Saturday, 21 March 2009

In defence of the death penalty

There is disagreement within Christendom over whether the death penalty is compatible with Christian theology. I am not fully certain as to which camp is correct, though I favour the conclusions below.

Here I wish to give a defence in favour of capital punishment. I will restrict my discussion to the case of murder. I will not cover pragmatic opposition such as miscarriage of justice and the fear of innocents being put to death. While these are important issues, they are issues of administration. My concern is whether execution is fundamentally an appropriate punishment.

There is Scripture in support of the death penalty in certain situations. Therefore I do not think the question is whether or not capital punishment is intrinsically wrong, God ordained it several times. The question is whether not putting people to death is preferable for reasons based on Jesus' deeper revelation of the intentions of God.

The first mention of the death penalty follows the Flood.
But you* shall not eat flesh with its life, that is, its blood. And for your* lifeblood I will require a reckoning: from every beast I will require it and from man. From his fellow man I will require a reckoning for the life of man.
"Whoever sheds the blood of man,/
by man shall his blood be shed,
for God made man in his own image...." (Genesis 9)
As mentioned previously this verse is significant in its reasoning. Men have the implanted imago Dei. We must not remove this. Only God has the right to destroy life because it is his image that is being erased.

When God gives the Law to Moses we see similar commands. The 6th commandment is, "You shall not murder" (Exodus 20, Deuteronomy 5). Others translate this as, "You shall not kill." Neither "murder" nor "kill" is fully conveys the Hebrew ratsach (רָצַח). "Kill" is too generic. "Murder" implies immoral intention, though the word can be applied to sanctioned and accidental killing. The NET Bible notes state,
The verb רָצַח (ratsakh) refers to the premeditated or accidental taking of the life of another human being; it includes any unauthorized killing (it is used for the punishment of a murderer, but that would not be included in the prohibition).
Compare Deuteronomy 19:
This is the provision for the manslayer (ratsach), who by fleeing there may save his life. If anyone kills (nakah) his neighbor unintentionally without having hated him in the past—
This prohibition clearly does not apply to those carrying out capital punishment for murder. This is seen in the specific commands given to the state and those acting for the state. The above example from Genesis specifies that the offender is to be put to death; that is, there is a command to kill in the pursuit of justice. The Mosaic Law also makes similar provision:
Whoever strikes a man so that he dies shall be put to death. But if he did not lie in wait for him, but God let him fall into his hand, then I will appoint for you a place to which he may flee. But if a man willfully attacks another to kill (harag) him by cunning, you shall take him from my altar, that he may die. (Exodus 21)

But if anyone hates his neighbor and lies in wait for him and attacks him and strikes him fatally so that he dies, and he flees into one of these cities, then the elders of his city shall send and take him from there, and hand him over to the avenger of blood, so that he may die. Your eye shall not pity him, but you shall purge the guilt of innocent blood from Israel, so that it may be well with you. (Deuteronomy 19)
The command to put someone to death is specific. It holds even if there is a general command not to kill men. Deuteronomy expands this commenting that the murderer killed an innocent man. The prohibition of killing or murdering does not apply to the murderer as he is not innocent.

So we see clear commands both in the time of Noah and of Moses that men are prohibited from killing people and the punishment for such crime is to forfeit one's life. The reason for such is:
  • that the victim is innocent;
  • that such behaviour offends God's holiness (note the words: "take him from my altar"); and
  • that God's image in man is destroyed without God's permission.
I do not see statements from Jesus that would lead us to reconsider the above arguments. Jesus spoke to hatred. He informs us that hatred and murder come from same source within us. We cannot claim to obey the commandment not to murder if we hate. Despising men in our hearts is breaking this law. This does not necessarily imply that the degree to which we sin when hating our brother is the same as if we murdered him. Not all sins are equal. But it does state that before God non-murderers who hate have still offended God. They have still broken the essence of the 6th commandment. They are still in need of judgment by God for this.

Jesus also emphasised the need for us to forgive. Whether we are to forgive those who do not request or desire it is debated by Christians. There are examples of those who forgave unrepentant men including Jesus and Stephen. We are definitely commanded to forgive those who ask us (Matthew 18). I do not seek to resolve this question here. But even assuming the murderer is repentant and requests forgiveness, should this affect punishment?

While forgiveness is important to our own spiritual health, and forgiveness removes any right of redress when extended to a repentant man; I am not certain that this is relevant to government punishment. It would be difficult for them to let such murderer free immediately as although he has acknowledged his wrong, he may struggle to behave righteously. He may hate his anger but his struggle to control it may put the lives of others at risk in the future. So for the safety of the community he, at minimum, probably needs to be in prison.

Further, Jesus' commands seem to be predominantly aimed at the individual. The problem with the world is us and it is us that need to change. Individuals repent and enter the kingdom of God, not governments. Granted, men in government can belong to the kingdom of God and thus govern righteously, but it is still individuals who are redeemed. We are eternal, cultural structures are not. But although the state may be temporary, it still the governing authority in the current dispensation. And I do not see how the teachings for individuals change God's intention for the state.

Paul makes an interesting comment in the era of grace.
For rulers are not a terror to good conduct, but to bad. Would you have no fear of the one who is in authority? Then do what is good, and you will receive his approval, for he is God’s servant for your good. But if you do wrong, be afraid, for he does not bear the sword in vain. For he is the servant of God, an avenger who carries out God’s wrath on the wrongdoer. (Romans 13)
The sword may be representative of the threat of punishment, however if the threat does not go heeded then the punishment occurs. And sword here is a metonymy for execution. Paul affirms the appropriateness of state having the power of execution. If the state is allowed to execute at all then this will apply to the most appropriate crimes. Murder being the most appropriate, save, perhaps, treason.

The earliest teachings tell us that the death penalty is to be enacted. Ezekiel suggests that refusal to execute those deserving of death is unacceptable,
You have profaned me among my people for handfuls of barley and for pieces of bread, putting to death souls who should not die and keeping alive souls who should not live, by your lying to my people, who listen to lies. (Ezekiel 13)
Since Jesus we know that capital punishment for murderers is still at least permissible. However could a judge appropriately override this punishment? Say a righteous judge who was not open to corruption, a murderer who has repented, the victim's next of kin forgiving and not desiring revenge. Perhaps the murderer has accepted Christ and the judge is Christian; both aware that Christ's death had atoned for his heinous sin.

I guess a situation like this could allow for an exemption. And because Christ takes the curse there is no curse on the land from the bloodguilt.

This assumes a (Christian) theocracy, or a general tacit approval by the governed (in a democracy) or the king (in a monarchy) of the truth of Christianity. This may describe the current situation in Rwanda. I do have difficulty applying this to all governments. It also opens up the possibility that men will claim religion to escape punishment and thus, potentially, lead to the perversion of justice.

In conclusion there is strong evidence that the death penalty for murder is an appropriate punishment, it is probably the best punishment and it may even be commanded by God. Therefore governments who disallow it are answerable to God for this. There may be situations in which men may be exempt from this punishment however this should be applied with caution. In situations where exemption is permissible, if exemption is still not granted the state is probably not sinning in its refusal.

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