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Top US court OKs Bible use death penalty rejection
Reuters ^ | 10/03/05

Posted on 10/03/2005 12:47:56 PM PDT by nypokerface

WASHINGTON (Reuters) - The U.S. Supreme Court let stand on Monday a ruling that overturned the death penalty for a Colorado murderer because jurors during deliberations had been improperly influenced by passages from the Bible.

The justices declined to review a Colorado Supreme Court ruling that imposed a sentence of life imprisonment for Robert Harlan because jurors brought a Bible into the jury room and discussed the passage about an "eye for eye, tooth for tooth."

Without comment or recorded dissent, the nation's top court rejected an appeal by Colorado prosecutors who argued the introduction of the Bible into death penalty jury deliberations did not automatically violate the defendant's constitutional right to a fair trial.

Harlan was convicted and sentenced to death in 1995 for the kidnapping, rape and murder of a cocktail waitress who was on her way home from work at a casino. He also was convicted of shooting another woman who had given the waitress a ride.

According to the evidence, jurors brought a Bible, a Bible index and hand-written notes containing the location of passages into the jury room to share with another juror.

One passage stated: "Eye for eye, tooth for tooth, as he has caused disfigurement of a man, so shall it be done to him. And whoever kills an animal shall restore it, but whoever kills a man shall be put to death."

A trial judge overturned the death sentence after concluding that a reasonable possibility existed that use of the Bible would influence a typical juror to vote for the death penalty.

The Colorado Supreme Court agreed. "We can no longer say that Harlan's death sentence was not influenced by passion, prejudice or some other arbitrary factor," it ruled.


TOPICS: Culture/Society; Extended News; Government; US: Colorado
KEYWORDS: antitheist; scotus
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1 posted on 10/03/2005 12:47:57 PM PDT by nypokerface
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To: nypokerface

How stupid.


2 posted on 10/03/2005 12:51:09 PM PDT by Siena Dreaming
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To: Siena Dreaming

How stupid.
------
It is BEYOND STUPID. It represents the kind of insanity that takes place in court rooms today.


3 posted on 10/03/2005 12:52:27 PM PDT by EagleUSA
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To: Siena Dreaming

Why would someone need to consult the Bible on an issue as oft quoted as the justification for the Death Penalty. In any case bringing materials into the Jury Room other then court transcripts is forbidden entirely so its not surprising there was a mistrial called for.


4 posted on 10/03/2005 12:52:29 PM PDT by Borges
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To: nypokerface

I'll bet a quote from the devil would have fried they guy. I am never surprised but the "stuck on stupid" courts.


5 posted on 10/03/2005 12:52:34 PM PDT by caisson71
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To: nypokerface

Oh those wacky Christians... I guess they didn't read Jesus' new and improved version:

"You have heard that it was said, 'Eye for eye, and tooth for tooth.' But I tell you, Do not resist an evil person. If someone strikes you on the right cheek, turn to him the other also." (Matt. 5:38-29)


6 posted on 10/03/2005 12:52:48 PM PDT by Lunatic Fringe (North Texas Solutions http://ntxsolutions.com)
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To: nypokerface

Didn't the RAT Earle use the bible also to indict Delay or something like that?? I know I read it somewhere! Can anyone here find the thread or link to the article...just curious that's all!!


7 posted on 10/03/2005 12:53:34 PM PDT by RoseofTexas
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To: nypokerface

1. So basically they are saying that jurors no longer have freedom of religion.

2. Is Roberts active yet? This is two unfortunate choices for early decisions by the new Robert's court if he is active.


8 posted on 10/03/2005 12:53:35 PM PDT by gondramB ( We cannot defend freedom abroad by deserting it at home.)
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To: nypokerface
The Colorado Supreme Court agreed. "We can no longer say that Harlan's death sentence was not influenced by passion, prejudice or some other arbitrary factor," it ruled.

Such as the fact that he was guilty of heinous crime....

9 posted on 10/03/2005 12:53:47 PM PDT by Sans-Culotte (Meadows Place, TX- "Tom Delay Country")
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To: nypokerface

--- The Colorado Supreme Court agreed. "We can no longer say that Harlan's death sentence was not influenced by passion, prejudice or some other arbitrary factor," it ruled. ---

Kidnap, Rape, Murder... ya, the Bible being introduced into the jury deliberations was the REAL crime.


10 posted on 10/03/2005 12:54:15 PM PDT by Paloma_55 (Which part of "Common Sense" do you not understand???)
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To: nypokerface

Was Roberts in on this????????????????????????????


11 posted on 10/03/2005 12:55:25 PM PDT by ZULU (Fear the government which fears your guns. God, guts, and guns made America great.)
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To: Borges
Why would someone need to consult the Bible on an issue as oft quoted

Perhaps context. Also, sometimes people like to look up John 3:16 even though they know it's there too.

12 posted on 10/03/2005 12:56:13 PM PDT by Siena Dreaming
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maybe pingout tomorrow...


13 posted on 10/03/2005 12:57:25 PM PDT by little jeremiah (A vitiated state of morals, a corrupted public conscience, are incompatible with freedom. P. Henry)
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To: Paloma_55
The Bible is used to swear an oath on in court, and a juror cant have that very same volume?
14 posted on 10/03/2005 12:58:22 PM PDT by aspiring.hillbilly (!...The Confederate States of America rises again...!)
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To: Borges
Bringing materials in was not the reason they gave for overturning. Here it is:

use of the Bible would influence a typical juror to vote for the death penalty.

As if the whole jury process isn't about influencing jurors. Sheesh.

15 posted on 10/03/2005 12:58:34 PM PDT by Siena Dreaming
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To: Lunatic Fringe

I guess this means we should get rid of prisons, huh?


16 posted on 10/03/2005 1:00:32 PM PDT by Siena Dreaming
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To: nypokerface

Bad start.


17 posted on 10/03/2005 1:02:32 PM PDT by pabianice
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To: aspiring.hillbilly
The Bible is used to swear an oath on in court, and a juror cant have that very same volume?

A juror is not allowed to bring anything into the jury room to show other jurors - not a newspaper, not a law textbook, not a Bible, not a copy of Mike Mulligan and His Steam Shovel, not anything. Jurors are supposed to decide solely based on the evidence presented and the law which they have been asked to apply.

Although the example which the Supreme Court refused to review looks extreme, the principle is universal.

18 posted on 10/03/2005 1:03:47 PM PDT by SedVictaCatoni (<><)
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To: ZULU

"Was Roberts in on this????????????????????????????"

He's on the job, isn't he?


19 posted on 10/03/2005 1:04:41 PM PDT by highball ("I find that the harder I work, the more luck I seem to have." -- Thomas Jefferson)
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To: gondramB; ZULU; pabianice
05-87 COLORADO V. HARLAN, ROBERT E.
The motion of respondent for leave to proceed in forma pauperis is granted. The petition for a writ of certiorari is denied. The Chief Justice took no part in the consideration or decision of this motion and this petition.
20 posted on 10/03/2005 1:06:11 PM PDT by SedVictaCatoni (<><)
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