Is the Religious Freedom of One the Criminal Defense of
Prof. Steven D. Jamar
sjamar at LAW.HOWARD.EDU
Wed Dec 9 13:57:46 PST 1998
This presents an interesting problem, but, to me, it is not a difficult one - I
am probably missing something, which others will no doubt point out.
I believe that a criminal cannot use (and should not be able to use) another's
unusual susceptibility to harm as an excuse for the consequences of criminal
actions. What if the victim had been a hemophiliac with a rare blood type? Or
had needed surgery and died from anaphylactic shock? Or had simply been
subjected to fatal head trauma rather than some other trauma?
No, he doesn't get to mitigate on the back of her religious beliefs.
Steven D. Jamar
Professor of Law
Director, Legal Research & Writing Program
Howard University School of Law
2900 Van Ness Street N.W.
Washington, D.C. 20008
United States of America
vox: 202-806-8017 fax: 202-806-8428
email: sjamar at law.howard.edu
I hear and forget.
I see and remember.
I do and understand.
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