Catholic Opposition to Death Penalty and Capital Case Defense Considerations

By Reba Kennedy on February 2, 2019

POSTED IN LEGAL ISSUES - DEATH PENALTY

Today, Florida Death Penalty defense strategies are dealing with the aftermath of Hurst v. Florida, where the impact of a jury in a capital punishment case was forever changed by the Supreme Court of the United States.

For details, read our past discussions:

• Florida Death Penalty, Hurst v. Florida, and Three SCOTUS Justices
• What Does the New Hurst Decision Mean for Florida Death Penalty?
• Florida Supreme Court Rules in Hurst v. Florida: Unconstitutional.

In 2019, the procedural changes mandated by Hurst are not the only consideration that capital case defense lawyers like Terry Lenamon must consider.  There is also the impact of Pope Francis’ declaration upon capital case jury selection in Florida.

See:  Pope Francis Changes Catechism on Death Penalty: What Does This Mean to Capital Cases?

Risks Resulting from Catholic Opposition of Death Penalty

A recent article written by law professor Aliza Plener Cover delves into the impact of Pope Francis’s proclamation and how it might end up with a harder row to hoe for Death Penalty defense teams.

From her position as associate professor at the University of Idaho College of Law, Professor Cover asks excellent questions, including:

• Can Catholic opposition to the death penalty actually increase the number of death sentences?
• How does Catholic opposition to the death penalty intensify the risk of minority defendants being sentenced to death?

Read Death Penalty Essay by Professor Cover

Read an excerpt of her article as it appears in the Washington Post, “Could the pope’s call to end the death penalty keep Catholics off juries?”

You can also read Professor Cover’s full essay, published in the Yale Law Journal Forum on December 3, 2018.  See: Cover, Aliza. “The Pope and the Capital Juror.” Yale Law Journal Forum (Forthcoming). 2018.

Point to Ponder:  Consider how jury selection in Florida may be impacted by the influences discussed by Professor Cover and how Florida Capital Case Defense Lawyers must include considerations of Catholics being excluded during jury selection.  How might this impact the jury panel who must decide on whether or not the defendant should be sentenced to death?

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