In a message dated 12/12/2005 8:40:08 PM Pacific Standard Time, [EMAIL PROTECTED] writes:
Does that mean that it is illegitimate to base one's opposition to
capital punishment on it (or, for that matter, a literal, albeit
debatable, reading of "Thou Shalt Not Kill"), or, conversely, that it is
illegitimate to base one's support for capital punishment on a biblical
notion of "eye-for-an-eye" retribution?

sandy
Actually, last week, the 9th Circuit held that that an "eye-for-an-eye" is not just a "biblical notion," but, rather, is "the kind of common knowledge which most jurors are presumed to possess." 
 
See Fields v. Brown, --- F.3d ----, 2005 WL 3312690 (9th Cir. 2005) quoting Rodriguez v. Marshall, 125 F.3d 739, 745 (9th Cir. 1997), overruled on other grounds, Payton v. Woodford, 299 F.3d 815, 828-29 & n.11 (9th Cir. 2002) (en banc) in PDF format at:
 
 
Allen
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