 |
|
February 10, 2012
Lisa M. Krieger: Man with defibrillator demands access to his own heart's information
David G. Savage: Why activists may not be in a hurry to have High Court rule on alternative marriage
February 9, 2012
Laura McMullen: 10 Least Expensive Public Schools for Out-of-State Students
Kimberly Palmer: How to actually enjoy -- relaxing, financially -- your vacation
February 8, 2012
Warren Richey: Why momentous Prop. 8 ruling might not satisfy gay-rights groups
Menachem Wecker: Though Controversial, LL.M.'s Can Lead to Specialized Legal Jobs
The Kosher Gourmet byDana Velden: Going to the bother of making soup? You know it better be good. This CREAM OF TOMATO SOUP certainly is! And it's a cinch to make, too (Includes techinques and serving secrets)
February 7, 2012
Frank J. Gaffney, Jr.: Caught off-guard? President's Super Bowl interview with Matt Lauer gives those who need a reason not to vote for him, a darn good one
Suzanne Bohan: Leaping lizards! Tiny reptiles advancing robot design
February 6, 2012
Jonathan Tobin: Iran Threatens Israel With Destruction, But the New York Times Doesn't Hear It
Jeffrey Fleishman: In newly democratic Egypt, tens of democracy activists jailed, to stand trial; their groups are 'threatening the stability of the homeland'
Julie Deardorff : Researchers say antioxidants may not be that effective and could do more harm than good
Mark Clayton: How did Anonymous hackers eavesdrop on FBI and Scotland Yard?
February 3, 2012
Edmund Sanders : Israeli official says Iran is creating missile that could reach East Coast of US
Victoria Kim: Immigrant-smuggling ring used black drivers to avoid racial profiling
February 2, 2012
Jim Carney: Wrong number call may have saved her life
Reza Kahlili : Ex-CIA spy in Iran's Revolutionary Guard: What Obama doesn't grasp about striking deals with Tehran
Tina Susman: For woodchuck rescuer, every day is Groundhog Day
February 1, 2012
Brian Bennett: US officials see increasing threat of domestic attack from Iran
Emily Brandon: How to Take Advantage of New 401(k) Fee Disclosures
January 31, 2012
January 30, 2012
Paul Richter and Ramin Mostaghim: Misreading Teheran's limits -- deadly and economically devastating as they may be -- is a risk administration, Europe seem willing to take
Suzanne Bohan: Warning: Nap-deprived tots missing more than sleep, study finds
Meg Handley: Banks Revamping Rewards Programs to Woo Customers
January 27, 2012
Caroline B. Glick: Obama: Of course I intend to prevent a nuclear holocaust . . . in a few months
Yochonon Donn: In liberal New York City, fervently-Orthodox Jews may soon be getting a district to call their own
Jeannine Stein: An inflated ego and thinking you're 'all that' doesn't just make others sick of you, it can make you ill
Katy Hopkins: New budget rules may affect how much money you get for college
January 26, 2012
Ed Koch: To the New York Times, calling for the murder of Jews by those capable of having their incitement taken seriously isn't news
Jeannine Stein: Mental illness struck one in five U.S. adults in 2010: Report
January 25, 2012
Richard Simon: House passes two bills endorsing the use of religious symbols at military memorials
Fred Weir: Putin: Multiethnic Russia cannot survive as a US-style 'melting pot'; must find its own way
Susan Johnston: 5 Sneaky Coupon Strategies Consumers Should Watch Out For
January 24, 2012
Carol Clark: The price of your soul: How your brain decides whether to 'sell out'
Caroline B. Glick: America lost most in 'Arab Spring'. Sadly, many voters still don't grasp the extent
Warren Richey: Drug criminal scores win in GPS ruling from conservative-leaning high court
Erika Bolstad: Black conservatives gather to talk about gaining strength
January 23, 2012
Melissa Dribben: Jewish voters to play a key role in Florida's Republican primary
Jordan Rau: In quest to grow, Catholic hospital system will announce this morning its break from church
Ali Safi: U.S. envoy gives Taliban terms for peace talks
January 19, 2012
January 18, 2012
January 17, 2012
Frank J. Gaffney Jr.: No-kidding red lines: U.S. response to an Iranian nuke may be bluster, but Israel's won't be
David G. Savage: They sued their principals after slandering them online --- now the cases are headed to the Supreme Court
David Francis: Where to Invest in 2012: With stocks expected to rebound, opportunity abounds for investors
January 13, 2012
Ben Lynfield: Israeli lawmakers move to annex Jewish Judea, one museum at a time
Alexia Elejalde-Ruiz: Thriving through touch: Gentle massage helps older people with low mobility improve in mind and body
January 12, 2012
Warren Richey: Landmark Supreme Court ruling a 'resounding win' for religious groups
Warren Richey: Supreme Court says no to new rule on eyewitness testimony
John Fauber : Statins found to raise diabetes risk in postmenopausal women
Katy Hopkins : Consider This Before You Pay for an Online Degree
The Kosher Gourmet by Joseph Erdos: This mushroom and barley soup has an intense -- almost nutty -- flavor that mixes robust with Middle East. It has creaminess without cream
January 11, 2012
Shari Roan: Millions of atrial fibrillation sufferers at risk for devastating, but preventable, stroke
Tom Hussain: Pakistan -- recipient of more than $21 billion in civilian and military aid -- speeds pursuit of Iranian pipeline, defying US
David G. Savage: High court signals it won't be loosening TV's 'indecency' rules
Stephen Ceasar: Oklahoma's Islamic law amendment can't go into effect, court rules
January 10, 2012
Reza Kahlili: From an ex-CIA spy: US must exploit new split in Iran's Revolutionary Guard
Karen Kaplan: Study: Nicotine replacement products ineffective when used in real-life situations
January 9, 2012
Michael Doyle: Put through legal hell over dream home, couple fought back hard --- all the way to Supreme Court
|
| |
Jewish World Review
April 6, 2005
/26 Adar II, 5765
Is court a place for morals?
