What About Capital Punishment?

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What About Capital Punishment?

UNLESS OTHERWISE NOTED, ALL SCRIPTURE QUOTATIONS

ARE FROM THE New American Standard Bible.

In 2003 the outgoing governor of Illinois, George Ryan, made history by commuting the sentences of all 157 prisoners awaiting execution. He did so, he said, because the capital punishment system was broken.

More recently, the former dictator of Iraq, Saddam Hussein, was executed by hanging after having been found guilty of, among other things, crimes against humanity. The event sparked fresh rounds of violence from religious extremists, as well as condemnation from a a number of high-ranking officials who believe any form of capital punishment is tantamount to murder.

Like any system dependent on imperfect human beings, the capital punishment system has problems. The most serious and most tragic, of course, is when someone is put to death for a crime(s) he or she did not commit. While I in no way consider myself qualified to address the subject of how to fix the capital punishment system, I will make the argument that God's inspired, authoritative Word, the Bible, upholds and supports capital punishment. Which, as I see it, means our elected officials have a responsibility to address and correct the problems associated with the capital punishment system rather than opting for the quick-fix solution of doing away with the death penalty altogether.

Old Testament Law

The Old Testament (OT) Law given through Moses lists a number of capital offences. For example:

"'He who strikes a man so that he dies shall surely be put to death.'" (EXODUS 21:12)
"'And he who strikes his father or his mother shall surely be put to death. And he who kidnaps a man, whether he sells him or he is found in his possession, shall surely be put to death. And he who curses his father or his mother shall surely be put to death." (EXODUS 21:15-17)
"'Therefore you are to observe the sabbath, for it is holy to you. Everyone who profanes it shall surely be put to death; for whoever does any work on it, that person shall be cut off from among his people. For six days work may be done, but on the seventh day there is a sabbath of complete rest, holy to the Lord; whoever does any work on the sabbath day shall surely be put to death.'" (EXODUS 31:14-15)
"'If there is anyone who curses his father or his mother, he shall surely be put to death; he has cursed his father or his mother, his bloodguiltiness is upon him. If there is a man who commits adultery with another man's wife, one who commits adultery with his friend's wife, the adulterer and the adulteress shall surely be put to death.'" (LEVITICUS 20:9-10)

Some who oppose capital punishment would immediately reply that since a) capital punishment is part of the OT Law and b) the OT Law is no longer binding, then c) capital punishment is not binding today. However, while it is true that specific commands within the Law may not be binding on God's people today, the principles conveyed by those commands certainly are. For example, while we are not called to live by the laws related to purification, we are called to take care of our bodies (both internally and externally) and strive to live lives characterized by spiritual and moral purity. In fact, it is probably not too much to say that behind every specific OT command that is no longer binding is a universal principle that remains in effect today.

Looking at capital punishment as it was upheld and enforced by the OT Law can provide us with some guiding principles for its enforcement today:

A review of OT law reveals that evidentiary and due-process protections were established to govern death-penalty cases. These include proportionality (Ex. 21:23-25); certainty of guilt established by two witnesses (Dt. 17:6; Nu. 35:30); intent (Nu. 35:22-24); due process provisions including the cities of refuge which protected an accused until trial (Nu. 35); individual responsibility (Dt. 24:16); fairness of legal proceedings regardless of economic standing in the community (Ex. 23:6-7); and restraint in imposing the death penalty (Ezk. 33:11).

Each of these is a principle, which means they must be implemented in a contemporary context different from that found in the OT. The principles are universal even though the specific applications found in the Mosaic law may not be. [REF]

But, some may argue, even the Ten Commandments forbid killing -- i.e., "Thou shalt not kill." And doesn't capital punishment really amount to killing to show that killing is wrong? Because the Ten Commandments are a reflection of God's (universal) will for all people, they should be taken very seriously. A vital point to remember here, however, is that the word translated "kill" by the King James Version is more accurately rendered "murder." Which is why modern English Bibles translate it as such -- i.e., "You shall not murder." And murder, by definition, is not the same as killing.

