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God in the CourtroomReligion's Role at Trial$
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Brian Bornstein and Monica Miller

Print publication date: 2009

Print ISBN-13: 9780195328677

Published to Oxford Scholarship Online: September 2009

DOI: 10.1093/acprof:oso/9780195328677.001.0001

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Judges’ Religion

Judges’ Religion

(p.85) 6 Judges’ Religion
God in the Courtroom

Brian H. Bornstein

Monica K. Miller

Oxford University Press

This chapter reviews social scientific research on the relationship between judges' religion and their decisions. It begins with a historical perspective on the role of religion in judicial selection (e.g., Catholic and Jewish seats on the U.S. Supreme Court). Next it reviews research on the relationship between judges' religious beliefs and their decisions, in both trial and appellate courts, and describes cases in which judges have explicitly invoked religion in sentencing. Judges have done this, for example, in sentencing defendants to attend religious services or in quoting religious texts to justify a particular sentence.

Keywords:   judges, sentencing, U.S. Supreme Court, judicial selection, Catholic seat, Jewish seat, First Amendment, Free Exercise Clause, Establishment Clause

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