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[old_hag]

Ruling spurs debate on role of Bible in sentencing

Monday, May 26, 2003 Posted: 10:16 AM EDT (1416 GMT)

WESTMINSTER, Colorado (AP) -- For people of faith, the Bible can serve as a compass to help navigate life`s dilemmas, from questions about spirituality to everyday problems with relationships or work.

But one jury took that too far when they thumbed through the Bible during deliberations to find passages on the death penalty, a Colorado judge ruled.

Friday`s decision to throw out the death sentence has left some experts wondering where to draw the line.

"Most people during life and death events rely to some extent on their religion," said former Denver prosecutor Craig Silverman.

Some question whether banning the Bible from jury deliberations is wise, or even feasible, considering how ingrained the Bible`s teachings can be for those who spent years learning them.

"I think that the Bible is kind of the root of who I am," Jan Polzin, 51, said Sunday before services at Grace Church in Westminster. "Any decision I make, the Bible would be the foundation, whether it`s work, day-to-day, or on a jury."
Biblical influence

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Any decision I make, the Bible would be the foundation, whether it`s work, day-to-day, or on a jury.end quote
-- Jan Polzin, member Grace Church, Westminster, Colorado
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Judge John Vigil`s decision is one of a handful in the last two decades to overturn death penalty sentences because the judges considered the Bible to be illegal outside reference material.

"You don`t ask jurors to set aside their personal beliefs but they can`t be going to outside sources and making the decision," said Kansas state District Judge David Kennedy.

Kennedy ordered a new sentencing phase in 2000 for a man convicted in the slaying of a Wichita couple after at least two Bibles were brought into the deliberation room. Some jurors told the judge they had referred to a passage reading, "If a person does not ask for mercy, they may not be granted mercy," suggesting that the suspect never asked for mercy because he didn`t take the stand.

In July 2001, an Oklahoma appeals court overturned the conviction and death sentence of a man accused of beating another man to death with a baseball bat. At least one Bible was brought into the jury deliberation room.

Prosecutors in Colorado plan to appeal the overturned death sentence. They claim it`s impossible to determine what role the Bible played in the jurors` decision-making.
Law vs. scripture


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You don`t ask jurors to set aside their personal beliefs, but they can`t be going to outside sources and making the decision. end quote
-- District Judge David Kennedy, Kansas
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The jurors testified earlier this year that they wrote down references from the Bible on note cards, brought the cards into the deliberation room and read them aloud.

Among the Bible passages was Leviticus 24:20, which reads, "fracture for fracture, eye for eye, tooth for tooth, as he has caused disfigurement of a man, so shall it be done to him."

The defendant, Robert Harlan, appealed, arguing that the Bible is not part of Colorado law. Vigil agreed.

But some experts say it`s unclear whether the Bible should be considered illegal reference material.

"It`s not like a newspaper story," said University of Colorado law professor Christopher Mueller. "It doesn`t fit within the case being deliberated."

But the Rev. Barry Lynn, director of Americans United for Separation of Church and State, said that in the secular legal system, juries should consult the law, not the Bible.

"Juries must obey the instructions of the judge, not the interpretations of any holy Scripture," he said

http://www.cnn.com/2003/LAW/05/26/death.sentence.ap/index.ht…

[Ariminios]

ist doch gut, dass dagegen angegangen wird, oder findest Du, dass man die Bibel anwenden sollte?