CrimProf Blog

Editor: Kevin Cole
Univ. of San Diego School of Law

A Member of the Law Professor Blogs Network

Sunday, August 14, 2005

New Article Spotlight: Catholic Judges in Capital Cases

Ssrnlogo100_3 John Garvey of BC and Amy Barrett of Notre Dame have posted Catholic Judges in Capital Cases on SSRN.  Here's the abstract:

The Catholic Church's opposition to the death penalty places Catholic judges in a moral and legal bind. While these judges are obliged by oath, professional commitment, and the demands of citizenship to enforce the death penalty, they are also obliged to adhere to their church's teaching on moral matters. Although the legal system has a solution for this dilemma by allowing the recusal of judges whose convictions keep them from doing their job, Catholic judges will want to sit whenever possible without acting immorally. However, litigants and the general public are entitled to impartial justice, which may be something a judge who is heedful of ecclesiastical pronouncements cannot dispense. Therefore, the authors argue, we need to know whether judges are legally disqualified from hearing cases that their consciences would let them decide. While mere identification of a judge as Catholic is not sufficient reason for recusal under federal law, the authors suggest that the moral impossibility of enforcing capital punishment in such cases as sentencing, enforcing jury recommendations, and affirming are in fact reasons for not participating.

To obtain the paper, click here. [Mark Godsey]

http://lawprofessors.typepad.com/crimprof_blog/2005/08/new_article_spo_2.html

Scholarship | Permalink

TrackBack URL for this entry:

http://www.typepad.com/services/trackback/6a00d8341bfae553ef00d83552f50069e2

Listed below are links to weblogs that reference New Article Spotlight: Catholic Judges in Capital Cases: