Jury Can't Use Bible in Death Penalty Case?

[Adam's Apple]

I wonder if saying you are Christian or Jewish will be the new way of getting out of jury duty?

I would imagine that many people are going to try it. I have been called three times to serve as part of a jury selection pool, and you can just see some people lying through their teeth to keep from serving. They figure out what the prosecutor or the defense attorney are looking for, and they really put on a good show pretending that they hold the opposite views. So much for "payback" for the freedoms we enjoy in this country.

 

[Bonnie]

Their duty was to follow the law of Colorado, period.

Well good luck with that one! With or without the actual bible being in the deliberation room I can guarantee that bible was in the deliberation room period.

 

[MissileMan]

And how does using religious beliefs to determine appropriate punishments go against following the law?

If for no other reason than this: The legal system in this country is supposed to be blind to a person's race, sex, religion etc. No jury has the right to impose it's moral values on any defendant, that's why there are laws to follow.

 

[5stringJeff]

If for no other reason than this: The legal system in this country is supposed to be blind to a person's race, sex, religion etc. No jury has the right to impose it's moral values on any defendant, that's why there are laws to follow.

Laws are based on morality. Moreover, there are guidelines in sentencing, with judgment to be used within those guidelines, and the jury obvioulsy thought that they could glean some good judgment from the Bible. It's not like they gave the person death just because he wasn't a Christian.

 

[Annie]

Their duty was to follow the law of Colorado, period.

On this we disagree, if that were the case, there would be no need for juries. Our right to trial by jury follows the tradition carried from the Magna Carta, deeply grounded in the Rights of Man:

Magna Carta Translation
A translation of Magna Carta as confirmed by Edward I with his seal in 1297
[Preamble] EDWARD by the grace of God, King of England, Lord of Ireland, and Duke of Guyan, to all Archbishops, Bishops, etc. We have seen the Great Charter of the Lord HENRY, sometimes King of England, our father, of the Liberties of England, in these words: Henry by the grace of God, King of England, Lord of Ireland, Duke of Normandy and Guyan, and Earl of Anjou, to all Archbishops, Bishops, Abbots, Priors, Earls, Barons, Sheriffs, Provosts, Officers, and to all Bailiffs and other our faithful Subjects , which shall see this present Charter, Greeting. Know ye that we, unto the honour of Almighty God, and for the salvation of the souls of our progenitors and successors, Kings of England, to the advancement of holy Church, and amendment of our Realm, of our meer and free will, have given and granted to all Archbishops, Bishops, Abbots, Priors, Earls, Barons, and to all freemen of this our realm, these liberties following, to be kept in our kingdom of England for ever.

[1] First, We have granted to God, and by this our present Charter have confirmed, for us and our Heirs for ever, That the Church of England shall be free, and shall have her whole rights and liberties inviolable. We have granted also, and given to all the freemen of our realm, for us and our Heirs for ever, these liberties underwritten, to have and to hold to them and their Heirs, of us and our Heirs for ever...

they didn't have much trouble with God.

 

[manu1959]

so all the witnesses have to swear with their hand on the bible to tell the truth...the whole truth so help them god....but can't use the bible to make a decision.............

how ironic is that

 

[dmp]

Laws are based on morality. Moreover, there are guidelines in sentencing, with judgment to be used within those guidelines, and the jury obvioulsy thought that they could glean some good judgment from the Bible. It's not like they gave the person death just because he wasn't a Christian.

Right...they didn't order the guy to be 'stoned' or 'crucified'.

 

[MissileMan]

It's not like they gave the person death just because he wasn't a Christian.

I never claimed as much, but apparently they gave him the death penalty because they were?

In all seriousness though, the jury had an obligation to follow the law. What if the law were in conflict with the bible? Which do you think the jury should follow in that case?

 

[dmp]

I never claimed as much, but apparently they gave him the death penalty because they were?

In all seriousness though, the jury had an obligation to follow the law. What if the law were in conflict with the bible? Which do you think the jury should follow in that case?

There is no evidence the Jury did not follow the law - their decision was lawful; in spite of the sources of information - guidance used.

 

[Annie]

There is no evidence the Jury did not follow the law - their decision was lawful; in spite of the sources of information - guidance used.

Totally correct on this. The whole purpose of juries is to bring the 'people's perspective' to both sides. If it was only on matters of law, then the judge would only be necessary.

 

[Bonnie]

Totally correct on this. The whole purpose of juries is to bring the 'people's perspective' to both sides. If it was only on matters of law, then the judge would only be necessary.

And since juries are supposed to be made up of one's peers then chances are there will be people that bring their moral judgements into the court room.

 

[dilloduck]

Totally correct on this. The whole purpose of juries is to bring the 'people's perspective' to both sides. If it was only on matters of law, then the judge would only be necessary.

Too bad Terri never got the "peoples perspective"-----could explain todays' mess.

 

[Annie]

And since juries are supposed to be made up of one's peers then chances are there will be people that bring their moral judgements into the court room.

Exactly. You bring the totality of your experiences, each one of you. It's also the reason that each side gets X number they can do away with, such as cop's families, doctor's families, clergy, what have you...

 

[manu1959]

what if you silently consider the bible in your decision.....are you now guilty of thought crime?

 

[MissileMan]

There is no evidence the Jury did not follow the law - their decision was lawful; in spite of the sources of information - guidance used.

Agreed, but apparently there is evidence they went beyond the law in reaching their decision, which, no matter what spin you put on it, was inappropriate.

Equal treatment under the law for all cannot be attained unless we are all held to the same standards.

 

[freeandfun1]

I would imagine that many people are going to try it. I have been called three times to serve as part of a jury selection pool, and you can just see some people lying through their teeth to keep from serving. They figure out what the prosecutor or the defense attorney are looking for, and they really put on a good show pretending that they hold the opposite views. So much for "payback" for the freedoms we enjoy in this country.

I have to report for Jury Duty on 4 April....

 

[manu1959]

I have to report for Jury Duty on 4 April....

how did you recieve your summons?

 

[no1tovote4]

And how does using religious beliefs to determine appropriate punishments go against following the law?

Juries in CO are consistently instructed to only use the facts of the case. There was one case where the Death Penalty was overturned when Jurists looked up a word in the Dictionary, literally one word, another where they looked up information about a disease on the Internet in order to understand it better than what the Lawyers explained to them.

It isn't only the Bible, they are instructed to not use any other source of information than the court. They are allowed to ask questions of the Judge who will answer them legally, but are not allowed to use other sources for any reason.

 

[5stringJeff]

Agreed, but apparently there is evidence they went beyond the law in reaching their decision, which, no matter what spin you put on it, was inappropriate.

Equal treatment under the law for all cannot be attained unless we are all held to the same standards.

Again, the Bible does not contradict Colorado law, at least not in this case, so I can't see where this is inappropriate.

 

[no1tovote4]

Again, the Bible does not contradict Colorado law, at least not in this case, so I can't see where this is inappropriate.

Again, Juries in CO are not allowed to use any source other than the court for information in regards to their decisions. It isn't just the Bible as I explained before there was once a Death Penalty overturned because the Jury looked up a word in the Dictionary. Of course not allowing them access to a Dictionary isn't as big as no Bible and therefore not newsworth.