Church & State separate ? Not in Colorado

[scaeagles]

An interesting tidbit I got in a political emailing that I receive daily -

" In Colorado, jurors in death penalty cases are specifically
told to make a moral judgment, but, the majority on the Colorado Supreme
Court said the Bible was an improper outside influence and an "extraneous
text." The Bible is extraneous to making a moral judgment?

In contrast, the two dissenting judges said the majority was confusing the
Bible with outside influences, such as newspaper articles and television
programs, which are normally to be avoided when a jury deliberates.
Rather, they wrote, "The biblical passages the jurors discussed constituted
either a part of the jurors' moral and religious precepts or their general
knowledge, and thus were relevant to their court sanctioned moral
assessment." "

If the instructions when assessing the death penalty say jurors are to make a "moral judgement" (which I've been unable to confirm, but trust the source of my emailing), then referencing a religious text should not be out of bounds.

[Prudence]

The majority in this decision was likely trying to make the point, as GD mentioned already, that the difference is bringing in the written word, not just a recitation of previously learned verses. Conversely, the dissent is saying that it's just the written word of what they already believe, so what's the big deal. It's a tough call. I'd probably side with the majority, though, and draw a bright line prohibiting consulting any outside materials.

Note that does not prohibit one from drawing on one's own memory and experiences, including memory of bible verses, church teachings, gossip from last week's coven meeting, etc... But as a culture the written word is still seems more powerful to some, and there's a difference between saying that verse such and such says this and having the actual document on hand.

As my dad would say, subtle but significant.