Capital Punishment
Capital Punishment
Capital punishment or the infamous death penalty is a subject
of much controversy in modern times.
Capital punishment is punishment by death.
Treason, murder, kidnapping, and criminal attack may be punished by death,
as prescribed by Federal laws of the United States.
The death penalty is reserved for only a small number of convicted first degree or aggravated murderers whose crimes are so heinous as to shock the conscience of the community, such as murder by torture or murder of a law enforcement officer.
"Today, there
are more than 3,000 people on death row. Executions -- by hanging,
electrocution, lethal injection, and even by firing squad -- have become almost
commonplace. Regardless of which method is used, the death penalty is a barbaric
anachronism and should be abolished."
ACLU: http://www.aclu.org/issues/death/isdp.html
In the U.S.,
majority public opinion has demanded that condemned persons be executed by these
so-called merciful methods. A majority of states and the Federal law of America recognize the death penalty.
"The
death penalty, outlawed in most of Europe, Canada, Australia, and most other
countries in the world, is still practiced in almost forty states, and currently
enjoys broad public support. This was not always the case. In the 60's and 70's,
a bare majority of Americans favored capital punishment. But mounting fear of
crime, and the cynical manipulation of the death penalty issue by many
politicians for their own political gain, led to a shift upwards."
ACLU: http://www.aclu.org/issues/death/isdp.html
Punishment in the Early Hebrew Bible
In the early books of the Old Testament, one finds standardized views of punishment and death. Ancient Hebrews lacked any pre-conceived ideas of an immortal soul living a complete and vital life post-death. Ideas of resurrection or return from death were non-existent. Death was the end of one's life. According to scripture, human beings, similar to the beasts of the field, are made "from the dust of the ground," and at death " to dust you shall return." (Gen 2:7; 3:19). The Hebrew word "nephesh," translated "living soul" but more often understood as "living creature," is the same word used for all creatures and implying nothing immortal. According to Psalms 115:17, the dead go down into "silence" and they do not share, as do the living, in praising God. Psalms 146:4 reiterates Genesis 2:7 stating "when their breath departs, they return to the earth; on that very day their plans perish." Death is designated as a 'dead end road'. As Job states: "But mortals die, and are laid low; humans expire, and where are they? As waters fail from a lake, and a river wastes away and dries up, so mortals lie down and do not rise again; until the heavens are no more, they will not awake, or be roused out of their sleep" (Job 14:10-12). In the beginning of man, Genesis 4:10, the Lord said, after Cain murdered his brother Able, "What have you done? Listen; your brother's blood is crying out to me from the ground!" Clearly this illustrates God's displeasure with the act of murder. God cursed him from the ground. Cain questioned God as to his fugitive state saying in Genesis 4:14-15, "I shall be a fugitive and a wanderer on the earth, and anyone who meets me may kill me." Then the Lord said to him, "Not so! Whoever kills Cain will suffer a sevenfold vengeance." And the Lord put a mark on Cain, so that no one who came upon him would kill him." God did not kill Cain but punished him by a curse of the soil and banishing him from His presence. God also prevented Cain's capital punishment. Somehow in ancient times, this matter seemed to be overlooked or misunderstood. In Leviticus 24:19-20, it is intimated a vengeance return of the same: harm for harm. "Anyone who maims another shall suffer the same injury in return: fracture for fracture, eye for eye, tooth for tooth; the injury inflicted is the injury to be suffered." Could this mindset have been established by the narrow 'dust' understanding of the essence of man, placing priority on the flesh rather than the spirit? It appears that the "no pity" attitude expressed in Deuteronomy 19:21 is an echo of the passage in Leviticus 24.
Arguments - Pro and Con
There have been a number of arguments both for and against the death penalty. Those in favor of the death penalty believe it to be the most efficient attempt to repress murder altogether. If there are serious consequences, such as losing your life, a majority of criminals will most likely think before they act. According to Federal statistics, 67.9% of those sentenced to death for crimes of murder, have a prior history of felony convictions, over 9% have at least one previous homicide conviction. With the death penalty, people believe we can rid society of these viscous and repetitive criminals. Thus, capital punishment can ensure a higher degree of safety in American societies. Most who agree with capital punishment follow the old Bible teaching, “An eye for an eye, a tooth for a tooth, and a life for a life.” They believe that anyone who takes another’s life deserves to have their life taken away. Why has society, if even a minority, reverted to the ancient philosophy regarding punishment? A central principle of a just society is that every person has the right to “life, liberty, and the pursuit of happiness” (United States Bill of Rights). Within that framework, an argument for capital punishment can be formulated along the following lines: some acts are so vile and so destructive of community that they invalidate the right of the perpetrator to membership and even to life.
Does the government have a right to kill? The majority of the United States population does not seem to think so. Most people in this category label the death penalty as just another form of murder. What truly is the difference between the state killing and an individual killing? The end result is the same…one more body, one more set of grieving parents, one more cemetery slot. This is the basis of people’s arguments against the death penalty. It is believed that every time we execute someone, we as a society sink to the same level as the common killer. The "culture of death" has hearts stained by death, and until capital punishment is expunged from our mind-set, we will never become a nation respectful of life. Most of the nation believes the death penalty to be cruel and unusual. For one, it is believed to be torture to keep someone locked up when they know they are waiting to be killed. The methods of executing people have also been found to be excessively cruel. It often takes ten minutes or more to die in the electric chair, for instance. The only method that is not known to be painful and drawn out is lethal injection, about which we know very little at all.
