Quoting the Bible: The Use of Religious References in Judicial Decision-Making
New York City Law Review, Vol. 9, No. 31, 2005
62 Pages Posted: 21 Dec 2006
Responding to the argument that explicit religious references are rare or absent from judicial opinions, this article demonstrates that judges' personal religious beliefs and religious education often find a place in their decisions. It discusses: (a) the judicial use of the Bible in criminal sentencing; (b) the ways in which the courts undermine the religious character of biblical quotations; and (c) the various purposes for which courts use biblical quotations. The article includes a case study of judicial use of biblical passages Matthew 6:24 and Luke 16:13 and considers the judicial use of religious references other than the Bible. It concludes that the use of religious references in judicial decision-making should be prohibited.
Keywords: religious references, Bible, judicial decision-making, judicial opinions, Bible quotations, Bible citations, biblical passages, prosecutors and the Bible, jury and the Bible, judges and the Bible, prosecutorial misconduct, judicial misconduct, jury misconduct
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