In death penalty cases, the Supreme Court has held that the Eighth Amendment does not require that a jury be instructed as to the consequences of their failure to agree.

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The Supreme Court has held that in capital sentencing, the Eighth Amendment does not require jurors to be instructed that if they cannot reach a unanimous decision, the consequence will be a life sentence, not a death sentence. This is because the Court has found that such an instruction could unduly coerce jurors into changing their vote to avoid a deadlock.

In Death Penalty Cases, the Supreme Court Has Held That