"As I understand the current discussion about capital punishment, the question is not whether the State still has the right to inflict capital punishment, but whether it should exercise this right. In present circumstances, are there sufficient reasons to justify the infliction of the evil of death on another human person?"
Cardinal Joseph Bernardin
The most compelling arguments against capital punishment can be made on the basis of its actual administration in our society. There is always a possibility of error. An innocent person could be put to death. Capital punishment is also said to be unfairly administered. It is most commonly inflicted disproportionately on the poor and minorities. The claim that the threat of capital punishment reduces violent crime is found to be inconclusive also. One of the strongest arguments right now against capital punishment is that we are too incompetent to carry it out. That incompetence becomes another injustice. Others believe that it is unfair to hold the criminals fully accountable for their wrongdoing. Persons who commit crimes have often suffered from neglect, emotional trauma, violence, cruelty, abandonment, lack of love, and a host of destructive social conditions.
Christian Teaching
Christianity teaches against the brutalities of capital punishment.
Christian love is persistent in seeking the good of others regardless of whether they return the favor or even deserve to be treated well on the basis of their own incessant wrongdoing.
If Christians truly follow the "Way", punishment dealt to criminals
would definitely not strive by the philosophy “an eye for an eye, a tooth for a tooth, and a life for a life.”
Jesus is eloquent in His choice of words in Matthew 5:38, "You
have heard that it was said, ' An eye for an eye and a tooth for a tooth.'
But I say to you, Do not resist an evil doer. But if anyone strikes you on
the cheek, turn the other also; and if anyone wants to sue you and take
your coat, give your cloak as well; and if anyone forces you to go one
mile, go also the second mile. Give to everyone who begs from you, and do
not refuse anyone who wants to borrow from you."
In this statement, Jesus sets us free from vengeance and hatred for those who
inflict harm or burden. Jesus clarifies and builds on the Father's
foundational teaching, wherein God put a mark on Cain, disallowing him to be
executed by others in the book of Genesis with the words that follow.
Jesus says, "You have heard it
was said, 'You shall love your neighbor and hate your enemy.' But I say to
you, love your enemies and pray for those who persecute you, so that you may be
children of your Father in heaven; for he makes his sun rise on the evil and on
the good, and sends rain on the righteous and on the unrighteous." (Matthew
5:43-45).... "Be
perfect, therefore, as your Heavenly Father is perfect." (Matthew 5:48).
This philosophy is more clear from Christ's teachings than
in Genesis. Jesus contradicts the peoples' edicts of the past and
restructures them in truth. Most Christians believe in restraining those who show no respect for human life so that they will not further endanger members of the community.
"There
will be no lasting peace either in the heart of individuals or in social customs
until death is outlawed."
Albert Camus, Reflections on the Guillotine,
ACLU, http://www.aclu.org/issues/death/isdp.html.
The aim of isolation would be reconciliation and not revenge.
"Another challenging gospel theme is that of "God's boundless love for every person, regardless of human merit or worthiness. This love was especially visible in Jesus' ministry to outcasts, in his acceptance of sinners" (Florida church leaders). Consistent with this theme and flowing from it is the biblical imperative of reconciliation. Wherever there is division between persons, Christ calls them to forgiveness and reconciliation.
While these themes are specifically grounded in the New Testament, I do not believe they are unique to the Christian vision. People of good will recognize that these values ennoble human experience and make it more complete. Commitment to these values changes one's perspective on the strengths and weaknesses of the human family.
This change in perspective seems to have been in mind when the ecumenical leaders of Florida stated that Jesus shifted the locus of judgment in this matter to a higher court: a court where there is absolute knowledge of the evidence, of good deeds and of evil, of faith and of works of faith, of things private and things public—a court in which there is both wrath and tenderness, both law and grace.
It is when we stand in this perspective of a "higher court"—that of God's judgment seat—and a more noble view of the human person, that we seriously question the appropriateness of capital punishment. We ask ourselves: Is the human family made more complete—is human personhood made more loving—in a society which demands life for life, eye for eye, tooth for tooth?"
Cardinal Joseph Bernardin
See http://www.catholic.org/pfl/magisterium/bernardincappunishmt.html
"An eye for an eye--and everyone is blind." Ghandi
There are many different perspectives pertaining to the issue of capital punishment. It has definitely become a very controversial issue of our times. Some believe the death penalty to be the most efficient method of punishment. It helps in securing the innocent from the dangers of viscous criminals. Some individuals believe It can also lessen the crime rates in our world today. If there are serious consequences, such as death, for committing a brutal crime, criminals will most likely think before they act. Although the death penalty can be very beneficial in protecting the innocent of society, the majority of Americans greatly disapprove of capital punishment. Most believe it to be just another form of murder. Most conclude the present practice of capital punishment as a moral disgrace. "This is my commandment, that you love one another as I have loved you. No one has greater love than this, to lay down one's life for one's friends." (John 15:12-13). This is the exact opposite of capital punishment. It is said that massive incarceration indicates the bankruptcy of social wisdom and social will. Do we have the right to kill those who kill or is this act just another form of murder? This remains the center of controversy pertaining to the issue of capital punishment.
"...because I live you will also live."
(John 14:19)
Joe Walker 1999
Loyola Marymount University