Re: Go to church or go to jail

2012-11-20 Thread Arthur Spitzer
Donn Baker, the attorney for Alred, said, 'My client goes to church every Sunday. That isn’t going to be a problem for him.'” I suppose sentencing a person who likes broccoli to eat broccoli falls under the heading of harmless error. But if he decides to stop going to church at some point in the

Re: Go to Church or Go to Jail?

2011-09-26 Thread Douglas Laycock
Much milder versions of this, such as go to jail or go to AA, have been litigated and held unconstitutional. This plan will have a short life. On Mon, 26 Sep 2011 17:37:51 -0400 James Edward Maule ma...@law.villanova.edu wrote: That's what it appears to be (sorry for cross-posting but this

Re: Go to Church or Go to Jail?

2011-09-26 Thread Paul Finkelman
I wonder what happens if a Jew, a Moslem, or a Seventh Day Adventist gets arrested.  Not to mention a  Hindu, Buddhist, or another other follower of a non-western faith.   Paul Finkelman President William McKinley Distinguished Professor of Law Albany Law School 80 New Scotland Avenue

RE: Go to Church or Go to Jail?

2011-09-26 Thread Eric Rassbach
If the preaching is particularly bad, they might also have an Eighth Amendment claim. From: religionlaw-boun...@lists.ucla.edu [religionlaw-boun...@lists.ucla.edu] On Behalf Of Douglas Laycock [dlayc...@virginia.edu] Sent: Monday, September 26, 2011

RE: Go to Church or Go to Jail?

2011-09-26 Thread Finkelman, Paul paul.finkel...@albanylaw.edu
Oh, I just remembered. When I was the main expert in the Ten Commandments monument case in Alabama (Glassroth v. Moore), Chief Justice Roy Moore said that the Ten Commandments monument could not offend any religion because all religions believe in the Ten Commandments. When asked about Hindus

RE: Go to Church or Go to Jail?

2011-09-26 Thread Steve Sanders
I suspect the response from the Alabama legislators would actually be more truculent! _ From: religionlaw-boun...@lists.ucla.edu [mailto:religionlaw-boun...@lists.ucla.edu] On Behalf Of hamilto...@aol.com Sent: Monday, September 26, 2011 3:58 PM To: religionlaw@lists.ucla.edu;

Re: Go to Church or Go to Jail?

2011-09-26 Thread Marc Stern
Sixty five years ago, the Virginia Supreme Court threw out a juvenile sentence of this type. One can only wonder why this prosecutor and judge can't see what was long ago obvious. Marc From: Steve Sanders [mailto:steve...@umich.edu] Sent: Monday, September 26, 2011 09:05 PM To: 'Law Religion

RE: Go to Church or Go to Jail?

2011-09-26 Thread Finkelman, Paul paul.finkel...@albanylaw.edu
the enlistment deal is different; and lots people took it including a friend of mine who had killed some people in the DWI and was offered jail or the marines; he took the marines and after Nam went to law school and became a prosecutor. * Paul