Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Criminal Law

William & Mary Law School

Religion

Articles 1 - 6 of 6

Full-Text Articles in Law

Islam And The Death Penalty, William A. Schabas Dec 2000

Islam And The Death Penalty, William A. Schabas

William & Mary Bill of Rights Journal

Capital punishment is not practiced by a majority of the world's states. Anti-capital punishment domestic policies have led to an international law of human rights that emphatically prohibits cruel and inhuman punishment. International concern for the abolition of capital punishment has prompted Islamic states that still endorse and practice the death penalty to respond with equally compelling concerns based on the tenets of Islamic law. Professor William A. Schabas suggests that Islamic states view capital punishment according to the principles embodied in the Koran. Islamic law functions on the belief that all people have a right to life unless the …


Don't Take His Eye, Don't Take His Tooth, And Don't Cast The First Stone: Limiting Religious Arguments In Capital Cases, John H. Blume, Sheri Lynn Johnson Dec 2000

Don't Take His Eye, Don't Take His Tooth, And Don't Cast The First Stone: Limiting Religious Arguments In Capital Cases, John H. Blume, Sheri Lynn Johnson

William & Mary Bill of Rights Journal

Professors John H. Blume and Sheri Lynn Johnson explore the occurrences of religious imagery and argument invoked by both prosecutors and defense attorneys in capital cases. Such invocation of religious imagery and argument by attorneys is not surprising, considering that the jurors who hear such arguments are making life and death decisions, and advocates, absent regulation, will resort to such emotionally compelling arguments. Also surveying judicial responses to such arguments in courts, Professors Blume and Johnson gauge the level of tolerance for such arguments in specific jurisdictions. Presenting proposed rules for prosecutors and defense counsel who wish to employ religious …


God And The Executioner: The Influence Of Western Religion On The Use Of The Death Penalty, Davison M. Douglas Dec 2000

God And The Executioner: The Influence Of Western Religion On The Use Of The Death Penalty, Davison M. Douglas

William & Mary Bill of Rights Journal

In this Essay, Professor Douglas conducts an historical review of religious attitudes toward capital punishment and the influence of those attitudes on the state's use of the death penalty. He surveys the Christian Church's strong support for capital punishment throughout most of its history, along with recent expressions of opposition from many Protestant, Catholic, and Jewish groups. Despite this recent abolitionist sentiment from an array of religious institutions, Professor Douglas notes a divergence of opinion between the "pulpit and the pew" as the laity continues to support the death penalty in large numbers. Professor Douglas accounts for this divergence by …


Transcript Of Speech On Religions's Role In The Administration Of The Death Penalty, Pat Robertson Dec 2000

Transcript Of Speech On Religions's Role In The Administration Of The Death Penalty, Pat Robertson

William & Mary Bill of Rights Journal

No abstract provided.


Religious Organizations And The Death Penalty, Robert F. Drinan Dec 2000

Religious Organizations And The Death Penalty, Robert F. Drinan

William & Mary Bill of Rights Journal

Over the past several years, many questions have been raised concerning the application and effectiveness of the death penalty. Ironically, the Catholic Church, a long-time supporter of the death penalty, has become one of the most vocal critics of the death penalty. In this Essay, Father Robert F. Drinan documents the Church's new-found opposition to the death penalty, and discusses the influence the Church will have on the future of the death penalty.


The Role Of Organized Religions In Changing Death Penalty Debates, Michael L. Radelet Dec 2000

The Role Of Organized Religions In Changing Death Penalty Debates, Michael L. Radelet

William & Mary Bill of Rights Journal

In his Article, Professor Michael L. Radelet describes a global decline in the use of the death penalty, the United Nation's progressively stronger stance against executions, and a growing opposition to capital punishment in the United States. This decrease is attributed to both empirical studies casting doubt on the death penalty's efficacy in promoting its stated underlying goals, and to the increasingly vocal stance of religious leaders morally opposed to capital punishment. Nevertheless, the decline in other justifications for capital punishment has been met with increasing reliance on retribution as the primary argument in its support. Professor Radelet argues that …