Judge Roy Moore and Foundation for Moral Law Applaud Federal Court’s Ruling That Jury’s Consultation of Bible in Death Penalty Case Did Not Prejudice Death Penalty Decision; But Court Should Not Have Held Bible Was “Improper External Influence” on Jury

August 15, 2008

Judge Roy Moore and the Foundation for Moral Law applauded the decision of the 5th Circuit Court of Appeals in Oliver v. Quarterman, to the extent that the Court rejected Khristian Oliver’s argument that his death penalty sentence for a brutal murder should be overturned because several jury members brought Bibles and consulted a scripture verse or two in the deliberation room. The Court rejected Oliver’s argument that the mere reference to Bible passages tainted the proceedings and rendered the jury “impartial,” in violation of the 6th Amendment to the U.S. Constitution.

According to Judge Moore, “We agree with the 5th Circuit that the presence of the Bible in the jury deliberating room did not prejudice Khristian Oliver’s case. The defendant committed a cruel and inhumane act and for him to attempt to use the presence of the Bible to avoid the death penalty is utterly ridiculous.”

The 5th Circuit Court, however, noted that the jury’s use of the Bible was an “improper external influence” on the deliberations. Judge Moore responded, “We do however disagree with the court’s irrelevant remark that the Bible was an improper external influence on the jury in a case where jurors take an oath to God to do their duty.”

Judge Moore and the Foundation argued in its amicus curiae brief filed in this case that the Texas jury’s consultation of Bible passages during death-penalty sentencing deliberations was not an improper external influence on, nor prejudicial to, the jury in violation of the 6th Amendment. A jury’s use of the Bible is a natural occurrence since a jury historically reflects the diversity of the community from which it is drawn, including members who consider the Bible an integral part of their faith and morality. A “Bible-free” jury does not reflect the communities of this country and would, in effect, establish a reverse religious test to qualify for jury service. (Read the legal brief here.)

The Foundation for Moral Law, a national non-profit legal organization, is located in Montgomery, Alabama, and is dedicated to restoring the knowledge of God in law and government through litigation and education relating to moral issues and religious liberty cases.