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  #31 (permalink)  
Old 10-16-2009
Swoop187's Avatar
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Re: Sentenced to death based partly on the Old Testament...

Quote:
Originally Posted by Speakeasy View Post
Once again, you really don't know what you're talking about.

Use of Religious Source Material

It is simply not allowed. You cannot have any material in the deliberation room that can be classified as an external influence. Bibles with specific highlighted passages would be classified as such.
That's unconstitutional.

You might as well say one cant make a decision based on ones personal morals or ethics and THAT'S EXACTLY WHAT RELIGION IS.

What is a judge going to do next? manufacture an outcome via jury instructions?

Call a mistrial fine, call for a sentencing appeal, whatever, but these people are with in their LEGAL rights to use the Bible.

Are "unpolitically correct" ethics deemed as outside influences too?
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  #32 (permalink)  
Old 10-16-2009
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Re: Sentenced to death based partly on the Old Testament...

To only make matters worse the judge could easily trump the Jury's sentencing recommendation by issuing a JNOV.
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  #33 (permalink)  
Old 10-16-2009
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Re: Sentenced to death based partly on the Old Testament...

Quote:
Originally Posted by Swoop187 View Post
That's unconstitutional.

You might as well say one cant make a decision based on ones personal morals or ethics and THAT'S EXACTLY WHAT RELIGION IS.

What is a judge going to do next? manufacture an outcome via jury instructions?

Call a mistrial fine, call for a sentencing appeal, whatever, but these people are with in their LEGAL rights to use the Bible.

Are "unpolitically correct" ethics deemed as outside influences too?
No one is saying jurors can't rely on their moral convictions or that they can't use things they've learned from the Bible to help them make a judgment. The problem is actually, physically having Bibles in the deliberation room. That isn't allowed.
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  #34 (permalink)  
Old 10-16-2009
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Re: Sentenced to death based partly on the Old Testament...

Sounds like the guy was guilty and would have been sentence to death under Texas law. However, the Bible,Koran or any other relegious text does not belong in the jury room. If I had been on that jury I would have raised objections to passing aroung scripture, which makes me wonder if the jury wasn't made up of "evangelical Christians" , which I would think the defense attorney could have objected too. I know nothing about this particular case, but Texas certainly has a history of appointing very weak and sometimes inneffectual counsel to capital defendants.

BTW, the Old Testament passes out the death penalties for many offenses from homosexuality to working on the Sabbath, I doubt anyone who has actually read the Old Testament would want to be under that law. I think any decent attorney could make an argument based on that on appeal.

However, the guy's probably a gonner and most likely deserves it.

To me the issue here is respect for the law.
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  #35 (permalink)  
Old 10-16-2009
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Re: Sentenced to death based partly on the Old Testament...

Quote:
Originally Posted by Speakeasy View Post
No one is saying jurors can't rely on their moral convictions or that they can't use things they've learned from the Bible to help them make a judgment. The problem is actually, physically having Bibles in the deliberation room. That isn't allowed.
That's unconstitutional, that's DENYING a persons RIGHT to a Bible and that's against the First Amendment.

Ruling that the Bible is an outside influence is frivolous.

This is the whole reason for jury selection too, to get rid of bias.

I'm not taking any sides here, this is a gray issue that doesn't have a legal standard BUT it does have plenty of legal solutions. The fact of the matter remains the same NO ONE here broke the law.
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  #36 (permalink)  
Old 10-16-2009
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Re: Sentenced to death based partly on the Old Testament...

Quote:
Originally Posted by Swoop187 View Post
That's unconstitutional, that's DENYING a persons RIGHT to a Bible and that's against the First Amendment.
Nobody has a right to the Bible in any given situation, that is absolutely ridiculous and shows that you once again have no clue about what you're speaking of.
Quote:
Ruling that the Bible is an outside influence is frivolous.
It is unconstitutional. If that is 'frivolous' to you, then yikes is all I can really say.
Quote:
This is the whole reason for jury selection too, to get rid of bias.

