimony stated, I was informed in 2002 by an assistant coach that he had witnessed an incident in the shower of our locker room facility.
At Buck's sentencing hearing, the jury that set his punishment was informed by a psychologist that black people had a higher rate of violent behaviour, a statement used by the prosecution as its key argument against giving him an alternative penalty of life imprisonment.
Midway in the proceedings, the jury, having heard Anderson's name frequently, was informed that Anderson would be unavailable to testify.
"The jury must be informed, at a minimum, that the substitutions are what the witnesses would say if called to testify," the panel said, adding that the jury should also be informed that "neither the parties nor the district court has ever had access to the witnesses".
By the Sixth Amendment, an accused person is to have a speedy public trial by jury, to be informed of the nature of the accusation, to be confronted with prosecution witnesses, and to have the assistance of counsel.
In a 1994 decision, also from South Carolina, the United States Supreme Court had ruled that whenever the prosecution made an issue of a murder defendant's future dangerousness, the jury must be informed that life without parole meant no possibility of release.