Prior to becoming a Christian, I was sentenced to 17 years in prison for two counts of armed-robbery (I accepted Christ while incarcerated). If during the course of one or both of those robberies I had shot and killed someone, I would have been guilty of murder. If the State of North Carolina had then executed me, it would have killed me but it would not have been guilty of murder. The crucial difference has to do with the legitimate vs. illegitimate use of power and authority. The right to life and liberty is a fundamental principle upheld and enforced by our government. And both the restraint and punishment of crime is a vital part of that process. Executing someone who commits murder serves as both a restraint (by removing the murderer from society and by demonstrating to society what will happen to those found guilty of murder) and a form of punishment (by forcing the murderer to forfeit his or her life for the life that was taken).

The New Testament

The apostle Paul taught that human government is ordained by God.

Let every person be in subjection to the governing authorities. For there is no authority except from God, and those which exist are established by God. Therefore he who resists authority has opposed the ordinance of God; and they who have opposed will receive condemnation upon themselves. For rulers are not a cause of fear for good behavior, but for evil. Do you want to have no fear of authority? Do what is good, and you will have praise from the same; for it is a minister of God to you for good. But if you do what is evil, be afraid; for it does not bear the sword for nothing; for it is a minister of God, an avenger who brings wrath upon the one who practices evil. Wherefore it is necessary to be in subjection, not only because of wrath, but also for conscience' sake. (ROMANS 13:1-5)

Why should we submit to the governmental authorities? Because they are ordained by God. [REF] Notice, too, that Paul referred to "every person" submitting, not just the followers of Christ. [REF] Broadly speaking, human government is established for the purpose of upholding the good and punishing the evil. [REF] It accomplishes these responsibilities by: protecting the citizenry against itself; punishing those who break the law; and promoting the general welfare. [REF] (For more along these lines, see Prayer, Submission, and Our New President.)

Okay, government is to protect, punish, and promote. But where does capital punishment come into play? By the fact that:

Human government is given its authority by the giver and taker of life, God himself. Since God's Word clearly reveals the need for the death penalty, human government has both the right and the responsibility to implement it -- albeit in as wise and just a manner as possible.
Some evils can be eradicated only by the permanent removal of their perpetrators.
In Romans 13:4 Paul appears to be using an idiom (literally, "to bear the sword") which refers "to hav[ing] the capacity or authority to punish." [REF] The government's God-given right to punish wrongdoers is not in question; what some dispute is whether such punishment includes the ultimate right to take life. Many conservative Bible commentators believe this verse does include such an idea, and such an interpretation is certainly in keeping with both what the Scriptures teach elsewhere and what is known of the Roman government in Paul's day. [REF] [REF] [REF] [REF] [REF] [REF] [REF] For example: "'The sword' refers to the standard method of execution in this period (beheading); in earlier times the ax had been used. Swords were carried in front of Roman officials to indicate their authority over life and death." [REF] The sword was "[b]orne as the symbol of the magistrate's right to inflict capital punishment. Thus Ulpian: 'They who rule whole provinces have the right of the sword.' The Emperor Trajan presented to a provincial governor, on starting for his province, a dagger, with the words, 'For me. If I deserve it, in me.'" [REF]

The word used by Paul in Romans 13:4 (machaira) specifically refers to "a relatively short sword (or even dagger) used for cutting and stabbing." [REF] Among its other occurrences within the NT, it is the same word:

Jesus used when he said he "did not come to bring peace but a sword" (MATTHEW 31:62).
Used: in describing the "swords and clubs" carried by the mob who came to take Jesus on the night he was betrayed (MATTHEW 26:47; MARK 14:48; LUKE 22:52); for the "sword" used by Peter when he attacked "the slave of the high priest" (MATTHEW 26:51); and in Jesus' rebuke regarding living and dying by the sword (MATTHEW 26:52).
Used for the "sword" the jailer was going to use to commit suicide (ACTS 16:27).
Regarding the faithful who "were put to death with the sword" (HEBREWS 11:37).
Used twice when referring to "anyone [who] kills with the sword, with the sword he must be killed" (REVELATION 13:10).

