Can a murderer ever be redeemed?

[JMHACLJ at aol.com]

In a message dated 12/13/2005 1:20:06 P.M. Eastern Standard Time,  
VOLOKH at law.ucla.edu writes:

Yet surely the answer is that it's perfectly legitimate for
people  to base either their support or opposition to capital punishment
on  religious justifications, just as it's legitimate for people to base
their  opposition to murder, slavery, racism, and the like on  religious
justification.  Am I mistaken?  Would some on this list  argue otherwise?



Eugene, of course you are correct, so far as you take your point.   There is 
no government orthodoxy, as I understand it, that may be imposed on the  
thinking of the People about matters of politics, religion, and the like (a  
separate fight, please, about the meaning of "imposed").  But what about  when the 
question moves beyond support for or opposition to the death penalty to  actual 
cases?  What happens when people of faith enter the jury box?
 
What then are the constitutional strictures?  If Venireman  Smith may base 
his support for, or opposition to, the death penalty,  on the teaching of his 
faith, how may the government modify its treatment  of him in respect of that 
religious fount for his opinions and actions?
 
If, in honest answer during voir dire, he expresses the view that the  death 
penalty is illicit in all cases, based on that religious belief, must he  be 
excused for cause?  may he be excused for cause? 
 
If Venireman Smith supports the death penalty for murder because of  the 
teaching of his faith, must he be excluded from service while Venirewoman  Jones 
be retained for service because her opinions on the death penalty are not  
traceable to religious teaching or faith?
 
May the Prosecutor (as I suspect is more likely) or the defense counsel  
inquire into religious faith with the intent and purpose of rooting out  veniremen 
whose religious identity would likely predispose them in one way or  another 
on the question of death?
 
Jim Henderson
Senior Counsel
ACLJ
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