The Code of Hammurabi (updated)

Mar. 29 - Education just isn't what it used to be: Death Penalty Tossed Over Jury's Bible Study:

DENVER — The Colorado Supreme Court on Monday threw out the death penalty in a rape-and-murder case because jurors had studied Bible verses such as "eye for eye, tooth for tooth" during deliberations.

On a 3-2 vote, justices ordered Robert Harlan to serve life in prison without parole for kidnapping 25-year-old cocktail waitress Rhonda Maloney in 1994, raping her at gunpoint for two hours and then fatally shooting her.

The jurors in Harlan's 1995 trial sentenced him to die, but defense lawyers discovered five of them had looked up Bible verses, copied them down and talked about them while deliberating a sentence behind closed doors.

The Supreme Court said "at least one juror in this case could have been influenced by these authoritative passages to vote for the death penalty when he or she may otherwise have voted for a life sentence." [Irritating (search) notations deleted]

As an aside, I have yet to meet anyone who has even a passing acquaintance with the Bible who needed to write the one cited passage down. It's only one of the most well known passages in the Bible, so there must be more to the story that is being reported, and now I'm curious as to what passages were relatively unknown and actually needed to be written out.

But the real curiosity was in the findings of the appeal. The judge should have known that the legal concept of equal punishment for equal transgression was actually codified by a Babylonian king in 2500 B.C. in what has come to be known as the The Code of Hammurabi which systematically organized earlier laws into one code:

The code then regulates in clear and definite strokes the organization of society. The judge who blunders in a law case is to be expelled from his judgeship forever, and heavily fined. The witness who testifies falsely is to be slain. Indeed, all the heavier crimes are made punishable with death. Even if a man builds a house badly, and it falls and kills the owner, the builder is to be slain. If the owner's son was killed, then the builder's son is slain. We can see where the Hebrews learned their law of "an eye for an eye." These grim retaliatory punishments take no note of excuses or explanations, ..

On second reading, maybe the judge had his own reasons to consider the potential influence of the Code to be dangerous.

Oh well, at least weird stuff is finally coming out of Colorado again (All the, um, semi-oddball states have to do their part, you know.)

(No offense intended to residents of Colorado. I'm a native of California, so I get that you may be tired of everyone thinking you're all crazy.)

(Really, I more than get it. I endured years of strange looks when I told people I was from California. They either thought I was either crazy to leave or as nutty as a fruitcake just because I was born there. You just gotta know when you can't win.)

Mar. 30 - 02:20 Many thanks to commenter TimR for providing a link to the NY Times article on the Co. Supreme Court ruling which has much more context than the Fox report.

Mr. Harlan is one deranged man. His victim escaped and waved down a passing vehicle, Harlan caught up with them, shot the motorist leaving her paralyzed and then shot and killed his first victim. He did not kill on impulse but exhibited a cold determination to kill.

The defense lawyers brought up the Bible (it's inferred that this happened during statements before the jury retired to consider the sentence) and urged the jurors to consult Biblical wisdom, including the mercy God showed to Abraham (referring to Isaac, I assume.)

Legal experts said that Colorado was unusual in its language requiring jurors in capital felony cases to explicitly consult a moral compass. Most states that have restored the death penalty weave in a discussion of moral factors, lawyers said, along with the burden that jurors must decide whether aggravating factors outweigh mitigating factors in voting on execution.

Furthermore, the judge instructed the jury "to think beyond the narrow confines of the law" and that "each juror ... must make an 'individual moral assessment,' in deciding whether Mr. Harlan should live." The Supreme Court could have found the judge erred in his instructions, but the article only states

The Bible, the court said, constituted an improper outside influence and a reliance on what the court called a "higher authority.

Professor Howard J. Vogel is quoted in the article to say "I don't think it's a religious text that's the problem here, but rather whether something is being used that trumps the law of the state."

Personal moral compasses and reliance on "higher authorities" have long trumped the law of the state and many brave souls, such as the early Christian martyrs, Henry David Thoreau, John Brown, Susan B. Anthony, those who sheltered Anne Frank and defied Nazi law, Mahatma Ghandi, Dr. King, and thousands of freedom marchers have disobeyed the law and inspired millions more and, by their appeal to the moral compasses of others, profoundly changed the world for the better.

Moral compasses have long trumped the law because when it does not do so we silently allow gays, Jews, gypsies and other "undesirables" to be transported to gas chambers, we do not challenge laws that legislate second class citizenship within our nations, and we stand idly by while genocide is committed in places like Iraq, Rwanda and Sudan.

Free people have moral compasses. Sheep do not.

Colorado Conservative Darren has some reflections on the decision and more information about the Colorado ruling.

Posted by: Debbye at 12:53 PM | Comments (2) | Add Comment
Post contains 966 words, total size 6 kb.