I'm conflicted. On the one hand, I know that death is what this guy wants. He can die happy, knowing that he is a martyr and will be rewarded for his heinous actions in the afterlife. On the other hand, I hate the idea of wasting taxpayer money on him for the rest of his life.
Anyone know what the law is re: giving him a copy of the Quran and a prayer matt while he is in prison? Can the government deny him access to those things? I like the idea of keeping him alive and miserable for as long as possible.
If convicted felons lose their right to vote and own firearms, why can't a convicted terrorist be stripped of he freedom of religion and be denied accommodations to it?
Copied from an secondary source, but known to be accurate by me...
In prison cases, courts permit certain restrictions on religious exercise. While "[p]rison walls do not form a barrier separating prison inmates from the protections of the Constitution,"
Turner v. Safley, 482 U.S. 78, 84 (1987), a prisoner’s rights may be limited due to the nature of incarceration itself and the valid penological objectives of the state.
DeHart v. Horn, 227 F.3d 47, 50-51 (3d Cir. 2000). In
Turner, the Supreme Court set out the factors that courts should consider when determining the validity of a regulation that limits an inmate’s First Amendment rights: 1) whether the regulation is a neutral one "reasonably related to legitimate penological interests;" 2) whether there remains alternative means for the prisoner to exercise his rights; 3) whether the accommodation would have a significant "ripple effect" on other prisoners, guards, or the allocation of prison resources; and 4) whether there exists an alternative to the regulation that would accommodate the prisoner’s rights at "
de minimis cost to valid penological interests."
Turner, 482 U.S. at 89-91.
This standard is not very protective of prisoners’ First Amendment rights. In
O’Lone v. Estate of Shabazz, 482 U.S. 342 (1987), the Supreme Court upheld two regulations that effectively prohibited Muslim prisoners from attending Friday afternoon congregational services. The Court reasoned that although some prisoners were completely unable to attend services, the restrictions were reasonable because prisoners could practice other aspects of their faith.
Id. at 351-52.
So probably couldn't bar copies of the Quran or prayer mats....unless you banned all reading materials and floor coverings...and there was a penalogical/safety interest in doing so. Almost certainly couldn't ban all exercise of the religion...particularly when you allow (and in some cases encourage) the practice and exercise of other religions.
