Well, I seem to have wandered into opinionated territory on my last post, a place that I am glad to be. Rather than respond to all the comments in the comment section of my last post, I thought that it would be easier to address the different questions in new posts. Also, I am grouping the comments into the following subjects, which I will treat in succeeding posts: (1) “Vengeance is mine,” saith the LORD; (2) “Thou shalt not kill” and “God is love”; (3) Cur Lex Talionis? (Or, Why the Law of Retribution?) I think that these three subjects will cover the comments, but if you think that I have missed your point, please let me know because that is not my intention.
(1)
“Vengeance is mine,” saith the LORDThis section is to respond to the following comments. Louie wrote:
…don’t you think that it’s GOD’s judgment in the end that should condemn those who take the lives of other people, rather than man? How many people are put to death on circumstantial evidence each year? Too many…which is why they are trying to do away with capital punishment. There was just a story the other day about how a man was freed from prison because finally he was proven innocent with DNA testing. What if they had put him to death? Ooops…our entire justice system would then be guilty of murder.
My point is…although I recognize that we as humans are stewards of the earth, we tend to judge others “in the name of God.” Let God sort things out in God’s own way.
Kendra agreed, writing:
Accordingly, I have to agree with Louie: God is the judge; humanity is not.
Finally, Don wrote:
For me, the nub of the matter is this: Until you can find a way to correct the wrong inflicted by the state when it executes an innocent man, you cannot in good conscience support the system that pretends no problem exists.
The unifying theme here against the state’s use of capital punishment for murder is that we humans do not have infallible knowledge of who is guilty and who is not, so that while we should imprison such criminals to protect society from them, we should nevertheless avoid execution for fear of executing the innocent. Thus, we should leave judgment to God.
First, I would emphasize that I do indeed feel the weight of this argument. In the context of my original post, I am trying to argue that
in principle the use of the death penalty for murderers is not at odds with a pro-life stance, so I obviously would abhor any executions of the innocent.
Of course, though, it is entirely valid to argue that an argument in principle is one thing, but that the practical application of this particular principle, the death penalty, is another. After all, as Don points out, there is no way to reverse such punishment once carried out.
So, here is my response. First, as I wrote in my first post, “we need to be concerned about the way that we do this (e.g., making sure that capital punishment is equitably sentenced in terms of race, religion, class, etc…, and making sure that we are indeed executing only the guilty).” I am in complete favor of high requirements for sentencing in murder cases to ensure that only the guilty are punished. We should certainly use DNA evidence to whatever degree that we can, and we should take whatever steps possible to ensure that the poor accused of murder get as much of a chance to defend themselves as possible so that there is not inequity in defense between the poor and the rich. (I am not so utopian to believe that this inequity can be abolished completely, but I do know that there are horror stories of public defenders provided to the poor.)
Still, in the end, I believe that God has ordained governments for the purpose of (among other things, of course) establishing justice in the state/nation/empire. God does indeed insist that we, as individuals, are to refrain from taking vengeance upon another person who has wronged us, saying, “Vengeance is mine, and recompense” (Deut. 32:35). Furthermore, when Paul quotes Deuteronomy in Romans 12, he says, “Beloved, never avenge yourselves, but leave it to the wrath of God, for it is written, ‘Vengeance is mine, I will repay, says the Lord.’”
Taken alone, this would seem to be an open-and-shut case against the death penalty, as though Paul were suggesting that no one, in any circumstance, should ever take vengeance; however, only five verses later, Paul describes the state as God’s “avenger” (same root word in Greek):
Rom. 13:1Let every person be subject to the governing authorities. For there is no authority except from God, and those that exist have been instituted by God. 2Therefore whoever resists the authorities resists what God has appointed, and those who resist will incur judgment. 3For rulers are not a terror to good conduct, but to bad. Would you have no fear of the one who is in authority? Then do what is good, and you will receive his approval, 4for he is God’s servant for your good. But if you do wrong, be afraid, for he does not bear the sword in vain. For he is the servant of God, an avenger who carries out God’s wrath on the wrongdoer.
I think, therefore, that the point of the entire passage in context is that (1) individuals are forbidden from taking vengeance (i.e., I cannot take vengeance upon you if you kill a friend or family member); (2) the reason for (1) is that God has claimed all vengeance to be rightfully his; however, (3) God has delegated to the state the responsibility of avenging wrongdoing. So, in a murder case, I would infer that God has charged the state with the responsibility of avenging murderers, even if he has also charged the state with doing everything humanly possible to ensure that only the “wrongdoers” are punished–the good should never have anything to fear.
Does this ensure that no innocent person will ever be executed? No, it obviously doesn’t, because we are finite human beings, and we live in a fallen world. Nevertheless, I do not think that the proper response is to refuse to execute anyone. Instead, I would like to reframe the debate a little bit: what about justice? To abrogate all responsibility to impose capital punishment on murderers is to settle for
vast injustice if God has indeed commanded the state to act as his avenger against wrongdoers, no matter what evil you might be trying to correct by eschewing capital punishment.
I think, then, that we must do two things: (1) acknowledge the state’s responsibility to execute murderers who have destroyed God’s image-bearers; and (2) acknowledge that errors are to be avoided at all costs (that is, all costs short of instituting mass injustice).
Now, this is not complete, and I have assumed many things which I will address in the next two posts, but this is a start. (Specifically, I have avoided giving a biblical defense for the use of capital punishment at all, but I will cover that in the next post.) This is a serious topic, and it would be the height of foolishness to think that we could solve it quickly, or even that we could solve it definitively at all in such a limited medium; nevertheless, it is good to think through these issues. Thanks again for your comments, and feel free to add your comments to this post.