Religious Comments at Sentencing

Entering a sentence is more than a mere recitation of months and years and dollars. A judge has wide latitude to consider all sorts of information at sentencing, and then to make comments about that information when pronouncing judgment. As the Fourth Circuit put it in a leading case, “[t]o a considerable extent a sentencing judge is the embodiment of public condemnation and social outrage.” United States v. Bakker, 925 F.2d 728, 740 (4th Cir. 1991). It is entirely appropriate for a judge to speak to defendants—even to lecture them—“as a lesson to that defendant and as a deterrent to others.” Id. But some topics are off limits. A recent North Carolina case explored the propriety of a religious comment at sentencing. In State v. Earls, a jury found the defendant guilty of multiple sex crimes, including indecent liberties, rape, and incest. At sentencing, the judge said: I think children are a gift of God and I think God expects when he gives us these gifts that we will treat them as more precious than gold, that we will keep them safe from harm the best as we’re able and nurture them and the child holds a special place in this world. In the 19th chapter of Matthew Jesus tells his disciples, suffer the little children, to come unto me, forbid them not: for such is the kingdom of heaven. . . . I’m going to enter a judgment in just a moment. But some day you’re going to stand before [...]