I'm not taking any sides here, this is a gray issue that doesn't have a legal standard BUT it does have plenty of legal solutions. The fact of the matter remains the same NO ONE here broke the law.
What?! I just linked you to a number of legal standards establishing that bibles cannot be used as source material during deliberations:

Quote:
Romine v. Head ,
253 F.3d 1349 (11th Cir. 2001 )

Death sentence reversed on habeas where religion permeated sentencing; court relies primarily on prosecutor’s improper arguments but also cites to jurors’ use of Bible during deliberations in finding sentencing proceeding fundamentally unfair.

Jones v. Kemp,
706 F.Supp. 1534 (N.D.Ga. 1989)

Capital case. Writ of habeas corpus was conditionally granted because trial court erred in allowing Christian Bible into jury deliberation room. The court noted that it is well established that religion may not play a role in sentencing.

State v. Williams,
777 N.E.2d 892 (Ohio App. 2002)

Interest of justices required that Ohio death row inmate receive a hearing where evidence indicated that jurors undertook group prayer along with court personnel.

Glossip v. State,
29 P.3d 597 (Okla. Crim. App. 2001)

While reversing capital case on ineffectiveness ground, court notes impropriety of jurors’ use of bible at both stages of trial.

Ex Parte Troha,
462 So.2d 953 (Ala. 1984)

State supreme court granted writ of certiorari and reversed petitioner's rape conviction because juror consulted a minister, who was also his brother, for guidance and scripture references to enable him to make decision in accordance with Christian principles.

State v. Harrington,
627 S.W.2d 345 (Tenn. 1981), cert. denied, 457 U.S. 1110 (1982)

Capital case. New sentencing proceeding was required because jury foreman read biblical passages to other jurors during their sentencing deliberations.
Use of Religious Source Material

Yikes.
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  #37 (permalink)  
Old 10-16-2009
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Re: Sentenced to death based partly on the Old Testament...

*begins beating Speakeasy in the head with a 2X4*


Enough already!
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  #38 (permalink)  
Old 10-16-2009
Secretary of Defense

 
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Re: Sentenced to death based partly on the Old Testament...

Quote:
Originally Posted by daddio View Post
not a theology lesson. track the language back.
haha i love how you always say something like "you didn't understand what i said" in response to statements you don't like.

it sounded to me like you were telling me what your interpretation of the bible was when you told me what "kill" meant in the phrase "thou shalt not kill"
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  #39 (permalink)  
Old 10-16-2009
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Re: Sentenced to death based partly on the Old Testament...

Quote:
Originally Posted by bg85 View Post
haha i love how you always say something like "you didn't understand what i said" in response to statements you don't like.

it sounded to me like you were telling me what your interpretation of the bible was when you told me what "kill" meant in the phrase "thou shalt not kill"


there is no interpretation, there is just understanding of language.

you know, like what the meaning of "is": is.
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  #40 (permalink)  
Old 10-16-2009
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Re: Sentenced to death based partly on the Old Testament...

Quote:
Originally Posted by Swoop187 View Post
I'm not taking any sides here...


Thanks for the morning laugh!
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  #41 (permalink)  
Old 10-16-2009
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Re: Sentenced to death based partly on the Old Testament...

Quote:
Originally Posted by Speakeasy View Post
LOL, it even says right in the article:


Why do you hate the US Constitution?

Sorry, Speak; that's not what the court said. Bibles are allowed to be in the deliberation room so long as they aren’t provided by the state, and they’re used solely for their owner’s personal edification and inspiration. In this instance, one of the jurors highlighted their bible , and it was passed around, so it was considered to be an "external influence"; however, the state court found that the Bible did not influence the jury’s decision.

http://www.ca5.uscourts.gov:8081/isy.../irlc986/1/doc
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  #42 (permalink)  
Old 10-16-2009
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Re: Sentenced to death based partly on the Old Testament...

Quote:
Originally Posted by CYDdharta View Post
Sorry, Speak; that's not what the court said. Bibles are allowed to be in the deliberation room so long as they aren’t provided by the state, and they’re used solely for their owner’s personal edification and inspiration. In this instance, one of the jurors highlighted their bible , and it was passed around, so it was considered to be an "external influence"; however, the state court found that the Bible did not influence the jury’s decision.

http://www.ca5.uscourts.gov:8081/isy.../irlc986/1/doc
I linked to a number of trials where the mere presence of a Bible in the deliberation room was forbiddin, though.

