A friend of this blog posted an excellent and thorough defence of the death penalty from a Christian perspective here. While I don’t really care to go through the ins and outs of the author’s points, one of the pieces he cited, a column by Dennis Prager, gets to the essence of the divide and shows where those trying to reconcile the bible with state enforced capital punishment go wrong.
Here is a look at each of three arguments Prager makes and my response to them.
Murder Must Be Punished?
1. It is a cosmic injustice to allow a murderer to keep his life.
This actually is true. Yes, God prescribed that if a man is guilty of murder, then he is to be put to death. He gave this command in several ways. It is also clear that justice demands this in both old and new covenant. Noah was given this command (Genesis 9:5-6), as were the Israelites. Though Jesus commands us to turn the other cheek, I am not yet convinced that this means that just retribution is also nullified. Secondly, just because scripture gives clear teaching that death is a legitimate penalty for some crimes, does not mean that the bible also condones the process that is currently in practice.
Capital Punishment Shows Society that Murder is More Evil?
2. Killing murderers is society’s only way to teach how terrible murder is. The only real way a society can express its revulsion at any criminal behavior is through the punishment it metes out. If murderers all got 10 years in prison and thieves all got 20 years in prison, that would be society’s way of saying that thievery is worse than murder. A society that kills murderers is saying that murder is more heinous a crime than a society that keeps all its murderers alive.
I agree in principle, but the application is not consistent. It is true that murder is more terrible in society than, say, stealing. But this is not because murder is inherently more sinful, but because the effects of murder are more severe - that is why society punishes it more severely. God will punish murder and stealing equally - all is sin - there are no shades of grey. In society, however, we punish murder with death because the effects against those murdered are permanent. We can always pay someone back or make restitution for other crimes. Murder removes that option.
However, punishment does not exist to show how bad something is. Punishment exists to bring justice. If we punished things in society on proportion to how “wrong” they are - then we must call for the death penalty for everything - even thoughts. We deserve hell and judgement for every word and thought (Hebrews 4:12).
As Christians, it is key that we realise that the bible cannot and should not be made the absolute authority for secular laws. In fact, the bible itself declares that it is not the bible which rules over governments, but God (Romans 13:1). It is not man’s job to implement the punishments for God’s laws on earth - we can’t - the punishment for breaking God’s law is hell. We can’t send people to hell.
What the bible declares is our job, is to tell men God’s law - to show them they have broken it and proclaim the gospel to them. So when we are dealing with crimes (as opposed to sins) - we are now outside of the realm of punishing sin and enforcing morality as the bible lays out. This does not mean we abandon the bible, in fact, we should embrace the bible and use it as a guide for informing our legal and judicial systems. For example, we can now see that murder is wrong not only because it is a sin, but because it goes against those laws which God has put in place in his creation. It disrupts this order in a criminal way - a perpetrator, a victim and an act of aggression.
Capital Punishment Deters Future Murders?
3. It can, if widely enacted, deter some murders. Though I regard this as a less important argument than the first two, there is no doubt that it is true. Everyone acknowledges that punishments can deter all other crimes — why wouldn’t capital punishment deter some murders? Is murder the only crime unaffected by punishment?
First, let me say that I find this “widely enacted” language downright scary. There is no question that men have the ability to coerce men into not doing things by threatening to kill them. This does not take massive amounts of brain power to realise.
However, just because we can do something doesn’t mean we should. Again, while obviously justice will deter crime in the future (men are inherently evil and will kill, steal, lie, blaspheme, etc…) it is not the primary purpose of justice to do this. We can’t confuse the indirect benefits of justice with the primary motives - justice exists primary to redress wrongs and establish a set of agreed-upon standards for ordering society. Again, the execution of justice will deter crime on its own -but this is not a selling point for the death penalty. The only question that is of primary importance is: is it just?
What About The Innocent?
I also want to address what I feel is the heart of my own objection to the death penalty as it now is administered - the fact that innocent people can and will be executed. Prager:
My answer has always been that this is so rare (I do not know of a proved case of mistaken execution in America in the last 50 years) that society must be prepared to pay that terrible price. Why? Among other reasons, because more innocents will be killed by murderers who are not executed (in prison, or once released or if they escape) than will be killed by the state in erroneous executions.
So, yes, I acknowledge the possibility of an innocent being killed by the state because of a mistaken murder conviction. But we often have the tragedy of innocents dying because of a social policy. I support higher speed limits even when shown that they lead to more traffic fatalities. I support the right of people to drink alcohol even though the amount of violence directly emanating from alcohol consumption — from drunk drivers to spousal and child abuse — is so high.
And now I have an additional argument. Regarding murder, it is not only those of us who support capital punishment who support a policy that can lead to the killing of innocents. So do almost all those opposed to capital punishment. Nearly all opponents of capital punishment (and many supporters of capital punishment) believe that if the police obtained evidence illegally, the conviction of a murderer should be overturned.
There are several breaches of logic and morality in this statement.
The argument put forward here is this: in order to have justice, society must accept a unjust system. This is double-speak. A logical fallacy. It does not add up. One cannot say that injustice is justice.
What would it be called if the state executed an innocent man? The answer is: murder. Killing innocent people is murder - regardless of whether it is a gang on the street or a government with flags and uniforms. If we have to have to tolerate murder - a heinous, terrible crime and moral evil - in order to be free of other murders, then I cannot condone it. I cannot support murder. I cannot! It doesn’t matter what the motives, ends or stated goals are- murder is evil - always!
In a case of clear cut guilt, then I think that we can execute a person. However, I believe that the state is incapable of achieving this kind of omniscience. So while the death penalty is acceptable in theory, it is not really applicable in practice. The death penalty can be good, right and moral - but only if it is carried out without injustice. Having a “justice system” where, built into the system, are crimes themselves is not acceptable for a Christian to support.
Prager also adds the following:
The people who believe in this policy do so knowing that it will lead to the murder of innocent people… So those who still wish to argue for keeping all murderers alive will need to argue something other than “an innocent may be killed.” They already support a policy that ensures innocents will be killed.
This is another logic game. Prager is arguing that lesser crimes must be broken in order to punish greater ones. If a person desires to be morally consistent(not committing any crimes) that they are responsible for the choices that others make. Again, this kind of tribal mentality is a little scary. Because I support someone’s right to not be tortured, abused or spied upon- I would be partially responsible if this person then went and murdered someone? Outrageous.
The bible makes it clear that each individual is responsible to God for the choices he makes. We are called to warn and educate those who are in danger of sin of their peril. But if they continue on in sin (or crimes) then they are responsible. It is not our job to police potential crimes - preventative actions that commit crimes against others (regardless of the motives) are wrong.
This gets to the heart of the issue. Christians must avoid compromising with the world. We must not allow men, popular culture, traditions or governments to dominate over what God has revealed is true and good. We are not obligated, just because the government tells us so, or because everyone generally accepts it, to go along with a system or set of laws that we know is wrong.
The relativistic and subjective wills of society and governments are not to trump the objective truth of God and his revealed word. This means that we have to be willing to have our views on capital punishment (and indeed, many laws that violate biblical laws) challenged.
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