
Contents
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4 The Relationship Between Jurors’ Religious Characteristics and Their Legal Attitudes and Decisions
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Types of Biblical Appeals Types of Biblical Appeals
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Prosecution Appeals: Retributive Commands Prosecution Appeals: Retributive Commands
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Prosecution Appeals: Claims of Divine Authority Prosecution Appeals: Claims of Divine Authority
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Prosecution Appeals: Comparison to Biblical Characters or Stories Prosecution Appeals: Comparison to Biblical Characters or Stories
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Prosecutor Appeals: God Generally Supports the Death Penalty Prosecutor Appeals: God Generally Supports the Death Penalty
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Prosecution Appeals: Miscellaneous Arguments Prosecution Appeals: Miscellaneous Arguments
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Defense Appeals: Biblical Commands Forbidding the Death Penalty Defense Appeals: Biblical Commands Forbidding the Death Penalty
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Defense Appeals: Comparison to Biblical Characters or Stories Defense Appeals: Comparison to Biblical Characters or Stories
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Defense Appeals: God Dislikes the Death Penalty Defense Appeals: God Dislikes the Death Penalty
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Defense Appeals: Miscellaneous Arguments Defense Appeals: Miscellaneous Arguments
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Case Law Concerning Biblical Appeals Case Law Concerning Biblical Appeals
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Court Rulings Regarding Religious Appeals by Prosecutors Court Rulings Regarding Religious Appeals by Prosecutors
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Court Rulings Regarding Religious Appeals by Defense Attorneys Court Rulings Regarding Religious Appeals by Defense Attorneys
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Reasons Biblical Appeals Are Impermissible Reasons Biblical Appeals Are Impermissible
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Legal Scholarship Concerning Biblical Appeals Legal Scholarship Concerning Biblical Appeals
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Empirical Research Concerning Religious Appeals Empirical Research Concerning Religious Appeals
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Conclusion Conclusion
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8 Attorneys’ Use of Biblical Appeals
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Published:September 2009
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Abstract
Recently, religion has found its way into trial through the arguments that some lawyers have offered in their closing statements. Specifically, prosecutors have used Biblical appeals, such as the “eye for an eye” doctrine to convince jurors to give the death penalty. In contrast, defense attorneys have urged jurors to show mercy, for instance by encouraging them to forgive, as Jesus did when he said to “turn the other cheek.” Courts are inconsistent in their stance on the admissibility of such arguments, and the reasons offered for disallowing religious arguments are varied. In essence, courts that forbid Biblical appeals are concerned about their impact on jury decision making. Empirical research on the question has yielded somewhat conflicting findings. This chapter discusses the use of Biblical appeals, highlighting the court opinions, legal analyses, and research findings.
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