Christianity and Opposition to the Death Penalty: Late Modern Shifts

This article sketches the shifts in Christian thought and denominations on capital punishment from the early church to today in the United States, and then examines the ethical issues in the administration of capital punishment both before and since the Supreme Count stopped executions in 1972. The conclusion of the article is that overwhelming evidence of the injustice of death sentences could not sway popular support for capital punishment, but evidence that switching to life sentences could save states millions of dollars is swaying many pro‐death penalty voters and legislators.     

‘The witness who saw, /he left little doubt’: a comparative consideration of expert testimony in mental disability law cases in common and civil law systems

The question of how courts assess expert evidence—especially when mental disability is an issue—raises the corollary question of whether courts adequately evaluate the content of the expert testimony or whether judicial decision making may be influenced by teleology (‘cherry picking’ evidence), pretextuality (accepting experts who distort evidence to achieve socially desirable aims), and/or sanism (allowing prejudicial and stereotyped evidence). Such threats occur despite professional standards in forensic psychology and other mental health disciplines that require ethical expert testimony. The result is expert testimony that, in many instances, is at best incompetent and at worst biased. The paper details threats to competent expert testimony in a comparative law context—in both the common law (involuntary civil commitment laws and risk assessment criminal laws) and, more briefly, civil law. We conclude that teleology, pretextuality, and sanism have an impact upon judicial decision making in both the common law and civil law. Finally, we speculate as to whether the new United Nations Convention on the Rights of Persons with Disabilities is likely to have any impact on practices in this area. Copyright © 2009 John Wiley & Sons, Ltd.