Capital Punishment
Religion & Life ATAR Essay 2017
In society today there are many issues that generate debate and discussion. How people participate in such debates and respond to such issues varies. Often, the difference in views is because of understandings of the issue and because of the way each view sees the world.
Capital punishment is a contemporary moral issue that divides people. Capital punishment, also known as the death penalty, is a legal practice whereby a person is put to death by the state as a punishment for a crime. Generally, only the most terrible murderers are condemned to death, after being proven guilty. However, there are those who believe that some murderers should be put to death, a view held by Christianity, and those that believe that no murderer should ever be put to death, a common view held by secular and humanist groups. When it comes to capital punishment, the issue at hand is the human dignity of the one verses the protection and rights of the many.
Humanists are opposed to capital punishment. They hold that all people have an inherent worth simply because they are human. It follows that all people, even murderers, are entitled to be spared such punishment by the government. Human suffering is still suffering, no matter the past actions of the person in pain. Humanists believe that governments exist not merely to deliver criminal justice, but to protect and defend the lives and rights of everyone. That the death penalty permits the government to become its dictator rather than its protector. They argue that keeping all murderers alive sanctifies the value of human life, and maintains the ethical standing of governments. Life sentence without parole is sufficient to protect the population and show disapproval of murder. There is nothing a person can do to deserve the death penalty, and to support it is seen as revengeful. Many opponents of capital punishment believe that killing murderers is the same as murder. It is argued that an innocent person may be executed, so the death penalty is dangerous. This is taken sincerely but dishonestly, because even when there is absolute proof of the murderer’s guilt, they will still oppose the death penalty. Some views are that only God has the right to take human life – but no scripture has ever made that claim.
Those that agree with the death penalty believe keeping murderers alive cheapens human life, because it belittles murder. Dr William Petit, after his wife and daughters were tortured and killed, stated that, “Death is really the only true just punishment for certain heinous and depraved murders.” It is seen as justice. Society teaches how bad an action is by the punishment it deals out. By keeping every murderer alive, many more people are murdered, such as other prisoners, guards and others in case of early release, than the minute number of people who might be wrongly executed. A majority of people are in favour of capital punishment for certain extreme offences, but still many people would prefer imprisonment. Those who argue for the death penalty on the grounds that at least the killer is removed permanently from society, also have to keep in mind the fact that there is always a possibility that an innocent person may be executed.
The Catholic Fifth Commandment is probably the least well understood of the Ten Commandments. The reason being that the Hebrew original does not say, “Do not kill.” It says, “Do not murder.” The difference is huge. Kill refers to the taking of any life (whether human or animal), the taking human life deliberately or by accident, and the taking a human life legally or illegally, morally or immorally. Murder can only mean one thing: the illegal or immoral taking of a human life. Intent is critical. There is moral killing in self-defence or against an aggressor, and there is immoral killing – known as murder.
Some translations use “kill” because at the time scripture was translated, the English language defined “kill” as identical to “murder.” As a result, people of today think that the Ten Commandments prohibits all killing – even though this assumption makes no sense next to the rest of the Torah, containing the Mosaic Law which specifies 36 transgressions punishable by death (including murder – Genesis 9:6), allows killing in war, prescribes animal sacrifice, and allows eating of meat. God’s law, at least in the past, has allowed for capital punishment. Jesus refocused the people of God on what was important. Jesus could’ve given renewed guidance on the interpretation of the death penalty – he doesn’t. He makes little reference to it.
In fact, the right of state to execute for crimes seems to be accepted and acknowledged. When discussing His fate with Pontius Pilate, on the verge of His own execution, He acknowledges that, not only does Pilate have the authority to execute Him, but that that authority was given by God the Father (John 19:11). There is no passage in the New Testament that disapproves of the death penalty, and doctrine cannot be determined by omission. The early Christians seem to endorse the death penalty, approving of the divine punishment meted out to Ananias and Sapphira (Acts 5:1-11). “A man who has violated the law of Moses dies without mercy at the testimony of two or three witnesses," (Hebrews 10:28). Paul writes that the magistrate enjoys the authority to administer the death penalty and, “Does not bear the sword in vain; for he is the servant of God to execute His wrath on the wrongdoer," (Romans 13:4).
All doctrine must be consistent with, and demonstrable in, the teachings of Jesus. Jesus, however, did not address all possible issues that might arise - He left the Apostles, particularly Peter, with the authority to deal with issues as He might have (Mt 18:18). This establishes the role of tradition in determining doctrine. St Augustine felt that the death penalty was a means of deterring the wicked and protecting the innocent. When dealing with heretics who were seeking reconciliation, Pope Innocent III insisted they accept that "the secular power can, without mortal sin, exercise judgment of blood, provided that it punishes with justice, not out of hatred, with prudence, not precipitation."
The Catholic church is therefore not against the death penalty. Pope Pius XII stated that the Church does not regard the execution of certain criminals as a violation of the right to life: “By his crime, he has already disposed himself of his right to live.” The Catechism written in 1566 stated that just use of the death penalty was an action of obedience to the commandment which prohibits murder. The latest change was made in 1992, stating that, assuming the person has been proven guilty beyond reasonable doubt, the traditional teaching of the Church does not oppose the death penalty, if it is the only way of effectively defending human lives against the aggressor. Pope Francis adds that imprisonment does this adequately, negating the need. Whilst the possibility of judicial error exists, the requirements of the Catechism cannot be met.
The churches position on the death penalty may change, but it has to be theologically consistent with the teachings of Jesus. Doctrinal contributions from the past cannot be ignored, and the church can’t just change because the world has changed in order to keep in step with a modern society. It requires a theological position that does not contradict the arguments that have gone before – from scripture and tradition.
People of today cite translations, that make the kill/murder error, to justify two positions that have no biblical basis: Opposition to capital punishment and pacifism. Regarding capital punishment, the only law that that appears in the Torah states that murderers be put to death. Any argument against capital punishment that cites the commandment, “Do not kill,” is therefore invalid. Most theologians agree that capital punishment is just and should be supported by the church.
Capital punishment is an issue many people avoid discussing – being quite controversial. To the humanist, capital punishment is wrong because all humans have equal worth and to kill a person cheapens human life. If you support it, you are vengeful. To the Christian, or those who support the death penalty, capital punishment is a form of justice, and to keep murderers alive cheapens human life as it belittles murder. The church always refers to tradition and scripture in order to take a stance on an issue, and scripture points to capital punishment as an act of justice – and a power given by God to the state. The church opposes murder – not killing.