Quoting Bible in Sentencing Ok in Ohio

[Will Esser]

While quoting the Bible as a prosecutor may not be ok
in Georgia, the same does not hold true for Ohio
judges in sentencing.  "The Ohio Supreme Court on
Wednesday upheld a 51-year prison sentence imposed by
a judge who quoted a Bible verse while deciding a
man's punishment for raping a young girl."

The sentence had been overturned last year by the Ohio
Ct. of Appeals on the grounds that the judge acted
outside the Ohio sentencing guidelines.  The judge
quoted the Bible verse that it is better for one who
causes scandal to a child if "a millstone were hanged
around his neck, and that he were drowned in the depth
of the sea."

The unanimous 7-0 Ohio Supreme Court found that the
Bible was just one of many factors that supported the
"legally unremarkable decision" of the judge to assign
significant weight to the statutory factor of the
victim's age.

The story is available at
http://www.newsday.com/ap/national/ap187.htm

What factors distinguish this from the Georgia case?
The punishment (death v. term of imprisonment)?  The
sentencer (judge v. jury)?  The person making the
statement (judge v. prosecutor)?  Or do we just chalk
this one up to different jurisdictions?

Will

=====
"Preach often; sometimes use words."  St. Francis of Assisi

Will Esser
Law Clerk - Tenth Circuit
Ad Majorem Dei Gloriam
http://www.geocities.com/Heartland/Trail/3096

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