Read the following excerpt from a US court opinion:
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arguments exclusively discussed the concept of unanimity, even with regard to the possible non-death sentences. For example, Instruction Number 14 stated as follows: In the event you assess the death penalty, your verdict must be unanimous. You may also return a unanimous verdict of imprisonment for life without the possibility of parole or imprisonment for life with the possibility of parole. When you have reached your verdict, all of you in a body must return it into open court. There is, however, no discussion in the instructions of the effect of the jury failing to reach a unanimous verdict. This court certainly recognizes that such an instruction is required only in unusual circumstances. See Jones v. United States, 527 U.S. 373, 381-82, 119 S.Ct. 2090, 144 L.Ed.2d 370 (1999) . Nevertheless, the failure to so inform the
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What is the most suitable continuation to the opinion? Your options are:
A. holding that when both parties agree that the facts of the case entitled defendant to a selfdefense instruction failing to so instruct the jury was error
B. holding that the failure to properly instruct the jury on the burden of proof required a new trial
C. holding that a failure to instruct the jury on additional uncharged conspiracies is not reversible error so long as the jury is instructed that the government has the burden to prove the charged conspiracy
D. holding eighth amendment does not require trial courts to instruct jury on consequences of failure to agree on sentence unless to fail to do so would affirmatively mislead the jury regarding its role in the sentencing process
E. holding that the district courts failure to instruct the jury as to the proper standard of proof constituted plain error
Reply with [A, B, C, D, E] only.