Evidence of religious conversion at a death penaltysentencinghearing

[marc stern]

So activity in amnesty international counts ,but not in a religious group?
Why can't the state prove that a church advocates violence to rebut a
mitigating showing of membership in the Church of Creator .Prison officials
make that showing all the time both under RLUIPA and under O"'Lone and the
Constituion..
The problem all around with religion Clause analysis in prisons (and other
total institutions such as children's homes) is that the government exercise
more power over every aspect of life than it can in  "civilian" applications
which no doubt were at the forefront of the framers minds.

Marc Stern 

 

  _____  

From: religionlaw-bounces at lists.ucla.edu
[mailto:religionlaw-bounces at lists.ucla.edu] On Behalf Of Hamilton02 at aol.com
Sent: Friday, November 12, 2004 11:10 AM
To: religionlaw at lists.ucla.edu
Subject: Re: Evidence of religious conversion at a death
penaltysentencinghearing

 

But would the conversion to the World Church of the Creator (white
supremacist religion in prison and on the web) also count?  I think not,
which means the courts cannot say that conversion to religion per se
indicates good behavior.  They need to stick to the objective facts of good
behavior.  The appeal to Christianity is an attempt to bring into the case
mom and apple pie, but it can't be a legitimate criterion, under the rule
against sect preferences in both Religion Clauses.

Marci

 

I assume that the point is not that Christianity has special status, but
that the conversion to a system of religious belief is (or so a jury might
find) indicative of a likelihood of redemption (in a secular sense) and htat
the person need not be executed to protect society.
I would imagine that the same would be true if a convict showed devotion to
some secular equivalent. Under the court's cap[ital punishment rules ,post
arrest conduct in jail-even after conviction and on retrial-- is relevant as
a mitigating factor. 

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