To say that there is a sharp division over how much, if any, Biblical verses and prayer should play in capital cases. Numerous jurisdictions over the years of the Weekly's publication have held that such usage is inappropriate and vacated death sentences in light of its usage (Colorado, Ninth Circuit, Eleventh Circuit, Ohio, & Pennsylvania). Others have overlooked problems finding either no problem or a minimal problem (Fourth Circuit, Mississippi, & Ohio)
The U.S. Court of Appeals for the Fourth Circuit today denied rehearing en banc on one such issue. Although time constraints don't permit a more developed analysis than merely noting an obviously jurisdictional split, this issue appears to be a prime target for SCOTUS review.
For more on the subject see Elizabeth A. Brooks' controversial note, Thou Shalt Not Quote the Bible: Determining the Propriety of Attorney Use of Religious Philosophy and Themes in Oral Arguments, 33 Ga. L. Rev. 1113 (1999) (Brook's thoroughly surveys the case law surrounding evoking religious iconography in court); Gardner C. Hanks, "Capital Punishment and the Bible," (explores the death penalty by reviewing biblical references to capital punishment in their historical context and by examining the U.S.'s current application of the death penalty in light of these scriptures); and Dale Recinella, "The Biblical Truth About America's Death Penalty" (Analyzing capital punishment through an examination of religious texts and teachings.)
Bible in jury deliberations, past time for SCOTUS action?
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The site contains, chiefly, the thoughts and analysis of Karl Keys. It is designed to be a first draft of history & a first draft review of case law, not the last. The goal is to get timely, accurate and germane information to those involved or interested in capital litigation. In the balance between speed and accuracy, speed sometimes wins. The law may have changed, we may have misread and misunderstood something ten years ago and still be clinging to a misperception. It is not intended to be a comprehensive review of the law. This web site is only updated on a semi-regular (whenever there is nothing good on TV or pending court deadline). Any information or links contained on this website should not be viewed as the furnishing of legal advice or as to any claim of specialization rather is given for informational puproses only and does not constitute the formation of an attorney-client relationship.

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