Religious Neutrality and the Death Penalty

By Arnold H. Loewy / William & Mary Bill of Rights Journal 9(1), 191-200, on 1 January 2000

Cases involving the Establishment of Religion Clause predominantly emphasize religious neutrality. Believing this to be normatively correct, Professor Loewy argues for religious neutrality in capital punishment cases. In accordance therewith, he would uphold religious peremptory challenges where a juror’s religious belief is related to her death penalty perspective. Professor Loewy agrees with the courts’general willingness to disallow religion as an aggravating factor while allowing it as a mitigating factor. This dichotomy comports with the neutralityp rinciple because aggravatingfa ctors, in general,a re limited whereas mitigating factors are unlimited.

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