By Monica K. Miller
Miller demonstrates how faith impacts each point of the judicial procedure by means of targeting non secular appeals by way of legal professionals in final arguments of demise penalty sentencing trials. She explores even if those appeals lead jurors to make legally impermissible judgements, as a few courts have feared. Can spiritual appeals lead jurors to depend on the Bible rather than country legislation? Her effects convey that the extra individuals trusted Biblical authority, the extra they trusted their instincts and the fewer they trusted facts and the judge's directions. Gender, devotionalism, trust in a literal Biblical interpretation, and an individual's cognitive processing kind additionally affected verdicts.
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Extra resources for Religion in Criminal Justice (Criminal Justice: Recent Scholarship)
Pizzaro, 2004; People v. Wrest, 1992) or too weak in light of the totality of the evidence (Bennett v. Angelone, 1996; Crowe v. State, 1995; Gibson v. State, 1972). The court in State v. Ceballos (2003) developed a twostep progression to determine if a religious appeal was appropriate or unfair. First, the court determines whether the statements were inflammatory or prejudicial. If the statements are found to be improper, the court makes a determination that attorney “misconduct” has occurred. The second step determines whether the attorney’s misconduct was substantial.
The trial court had issued a curative instruction ordering the jurors to disregard the appeal. Similarly, courts have found religious appeals permissible if the attorney who makes the appeal ultimately tells the jury to follow state law (People v. Davenport, 1996; People v. Wash, 1993; State v. Williams, 1997). For example, the court allowed such statements as “God allowed men to carry out his word. God gave us Bibles . . to follow and we as [a] society have decided through God that what we are doing is not wrong” in part because the prosecutor also stated that the “imposition of the death penalty was not usurping God’s authority but legitimately carrying out California law (People v.
By giving the death penalty), God would punish them. The court summarized the Biblical appeals by stating, “There could be no clearer an invocation of divine authority to direct a jury's verdict (p. , death penalty). , using Biblical examples of vengeance and retribution) are not. Fair Response Rule Often, the prosecutor is allowed to use religious arguments if the defendant has first offered religious appeals or evidence (Boyd v. French, 1998; Commonwealth v. Cook, 1996; Commonwealth v. Whitney, 1986; Crowe v.