Don’t Take His Eye, Don’t Take His Tooth, and Don’t Cast the First Stone: Limiting Religious Arguments in Capital Cases

By John Blume / Sheri Lynn Johnson / William and Mary Bill of Rights Journal, on 1 January 2000

Religious arguments in the course of particular capital sentencing proceedings are very common. This may be in part because capital punishment jurisprudence, unlike the jurisprudence of reproductive rights or segregation, has itself mandated individualized decision-making. Public discussion of whether religious principles or authority compel (or preclude) the imposition of the death penalty for all police killings (or, more broadly, all killings) has been largely mooted by the Supreme Court’s determination that mandatory death penalty statutes violate the Eighth Amendment.

  • Document type Article
  • Countries list United States
  • Themes list Religion ,