Can a Judge Use Religion to Justify a Maximum Sentence?

By: John Guidry

I have been in front of many judges over my 21+ years practicing criminal defense. Their job is simple: to referee the game. As the old saying goes, a good lawyer knows the law, and a great lawyer knows the judge.

But knowing a judge’s religious beliefs will not necessarily tell you how harsh or lenient they might be. In fact, it is often a sad commentary on our system that some of the most unmerciful sentences I have seen come from judges who claim to be devout Christians.

As a Christian myself, I struggle with this. Christianity requires mercy—which essentially suspends justice. A judge’s job is to dispense justice, not mercy. But when a judge explicitly brings their religion into the sentencing phase, they cross a legal line.

Was your sentence influenced by a judge’s personal bias or religious beliefs?

You have the right to an impartial sentencing. Call John today at (407) 423-1117.

The Legal Breakdown: Torres v. State

Let’s examine a case where a judge’s “Catholic guilt” trip went too far. The case is Torres v. State, 124 So. 3d 439 (Fla. 1st DCA 2013).

• The Crime: Torres was convicted of sexual battery.
• The Sentence: He received 30 years in prison—the absolute maximum. (Note: The judge could have given him as little as 9 years and 4 months, but chose the max).
• The Incident: During sentencing, the Defendant’s father pleaded for his son, stating: “Your Honor… I am a Catholic and I believe in the Bible… my son is innocent.”
• The Judicial Error: Instead of staying neutral, the judge responded: “You’re a good Catholic fellow as I am. That’s not the way Catholic people – – that’s not the way anybody with morals should do anything.”

The Ruling: The appeals court overturned the 30-year sentence. Why? Because religion is an impermissible sentencing factor. The court reasoned that the judge’s comments could be construed as basing the sentence, at least in part, on his religious standards. Because it wasn’t clear if the sentence would have been the same without that bias, they vacated the sentence and ordered a new hearing before a different judge.

John’s Takeaways

This case highlights a critical boundary in our justice system. While we all have personal beliefs, they cannot be the yardstick used to measure a defendant’s punishment.

• Religion is Out of Bounds: A judge cannot punish you more severely because you “sinned” against their specific religious code. They must punish you based on Florida law, not the Bible (or any other religious text).
• The “Open Door” Trap: In Torres, the father opened the door by mentioning his faith. This put the judge in a tough spot, but the judge made the mistake of walking through that door and engaging in a “Catholic-to-Catholic” lecture.
• Mercy vs. Justice: It is disappointing to see judges who profess to follow a faith of mercy (Luke 6:36: “Be merciful, just as your Father also is merciful”) hand down maximum sentences when lesser options are available. However, legally, their lack of mercy is only reversible if they tie it to an impermissible factor like religion.
• Sentencing Neutrality: If a judge makes religiously themed comments during your sentencing, we need to review the transcript immediately. It creates the appearance of bias, and that alone can be grounds for a resentencing.

Demand an Impartial Referee

We Christians are called to be merciful, but the courtroom is designed to be neutral. If you believe your sentence was the result of a judge imposing their personal religious morality rather than the law, you may have grounds for an appeal.

Call me at (407) 423-1117. Let’s ensure your sentence is based on the law, not a sermon.

About John Guidry II

John Guidry II is a seasoned criminal defense attorney and founder of the Law Firm of John P. Guidry II, P.A., located in downtown Orlando next to the Orange County Courthouse, where he has practiced for over 30 years. With more than three decades of experience defending clients throughout Central Florida since 1993, Guidry has successfully defended thousands of cases in Orange, Seminole, Osceola, Brevard, Lake, and Volusia counties. He has built a reputation for his strategic approach to criminal defense, focusing on pretrial motions and case dismissals rather than jury trials.

Guidry earned both his Juris Doctorate and Master of Business Administration from St. Louis University in 1993. He is a member of the Florida Bar and the Florida Association of Criminal Defense Lawyers. His practice encompasses the full spectrum of Florida state criminal charges, with a particular emphasis on achieving favorable outcomes through thorough pretrial preparation and motion practice.

Beyond the courtroom, Guidry is a prolific legal educator who has authored over 400 articles on criminal defense topics. He shares his legal expertise through his popular YouTube channel, Instagram, and TikTok accounts, where he has built a substantial following of people eager to learn about the law. His educational content breaks down complex legal concepts into accessible information for the general public.

When not practicing law, Guidry enjoys tennis and pickleball, and loves to travel. Drawing from his background as a former recording studio owner and music video producer in the Orlando area, he brings a creative perspective to his legal practice and continues to apply his passion for video production to his educational content.