
Contents
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4 The Relationship Between Jurors’ Religious Characteristics and Their Legal Attitudes and Decisions
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Litigants’ Religion and Religious Liberties Cases Litigants’ Religion and Religious Liberties Cases
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Religion As a Defense Religion As a Defense
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Civil Cases Civil Cases
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Exorcism, Shunning, and Funeral Protests: Religious Organizations As Tort Defendants Exorcism, Shunning, and Funeral Protests: Religious Organizations As Tort Defendants
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Withholding Medical Treatment on Religious Grounds Withholding Medical Treatment on Religious Grounds
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Criminal Cases Criminal Cases
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Drugs and Devils: The Free Exercise Defense to Criminal Charges Drugs and Devils: The Free Exercise Defense to Criminal Charges
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Causing Harm in God’s Name: Religion As Justification or Excuse Causing Harm in God’s Name: Religion As Justification or Excuse
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Religious Conversion As a Mitigating Factor Religious Conversion As a Mitigating Factor
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Religion As a Negative Factor Religion As a Negative Factor
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Religious Figures in Secular Cases with Religious Overtones Religious Figures in Secular Cases with Religious Overtones
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Defendants’ Status Defendants’ Status
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Defendants’ Character Defendants’ Character
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Special Cases: Clergy Sexual Abuse, Religiously Motivated Terrorism, and Cults Special Cases: Clergy Sexual Abuse, Religiously Motivated Terrorism, and Cults
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Litigants’ Religion in Routine Secular Cases Litigants’ Religion in Routine Secular Cases
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Relationship Between Litigants’ Religion and Jurors’ Religion Relationship Between Litigants’ Religion and Jurors’ Religion
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The Victim’s Religion The Victim’s Religion
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Conclusion Conclusion
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9 Religious Figures and Institutions As Litigants
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Published:September 2009
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Abstract
Litigants' religion is central to some cases, such as those making a free exercise claim; a substantial factor in others, such as clergy charged with sexual abuse, defendants who introduce their religious conversion to mitigate sentencing, or those who use religion as a defense (e.g., a parent who refused to seek medical treatment for a child on religious grounds); and a peripheral factor in most routine cases. Although a litigant's religion is not relevant in these routine cases, it might nonetheless come up if the person has a religious occupation, and it could also be inferred from a person's surname or dress. This chapter addresses the role of litigants' religion.
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