Comment by Jeremy B. Sporn
This Comment probes the phenomenon of juries in capital sentencing proceedings inserting biblical passages into deliberations. In Part II, I review what the Bible says about capital punishment and discuss how these passages should be interpreted in the context of a capital jury's decision. In Part III, I look at Supreme Court decisions on external influence and relevant case law on the Bible in the jury room. I then explain how the Bible constitutes an external influence and violates the Sixth Amendment right to jury trial. I further suggest that use of the Bible violates confrontation rights and constitutes inadmissible hearsay. In Part IV, I suggest that the practice violates the Eighth Amendment protection against an arbitrary sentence. Part V examines standards of review under the federal habeas corpus statute, Brecht v. Abrahamson, and Federal Rule of Evidence 606(b) and considers how these standards disadvantage petitioners. Part VI proposes the factors courts should look to while weighing these claims and how they should be applied. I conclude by noting that the practice undermines reliability and confidence in how the death penalty is applied.
About the Author
Jeremy B. Sporn. J.D. candidate 2009, Tulane University School of Law; M.A. 2004, Middleburg College; B.A. 2003, University of Michigan.
Citation
83 Tul. L. Rev. 813 (2009)