Quote:
Writ of habeas corpus was conditionally granted because trial court erred in allowing Christian Bible into jury deliberation room. The court noted that it is well established that religion may not play a role in sentencing.
Quote:
Death sentence reversed on habeas where religion permeated sentencing; court relies primarily on prosecutor’s improper arguments but also cites to jurors’ use of Bible during deliberations in finding sentencing proceeding fundamentally unfair.
Quote:
While reversing capital case on ineffectiveness ground, court notes impropriety of jurors’ use of bible at both stages of trial.
Use of Religious Source Material

These are capital cases that were nullified due to a Bible being present. Jurors are supposed to make their decisions based only on the information provided to them by the court, not the Bible.
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  #43 (permalink)  
Old 10-16-2009
Secretary of Defense

 
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Re: Sentenced to death based partly on the Old Testament...

Quote:
Originally Posted by daddio View Post
there is no interpretation, there is just understanding of language.

you know, like what the meaning of "is": is.
so if you would help me understand the language that would be fantastic. as i understand it, what you're telling me is that in the king james version of the bible, when i see the word "kill," it doesn't really mean "kill," but instead it means "kill an innocent person."

is that not what you're saying? if it's not what you're saying, could you help me to understand what it is that you're actually saying?

also, do you think jesus would support the death penalty?
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  #44 (permalink)  
Old 10-16-2009
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Re: Sentenced to death based partly on the Old Testament...

Quote:
Originally Posted by Speakeasy View Post
I linked to a number of trials where the mere presence of a Bible in the deliberation room was forbiddin, though.


Quote:
Writ of habeas corpus was conditionally granted because trial court erred in allowing Christian Bible into jury deliberation room. The court noted that it is well established that religion may not play a role in sentencing.
Even before this decision, a district court within the Eleventh Circuit undertook a similar approach to this question. In Jones v. Kemp , 706 F. Supp. 1534, 1558 (N.D. Ga. 1989), a juror asked the court if he could take a Bible into the jury room, and the court said yes.

Quote:
Death sentence reversed on habeas where religion permeated sentencing; court relies primarily on prosecutor’s improper arguments but also cites to jurors’ use of Bible during deliberations in finding sentencing proceeding fundamentally unfair.

Id. ; see also Romine v. Head , 253 F.3d 1349, 1368 (11th Cir. 2001) (“[A] prosecutor misleads a capital sentencing jury when he quotes scripture as higher authority for the proposition that death should be mandatory for anyone who murders his parents.”).


Quote:
While reversing capital case on ineffectiveness ground, court notes impropriety of jurors’ use of bible at both stages of trial.
That was merely one of a dozen prepositional errors in that trial which was actually reversed on Appellant's claim of ineffective assistance of counsel.

OSCN Found Document:GLOSSIP v. STATE


Use of Religious Source Material

These are capital cases that were nullified due to a Bible being present. Jurors are supposed to make their decisions based only on the information provided to them by the court, not the Bible.

Your source appears to be misleadingly biased. It hardly appears to be settled law. Rules and condition apparently change from one court to the next, or at least from one circuit to the next. Understandably so, as that would be a great excuse for getting out of jury duty. “Your honor, I demand my First amendment right to a Bible.” “You’re excused.”
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  #45 (permalink)  
Old 10-16-2009
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Re: Sentenced to death based partly on the Old Testament...

Quote:
Originally Posted by bg85 View Post
so if you would help me understand the language that would be fantastic. as i understand it, what you're telling me is that in the king james version of the bible, when i see the word "kill," it doesn't really mean "kill," but instead it means "kill an innocent person."

is that not what you're saying? if it's not what you're saying, could you help me to understand what it is that you're actually saying?

also, do you think jesus would support the death penalty?


They did not speak "King James" back in those days. But where you see kill the original meant murder.

Did Jesus spare the theives put to death with Him ? Surely He could have but even one of the thieves said that they deserved it but that Jseus had done nothing wrong.

Yes, its obvious Jesus was OK with Capital Punishment.
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