By
Thane Rosenbaum
There's an even deeper divide in the American legal system than the separation between church and state
http://www.JewishWorldReview.com |
When the Colorado Supreme Court overturned Robert Harlan's death sentence last month, it showed once again just how uncomfortable the American legal system is in invoking moral values as a basis for legal decision-making.
Harlan had been convicted of raping and murdering a cocktail waitress in Denver in 1995. Before sending the jury out to determine his fate, the lower court judge instructed each juror to make an "individual moral assessment" of whether Harlan should pay the ultimate price for his crime or, instead, spend the rest of his life in jail. Colorado law is unusual in explicitly asking jurors to evaluate their own moral beliefs when deciding capital cases. Taking the judge's instructions seriously, one or more jurors brought a Bible into the jury room and referred to it during deliberations. Harlan was sentenced to death; one juror later acknowledged that she had studied Leviticus 24: an "eye for an eye, tooth for tooth."
In its 3-2 decision overturning the death sentence, the Colorado Supreme Court found that the verdict was tainted by the "aid or distraction of extraneous texts" — in this case, the Bible. The court also expressed concern that jurors believed they had consulted a "higher authority."
So does Colorado really trust its citizens to render moral justice? It is not clear whether the court objected because of the 1st Amendment implications of having the Bible guide the conscience of jurors (which arguably might have infringed on the separation between church and state) or whether the use of any book at all would have resulted in the overturning of the decision.
For instance, would the court have been equally troubled if a juror had brought a copy of "Mein Kampf" into the courtroom and proclaimed that it was indeed this book that had most influenced his moral worldview? What if a juror had instead shared a letter from a parent, acting on the idea that many people derive their moral values from parental influences?
If we take the court at its word, what seemingly troubled it most was that the pristine, sequestered privacy of the jury's deliberations had been invaded by materials not otherwise part of the underlying legal proceeding. So what? Courtrooms are not sanitized, surgical operating rooms. They are places of deep emotion and profound human vulnerability. There should be no equivalent fear of infection. In a situation such as this, given the stakes — and that a final judgment in a death penalty case results in true finality — why should it matter that the jury looked to the Bible for solace, wisdom and earthly guidance?
The jury, after all, did not consult the Bible on the question of guilt or innocence. The jurors had already made that determination based on the evidence presented at trial. But this case is particularly confusing because the trial judge specifically told the jurors to locate the dial on their own individual moral compasses. How did he expect such soul searching to occur? When faced with such a morally complex matter as the death penalty, why wouldn't we expect jurors to seek the assistance of the very texts or teachings that influence their own vision of moral conduct?
And even if they hadn't actually discussed the Bible by name, or leafed through it, they would have done it anyway — privately, in their hearts. What difference does it make that they had physical possession of it?
No matter what the legal system pretends, jurors are not blank slates. They have many preformed opinions, attitudes and, yes, even prejudices. They have been influenced in innumerable ways and exposed to all manner of life lessons. They are riddled with subjectivities that are revealed throughout the proceedings in sometimes subtle and, more often than not, contradictory ways. Robots do not sit in judgment of other human beings. A jury of our peers means — and should mean — those who struggle equally and mightily with their own strivings for virtue and concessions to sorrow.
This Colorado ruling suggests an even deeper divide in the American legal system than the separation between church and state — the one between the legal and the moral. The law prides itself on its rigidity, objectivity and presumed certainty. But, in fact, its deliberations are as messy as that of any other institution where human beings are brought together in the search for clarity and closure.
Every weekday JewishWorldReview.com publishes inspiring reading material that will uplift you. Sign up today for the daily JWR update. It's free. Just click here.
Thane Rosenbaum is novelist, essayist and law professor and the author of "The Myth of Moral Justice". (Click HERE to purchase. Sales help fund JWR.) Comment on this article by clicking here.
© 2005, Los Angeles Times Distributed by Los Angeles Times Syndicate
|
