Posted on 03/28/2005 5:12:15 PM PST by Valin
DENVER (AP) - The Colorado Supreme Court on Monday threw out the death penalty in a rape-and-murder case because jurors had studied Bible verses such as ``eye for eye, tooth for tooth'' during deliberations.
On a 3-2 vote, justices ordered Robert Harlan to serve life in prison without parole for kidnapping 25-year-old cocktail waitress Rhonda Maloney in 1994 and raping her at gunpoint for two hours.
The jurors in Harlan's 1995 trial sentenced him to die, but defense lawyers discovered five of them had looked up Bible verses, copied them down and talked about them while deliberating a sentence behind closed doors.
The Supreme Court said that ``at least one juror in this case could have been influenced by these authoritative passages to vote for the death penalty when he or she may otherwise have voted for a life sentence.''
Assistant District Attorney Michael Goodbee said prosecutors were reviewing the ruling and could ask the state Supreme Court to reconsider or could appeal to the U.S. Supreme Court.
During oral arguments before the Supreme Court last month, defense attorney Kathleen Lord said the jurors had gone outside the law. ``They went to the Bible to find out God's position on capital punishment,'' she said.
Prosecutors had argued that jurors should be allowed to refer to the Bible or other religious texts during deliberations.
By this reasoning, all judgments from the time we started having trials in this country, should be thrown out as people are unduly influenced by placing their hand on the Bible and swearing to tell the truth so help them, God.
Meanwhile Muslims somewhere become upset that some one may have in some way disrespected their religion and our so called MSM puts it on Page One!
You're out! Next potential juror please step forward.
Isn't this the position of the liberals?
A "living breathing Constitution"?
The US Supreme Court itself is looking outside American law, to other countries laws and customs in their rulings, how would this be different?
True liberals will welcome these kind of deliberations.
The division is happening, sheeps to one side, goats to the other.
Point taken.
Thanks
Still begs the question is this reason enough to commute the sentence?
Moral Absolutes Ping.
(Note: My absence of pinging the list to any more Terri Schiavo threads [for now] does not mean my concern - or yours - is in any way diminished or minimized. IMO this case is a huge turning point, either for good or ill; this remains to be seen.)
Here is a situation where God and scripture are the evil enemy. Jurors - citizens performing the duty that the state has demanded they perform - are absolutely prohibited from using God's law to inform the vital decisions they are called upon to make. Citizens performing jury duty is one of the very foundations of a republic such as ours was meant to be.
Now only atheists, secularists, leftists and the like will be allowed to make public decisions and choices. If a religious believer wants to affect the public life, he or she will have to pretend to be an atheist. IOW, believers in God must go in the closet.
This is not only a terrible disgrace, and completely 180 degrees opposite from what the founders of this country intended, but it is not the worst that it will get.
Just today I was discussing with friends how it happened that more Jews did not escape Germany and its occupied countries while they still had a chance. Of course, it was not possible for all to escape, but more could have.
The answer is this: Most thought that "it can't get any worse" as it got worse. They did not want to leave behind families, homes, traditions, some measure of security or comfort, attachments of one kind or another. Some did not want to think that the repression and cruelty could descend into the pit of hell it did. no doubt some did not think that such raw evil could exist.
Well, folks, I think we're in a similar situation. Not only it can get worse, it will.
Unless those of us who want to be on God's side - regardless of religious sectarianism - get some courage and strength to fight evil.
Let me know if anyone wants (back)on/off this pinglist.
Check out my post #8 on the other thread. You can catch my original tack on this subject. I was primed and ready to blow but had to back peddle myself a bit.
And some people still can't believe an Antichrist worse than Hitler could ever rise to power. If people believe the starving death of one innocent woman in Florida is bad, elimination of the population by lottery will be a kazillion times worse.
You mean the Christian Religion, I assume.
If a juror wants to quote the Koran, what is the problem with that? I would be interested in what he had to say, if I were another juror. If I thought it was wrong, I would not be unduly influenced by it. But some people cannot discuss morality without quoting the Koran. To do so is considered Apostasy. Are they to be prevented from discussing matters of morality when serving on a jury?
Gotta be in line with the latest tag poll. No judge takes up a gavel without one!/sarcasm
(Denny Crane: "Sometimes you can only look for answers from God and failing that... and Fox News".)
(Denny Crane: "Sometimes you can only look for answers from God and failing that... and Fox News".)
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