Capital Punishment

 Note: Much of the material used here is taken from Norman Geisler's book Christian Ethics
  1. Three Prominent Views
    1. Rehabilitation
      1. Biblical Arguments
        1. Ez. 18:23

          2. God's desire is to cure the sinner, not kill him. He wants men to turn from their ways, not be terminated.

        2. Matt. 5:38-39

          3. Capital punishment was abolished with the rest of the law. We are not to "resist an evil person."

        3. John 8:11

          4. Jesus did not follow the law in stoning the woman.

        4. Gen. 4

          5. God did not execute Cain when he killed his brother. Rather, he set a mark on him and protected him from other men.

        5. Mosaic capital punishment was for 21 different crimes and is not practiced or advocated today

          6. These laws were not just for capital crimes, but also for some ceremonial issues and things like "breaking the Sabbath."

        6. David as an example

          7. David committed two "crimes" that were worthy of death according to the Mosaic law. However, David was spared.

        7. New Testament love supercedes Old Testament capital punishment
        8. Christ death took the punishment for all men
      2. Moral Arguments
        1. Unjustly applied
        2. Not a deterrent
        3. Cruel and unusual punishment
        4. We are to cure, not kill
        5. Sends unbelievers to hell
    2. Reconstruction
      1. Definition
        1. Wants to place government under the same prescriptions as Israel; i.e. live under the Mosaic law
        2. Of the 21 offenses that resulted in capital punishment in the Old Testament, all would be valid except for two (drunkenness by a priest and unanointed people touching the holy furnishings)
        3. Reconstructionists believe that the OT ceremonial laws relating to the priesthood and temple have been abolished
      2. Arguments for their position
        1. God's law reflects His unchanging character
        2. The NT repeats the ten commandments
        3. The Old Testament was the Bible of the early church
        4. Jesus did not come to abolish the law
        5. Capital punishment is repeated in the New Testament
    3. Retribution
      1. Definition
        1. Capital punishment is legitimate for capital crimes
        2. Purpose for capital punishment is punitive, not rehabilitative
        3. Governments are not and should not be bound by the Mosaic law
        4. The principle of Lex Talionis ("a life for a life") is tied to the creation order, not to the theocracy
      2. Arguments For Retribution
        1. Implied in the constitution of man in the fact that man is created in the image of God
        2. Cain expected capital punishment (4:10, 14)
        3. God gave the authority to use capital punishment in both the OT and NT (Gen. 9:6; Rom. 13)
        4. Capital punishment was incorporated into the Mosaic law (Ex. 21)
  2. Critique of the Views
    1. Rehabilitation
      1. Biblical Arguments
        1. Ez. 18:23

          2. This verse has nothing to do with capital punishment. Yes, God wants the wicked to turn from his sinful ways. However, this does not mean that we are to let crimes, sins, etc. go unpunished in hopes that the person will repent. It could be argued that by using capital punishment we cause other wicked people to turn from the error of their way.

        2. Matt. 5:38-39

          3. The Mosaic law was done away with or abolished by Christ. However, that does not mean that all laws are done away with. Following this logic, not only should capital punishment be done away with, but so should murder itself.

          Actually, Christ did away with the Mosaic law, but not the right of governments to establish laws, even laws dealing with capital punishment. In Romans 13 God gives to the government the power to "wield the sword."

          In the Sermon on the Mount, Jesus is distinguishing between personal vengeance and societal retribution. Vengeance is the Lord's, not the individuals. However, God has delegated some of His vengeance to society through the government.

        3. John 8:11

          4. As the chief lawgiver, Christ has that prerogative. Also, just because a government has the right of capital punishment, does not mean that it must use that option in every instance. The right to do something does not demand that is must be done.

          This was not a capital crime. Thus, it only shows that the Mosaic law requiring death for non-capital crimes had been abolished, not necessarily for capital crimes.

        4. Gen. 4

          5. This is probably a special case. First, who would carry out the punishment? Governments had not yet been established. It would have required a family member, most likely his parents, to execute the sentence. Thus, God, who is the author of life has the right to pardon or forgive in this instance.

