Capital Punishment : Is it ever right?

This post I am considering one question only: Is capital punishment ever right.

This may seem a 'no-brainer' given the Biblical texts I have previously cited. However since in Australia and many other Western countries capital punishment is not allowed, regardless of the magnitude or depravity of the crime it cannot be taken for granted. Also the anti capital punishment lobby generally puts the case that it is never justified. For instance from time to time the media reports some comment to the effect: “No community which executes criminals can be called civilised” and similar ideas. So the question does need to be asked and answered.

There is another reason I want to look first at whether execution is ever right: If capital punishment can never be justified then there is nothing more to discuss. One can only say: “Capital punishment is antiquated and barbaric and thankfully human civilisation has grown past it”. If, on the other hand there is conceivably some, no matter how rare, situation in which it would be justified, then a great deal remains to be explored and said.  For instance one can ask: Just how terrible a crime does warrant killing the criminal? What legal safeguards would be required over and above those for imprisonment? and so forth.

We might find that our current distaste for capital punishment is actually rooted in a true feeling that it has often involved failures of “fair trial” and even murder dressed up as lawful execution. These then become important issues in their own right.

We might find that there are other considerations which would make actually executing a criminal exceedingly rare. However all these questions are irrelevant unless we can conceive of a circumstance where executing a criminal would be right.

I have previously quoted from Genesis 9 “ … Whoever sheds the blood of man, by man shall his blood be shed for in the image of God has God made man.”

So immediately we have one circumstance – murder – where for society to execute the murderer is specifically allowed by God.

However I will not at this point say “case proved” because it is not quite as simple as that!

Opponents to capital punishment have generally cited reasons: “retribution is wrong”, “violence begets violence”, “deterrence doesn't work” and so forth. The merits of these do need to be considered. Also the Bible does give reasons for capital punishment. These reasons need to be teased out and considered – something I think has been too much neglected!

Let's look first at some of the reasons the Bible gives for the death sentence in extreme cases.

1. Retribution.

Yes, I did say that bad word: retribution. Current social philosophy and tissue-box Christianity have combined to ridicule this notion almost to extinction. They are wrong, quite wrong!

Retribution is valid: But retribution belongs to God.

So true, we as individuals must turn the other cheek when we feel slighted. We must not seek vengeance for personal wrongs. We must not even begin to think that we can be forgiven our sins by God if we refuse to forgive those who sin against us.

God, on the other hand does not have to forgive! He has the perfect moral right, and the moral prerogative as judge of all the world to exact vengeance. (Yes, and he also has the unquestionable moral right to forgive – because Jesus Christ, God the Son, died for our sins and rose again from the dead)

So, some scripture to back this up:

Genesis 50: 15ff especially v.19: Joseph's brothers are afraid he will avenge himself on them for the terrible wrong they did to him many years earlier, he answers: “Am I in the place of God?” and assures them he will treat them kindly

Read almost any book of the Old Testament and you will come across mention of God punishing nations and individuals.

Before you even think of saying “Oh, but Jesus was different” - No! On the contrary Jesus spoke more about judgement that anyone else! Call to mind his typically blunt warnings such as:

“What does it profit a man to gain the whole world, yet forfeit his soul?”

“If anyone causes one of these little ones who believe in me to sin, it would be better for him to be thrown into the sea with a large millstone tied around his neck.”

“It is better to enter the kingdom of God with one eye than to have two eyes and be thrown into hell.”

The parable of the tenants end with a shocking “He (meaning God) will come and kill those tenants (meaning the religious leaders of Jesus day ...)”

The parable of the unforgiving servant ends: “In anger his master turned him over to the jailers until he should pay back all he owed. This is how my heavenly Father will treat you unless you forgive your brother from your heart.” Which neatly ties together the reason we must forgive after experiencing the enormous magnitude of God's forgiveness towards us; and God's freedom to forgive or to condemn.

The parable of the ten minas ends: “But those enemies of mine who did not want me to be a king over them – bring them here and kill them in front of me.” In an obvious reference to those who opposed Jesus then, and presumably also those who oppose him now.

Jesus said of the people who claim to serve him but do not act in accordance with his commandments: “There will be weeping and gnashing of teeth when you see … in the kingdom of God but you yourselves are thrown out.”

That is just a smattering, skim through the Gospels and you will find plenty more. The point is that Jesus did not trivialise the reality of God's judgement, rather he gave it full strength to give full contrast to the superabundant mercy of God in providing a way of forgiveness through his Son.

Just two of the many passages in this vein in the New Testament letters;

2 Thessalonians 1: 5ff “God is just: He will pay back trouble to those who trouble you … He will punish … they will be punished with everlasting destruction ...”

Hebrews 10: 30ff “For we know him who said: 'It is mine to avenge; I will repay' … it is a dreadful thing to fall into the hands of the living God.”

So: Retribution is just a fact – but – retribution belongs to God.

“proper authorities” govern – whether they acknowledge it or not – as God's agents. No! Not in the propaganda sense of “the divine right of kings” or any nonsense like that; but in the model of shepherds who are there to protect and feed a flock and to work to enable that flock to flourish. That is the Biblical model! (and a story for another day)

“proper authorities” have a delegated function to exercise a little of God's prerogative of administering retributive justice.

So while as individuals we must forgive, as legislators, judges, police and other functionaries of a lawful justice system we have a small role in meting out some of God's judgement on evildoers.

This is a hard concept – well no – it should be blindingly obvious! But we have been blinded by current philosophies to the extent where the obvious has become invisible! Just one quote to set us on the path to recovering a right perspective on this:

Romans 13: “ … the authorities that exist have been established by God … the one in authority … is God's servant to do you good, but if you do wrong, be afraid, for he does not bear the sword for nothing. He is God's servant, an agent of wrath bringing punishment on the wrongdoer.”

So there exist instances where the proper authorities acting in their official capacity need to mete out retributive justice as agents and servants of God. Mostly God's judgement is reserved for the Day of Judgement, but as – Luther I think it was – pointed out, he gives little bits of judgement in advance.

I have also previously quoted from Exodus 21. Here I will put in a larger section, verses 12 – 14.

“Anyone who strikes a man and kills him shall surely be put to death. However if he does not do it intentionally, but God lets it happen, he is to flee to a place I will designate. But If a man schemes and kills another man deliberately, take him away from my altar and put him to death.”

Perhaps us moderns do not realise quite how shocking this provision was in the eyes of the ancients. For a person to cling to the altar of a deity was to claim that deity's protection: few would dare touch them for fear of being guilty of sacrilege. But for murderers, God decrees that there is no divine protection that can be claimed: even the most sacred space cannot harbour them from execution.

So one reason why there can be a death penalty is so that the proper authorities can exercise a role God has given them by having the ultimate sanction (death) as retributive punishment for the worst crimes.

NEXT POST: Deterrence