The point being that elsewhere within the NT this word refers to a literal sword with the potential to kill.

Forgiveness, Justice, and Love

Any sin is first and foremost a sin against God. And so we should seek his forgiveness whenever we sin. Hence in the OT while we see one person asking forgiveness from another, the predominant pattern is for the sinner to seek God's forgiveness. [REF] God's forgiveness, however, is not automatic and at times he refuses to forgive (e.g. EXODUS 23:21; DEUTERONOMY 29:20; JOSHUA 24:19; 2 KINGS 24:4; ISAIAH 22:14; LAMENTATIONS 3:42; HOSEA 1:6). [REF] When we turn to the New Testament (NT), we see Jesus linking forgiveness with healing to demonstrate that: 1) he has the right to do what only God can do, 2) salvation involves the whole person, both material and immaterial, and 3) the physical ramifications of sin -- i.e., disease and death -- will be completely erased at the consummation of God's kingdom. Jesus also calls his followers to love their enemies and to forgive one another. In fact, a refusal to forgive someone who has sinned against us proves that we have not received God's life-changing forgiveness available only to those who are fully committed to Jesus. [REF] Where the apostle Paul speaks directly of forgiveness, we see that believers are forgiven because of Christ's sacrificial death on their behalf and that they, in turn, are to forgive one another. [REF]

Justice is a common theme in the Bible. In the OT we see countless examples of the outcome of both just and unjust behavior. The book of Proverbs has quite a bit to say regarding being just and pursuing justice. And, most importantly, time and again God is declared to be just in all his ways. The same theme can be found in the NT, where Jesus extols "justice and the love of God" (LUKE 11:42). And Peter declared that Jesus died for us, "the just for the unjust" (1 PETER 3:18). It's been said that the cross of Christ is where God's justice met his love (or mercy). The giving of his only Son to die a horrible death for a world of people the vast majority of whom would reject him proves how much God loves us. Even so, God's perfect sense of justice could not allow him to issue a blanket pardon; only those who accept his one and only provision of forgiveness through personal faith in the finished work of Christ are forgiven and given the gift of eternal life.

The cross of Christ thus carries with it some major moral and ethical implications: people must be held accountable for their actions, and wrongdoing must be punished. To be sure, the punishment should fit the crime, and in the case of capital punishment I believe it does. On a personal level, Christians are called to love and forgive other people --even the person who has robbed them of a spouse, a child, or a friend. But justice also demands that the guilty party be held responsible for his or her actions. There is a law of sowing and reaping, to which any Christian who lived a lawless life prior to coming to Christ will attest, as he/she deals with the ramifications of his/her sinful choices for the remainder of his/her days on this earth. (In my own case, there will be people who hold my criminal past against me for the rest of my life.) Does that mean God doesn't love us or hasn't forgiven us? Certainly not. It does mean, however, that all choices have consequences. And the person who chooses to willfully, maliciously take another human life should be allowed to experience the consequences of his actions by way of capital punishment. Even then, however, there is God's grace, since the years spent on death row present an extended opportunity to come to Christ, be forgiven, and spend all of eternity with him.

