
Published online:
01 September 2009
Published in print:
01 October 2009
Online ISBN:
9780199869954
Print ISBN:
9780195328677
Contents
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4 The Relationship Between Jurors’ Religious Characteristics and Their Legal Attitudes and Decisions
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Religion in Judicial Selection Religion in Judicial Selection
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Religious Groups’ Involvement in Judicial Campaigns Religious Groups’ Involvement in Judicial Campaigns
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Religious Seats on the U.S. Supreme Court Religious Seats on the U.S. Supreme Court
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Catholics on the Supreme Court Catholics on the Supreme Court
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Jews on the Supreme Court Jews on the Supreme Court
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Religion’s Current Role in Supreme Court Appointments Religion’s Current Role in Supreme Court Appointments
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The Relationship Between Judges’ Religion and Their Decisions The Relationship Between Judges’ Religion and Their Decisions
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Trial Judges Trial Judges
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Appellate Judges Appellate Judges
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Judges’ Religion and Religious Freedom Cases Judges’ Religion and Religious Freedom Cases
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Judges’ Explicit Use of Religion in Decision Making Judges’ Explicit Use of Religion in Decision Making
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Conclusion Conclusion
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Cite
Bornstein, Brian H., and Monica K. Miller, 'Judges’ Religion', God in the Courtroom: Religion's Role at Trial, AMERICAN PSYCHOLOGY-LAW SOCIETY (New York , 2009; online edn, Oxford Academic, 1 Sept. 2009), https://doi.org/10.1093/acprof:oso/9780195328677.003.006, accessed 28 Apr. 2025.
Abstract
This chapter reviews social scientific research on the relationship between judges' religion and their decisions. It begins with a historical perspective on the role of religion in judicial selection (e.g., Catholic and Jewish seats on the U.S. Supreme Court). Next it reviews research on the relationship between judges' religious beliefs and their decisions, in both trial and appellate courts, and describes cases in which judges have explicitly invoked religion in sentencing. Judges have done this, for example, in sentencing defendants to attend religious services or in quoting religious texts to justify a particular sentence.
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