        5. Mosaic capital punishment was for 21 different crimes and is not practiced or advocated today
          1. Murder (Ex. 21:12)
          2. Contemptuous act against a judge (Deut. 17:12)
          3. Causing a miscarriage (Ex. 21:22-25)
          4. False testimony in a potentially capital crime (Deut. 19:16-19)
          5. Negligence by the owner of an ox that kills people (Ex. 21:29)
          6. Idolatry (Ex. 22:20)
          7. Blasphemy (Lev. 24:15-16)
          8. Witchcraft or sorcery (Ex. 22:18)
          9. False prophecy (Deut. 18:20)
          10. Apostasy (Lev. 20:2)
          11. Breaking the Sabbath (Ex. 31:14)
          12. Homosexuality
          13. Bestiality (Lev. 20:15-16)
          14. Adultery (Lev. 20:10)
          15. Rape (Deut. 22:25)
          16. Incest (Lev. 20:11)
          17. Cursing parents (Deut. 5:16)
          18. Rebellion by children (Ex. 21:15, 17)
          19. Kidnapping (Ex. 21:16)
          20. Drunkenness by a priest (Lev. 10:8-9)
          21. Unanointed people touching the holy furnishings in the temple (Nu. 4:15)

          Just because we do not follow every use of capital punishment under the Mosaic Law, does not mean that we are not under some of the obligations. It is possible that the new economy overlaps some with the old economy.

        6. David as an example

          7. Again, just because a government has the right to practice capital punishment does not mean that it must do so in every case. This is an example of God's mercy to a repentant man.

        7. New Testament love supercedes Old Testament capital punishment

          8. If this were the case, then even Jesus' death would not have been necessary. In fact, it is the idea of "a life for a life" that made the sacrificial death of Christ necessary. Ultimately, capital punishment elevates the value of life, not degrades it.

          We are not only to love the criminal, but also the rest of people in society. The best way to protect them and give them an orderly society is to use capital punishment. Capital punishment flows from a love for men and life.

        8. Christ death took the punishment for all men

        Jesus took the spiritual punishment for sin, but not necessarily the physical, social, or mental consequences of sin. When He died in our place, He suffered for the spiritual consequences of our sin. If He had suffered for all of the other consequences, then physical death would have also been abolished.

      2. Moral Arguments
        1. Unjustly applied

          2. Just because it is unjustly applied does not mean that we do away with the law. It means that we should work to apply it justly, not do away with it altogether. Consider the NHL where there are few, if any blacks. Should we do away with the league because of this? Or, should we first see if the lack of blacks is due to discrimination or some other cause? Then, if it is because of discrimination, we shouldn't disband the league but address the discrimination. So, too, with capital punishment. We need to see first if the law is applied unjustly. It may be that it is not. Then, if it is, then we need to address the discrimination, not the law itself.

        2. Not a deterrent

          3. As Christians, we do not believe in capital punishment for utilitarian reasons such as, it deters crime. We believe in it because God has prescribed it.

          However, even if it does not deter crime in society, it at least deters that individual from repeating his crime.

        3. Cruel and unusual punishment

          4. A life for a life is not cruel or unusual. Often, we do not execute criminals with the same degree of torture with which they murdered their victims. Cruel and unusual would be to delve out more punishment than the crime required.

        4. We are to cure, not kill

          5. It is not the government's job to cure or rehabilitate. The government's job is to protect its citizens from harm, not cure those who may be sick. Most of the murderers are not sick, they are just plain wicked. There is a difference.

        5. Sends unbelievers to hell

      Unbelief sends a person to hell, not capital punishment.

    2. Reconstructionism
      1. God's law reflects His unchanging character

        2. This is true. This does not mean, however, that the expression of His character in the law may not change over time. There are some laws that are not necessarily the expression of God's character.

        Capital punishment for capital crimes is rooted in the moral character of God. Capital punishment for non-capital crimes is not rooted in the moral character of God, but more for society's unique purposes. For example, different schools have different rules based on their unique situations. Each government can have its own laws based on its unique situation.

      2. The NT repeats the ten commandments

        3. It actually repeats nine of the ten. However, the punishment for violating these laws may be different.

      3. The Old Testament was the Bible of the early church

        4. The OT is for the church, but not to the church. It contains examples for us, but not prescriptions for us.

      4. Jesus did not come to abolish the law

        5. Jesus did fulfill the law and part of that fulfillment was to make the Mosaic Law inoperative. The disciples set much of the Mosaic Law aside as they began the church (i.e. food regulations)

      5. Capital punishment is repeated in the New Testament

      This means that capital punishment for capital crimes is still in effect. It does not mean that capital punishment for non-capital crimes is still in effect.

    3. Retributionism
      1. This is the most biblical of the views
      2. It is based on a high view of man
        1. It gives dignity to the life of the victim(s)
        2. It treats the criminal as a human that should have known better rather than an animal who couldn't help himself
      3. It has a correct view of justice
        1. Punitive, not rehabilitative
        2. Governmental justice (not personal) requires "an eye for an eye, tooth for a tooth"
      4. It deters crime
        1. Definitely prevents the criminal from committing any more murders
        2. Probably prevents society if it is administered justly and swiftly
      5. Follows scriptural admonitions for government