The Sanctity of Human Life

Capital punishment is necessary because life is sacred. The sanctity of life is why God specifically commanded capital punishment long before the OT Law ever came into existence. Following the Flood, God told Noah: "Whoever sheds man's blood, By man his blood shall be shed; For in the image of God He made man" (GENESIS 9:6). "If anyone takes a human life," the New Living Translation renders it, "that person’s life will also be taken by human hands. For God made human beings in his own image." Notice that God gave humanity the right and the responsibility to carry out capital punishment. Why? Because, as taught in this verse and all throughout God's Word, human beings are made in the image of God (GENESIS 1:27; 9:6; 1 CORINTHIANS 11:7), making every human life (from the womb to the tomb, as the saying goes) of infinite value and worth. Hence anyone who willfully and maliciously robs another human being of his or her life -- i.e., commits murder -- must make restitution by forfeiting his own. (Self-defense, including defending someone else's life, is usually not considered murder.) It's interesting to note that oftentimes those who oppose capital punishment will at least give lip service to the idea that life is sacred. (I say lip service since many of those same folk support abortion on demand.)

A Deterrent

As mentioned earlier, capital punishment serves as a restraint -- or deterrent -- by removing the murderer from society and by demonstrating to society what will happen to those found guilty of murder. The ability of capital punishment to deter crime is a hotly debated topic, with much statistical evidence cited for both sides of the argument. A major problem has to do with the lack of immediate punishment, as someone convicted of a capital crime spends years on death row as part of the appeals process. Another problem is lack of uniformity, including plea bargain arrangements, hung juries, and high priced attorneys getting cases thrown out on legal technicalities. Of course, none of this should deter the committed Christian from seeking to uphold God's standards regarding capital punishment. And, yes, the Bible does endorse the deterrent effect of capital punishment. To cite but one example:

8 Suppose a case arises in a local court that is too hard for you to decide -- for instance, whether someone is guilty of murder or only of manslaughter, or a difficult lawsuit, or a case involving different kinds of assault. Take such legal cases to the place the LORD your God will choose, 9 and present them to the Levitical priests or the judge on duty at that time. They will hear the case and declare the verdict. 10 You must carry out the verdict they announce and the sentence they prescribe at the place the LORD chooses. You must do exactly what they say. 11 After they have interpreted the law and declared their verdict, the sentence they impose must be fully executed; do not modify it in any way. 12 Anyone arrogant enough to reject the verdict of the judge or of the priest who represents the LORD your God must die. In this way you will purge the evil from Israel. 13 Then everyone else will hear about it and be afraid to act so arrogantly (DEUTERONOMY 17:8-17, NLT).

One source cites a study that indicates the potential if the death penalty were carried out in a much more consistent manner: "[I]f the death penalty were used in a consistent way, it may deter as many as eight murders for every execution carried out. If these numbers are indeed accurate, they demonstrate that capital punishment could be a significant deterrent to crime in American society." [REF] The same source goes on to say: "Certainly capital punishment will not deter all crime. Psychotic and deranged killers, members of the organized crime, and street gangs will no doubt kill whether capital punishment is implemented or not. A person who is irrational or wants to commit a murder will do so regardless of capital punishment. But social statistics as well as logic suggest that rational people will be deterred from murder because capital punishment is part of the criminal code." [REF]

Conclusion

No human system is perfect, and capital punishment is certainly no exception. Rather than throw out the baby with the bath water, however, the glaring imperfections associated with the capital punishment system should serve as a major wakeup call for those who administer it. They should take a long, hard look at it and make any and all needed reforms. In the final analysis, the lawful taking of the life of the person who chooses to unlawfully take another life is necessary if our government is to declare and defend the sanctity of human life. It is also a necessary part of our government's role and responsibility as God's servant for promoting and defending the good.

(Note: While this article focuses on murder as a capital offense, depending on their severity, other crimes may qualify as well.)

SOURCES

(Click on the title for more information.)

Believer's Bible Commentary: Old and New Testaments

The Believer's Study Bible

The IVP Bible Background Commentary: New Testament

The Bible Exposition Commentary

Christian Ethics in Plain Language

Dictionary of Jesus and the Gospels

Dictionary of Paul and His Letters

Greek-English Lexicon of the New Testament: Based on Semantic Domains

Holy Bible, New American Standard