Biblical thoughts on the Death Penalty
Two recent events have got me thinking about the issue of capital punishment recently.
The first was the rousing ovation that Texas Governor Rick Perry received during the Republican debate a few weeks ago after stating that he had zero reservations about the hundreds of people executed during his tenure as Governor (which I found very disturbing).
The second is the controversy surrounding Troy Davis, who is set to be executed in my birth-state of Georgia this evening, which I was discussing with friends on Facebook this morning. The controversy has arisen as a result of multiple witnesses changing their testimony and there being no other physical evidence of Davis’ guilt.
In both instances, Christians have been divided on the issue–some praising capital punishment as the God-ordained right of a government to punish those guilty of the most heinous crime with ultimate temporal justice, and others pointing to Jesus’ own teachings on the need to “turn the other cheek” and “pray for those who persecute you” as in essence overturning the whole concept of capital punishment.
I confess, I find myself somewhere in the middle on this issue.
Firstly, I do not believe that Jesus anywhere overturned any spiritual truth contained in the Hebrew Scriptures (or “Old Testament”, as most Christians refer to it). Jesus came to FULFILL Torah, but not by ABOLISHING it:
“Do not think that I have come to abolish the law or the prophets; I have come not to abolish but to fulfill.” (Mat 5:17 NRSV)
So the Christian must take VERY seriously the purposes and teachings of the Hebrew Bible, even though as a Covenant it was completed by Jesus at His death and Resurrection. With Pentacost, the Mosaic Covenant ceased to be binding on God’s people as it came to its God-ordained completion and the New Covenant, marked by the giving of the Holy Spirit upon all God’s people, was inaugurated:
“The days are surely coming, says the LORD, when I will make a new covenant with the house of Israel and the house of Judah. It will not be like the covenant that I made with their ancestors when I took them by the hand to bring them out of the land of Egypt– a covenant that they broke, though I was their husband, says the LORD. But this is the covenant that I will make with the house of Israel after those days, says the LORD: I will put my law within them, and I will write it on their hearts; and I will be their God, and they shall be my people.”
(Jer 31:31-33 NRSV)
Peter himself declares this to be the case in Acts 2, and the entire New Testament (which literally means “New Covenant”) is testimony to the fact that we live no under the Covenant of Sinai, but under the Covenant of Golgotha.
[For more on this basic fact of Christian theology, see my video: “Do Christians Keep the Ten Commandments?” which can be viewed HERE.]
However, everywhere in the New Testament, the Apostles and even Jesus Himself appeal to the Hebrew Scriptures as reflecting the nature and character of God, and cite it authoritatively even to those who were never under its Covenant (i.e. Romans, Galatians, etc.). The message is clear: We learn of God’s nature primarily through His self-revelation to His people in Scripture…and for the earliest Christians, that Scripture consisted only of the Old Testament.
Therefore, contrary to some claims by anti-death-penalty Christians, it is not callousness, bloodlust, or hatred that leads pro-death-penalty Christians to uphold capital punishment. Often, it stems from a desire to take God’s self-revelation through His Scriptures very seriously (without, as the common charge goes, taking it completely literally).
Jesus Himself upheld the nature of God and His Word to His people through upholding the Old Testament during His life. In fact, Jesus’ teachings pushed past the outward, surfacey, lip-service adherence to Torah that many of his contemporaries had adopted and called Israel back to observing the HEART of the Old Testament’s teachings. Jesus rightly recognized that the Spirit who Inspired the Old Testament was the same Spirit who was soon to be poured out on the New Covenant Israel–both Jews and Gentiles united in Jesus as Messiah–and He was preparing His people to live out the intention of Torah by placing it, as Jeremiah and Ezekiel and Joel had foretold, in their hearts and minds rather than on tablets of stone kept in a sanctuary ark.
Thus, nowhere do we find Jesus repudiating the Old Testament concept of the death penalty.
The most common passage used to argue that Jesus overturned the death penalty is John 8’s account of the woman caught in adultery, as popular Christian author/speaker Shane Claiborne recently did. However, there are a number of reasons NOT to see this as such:
First of all, and most importantly, the entire episode was NOT originally part of the Gospel of John. This always comes as a surprise, and to many a shock, when I teach on it in Bible for the Rest of Us!
But go ahead, read the footnote in your Bible regarding John 7:53-8:11. Even conservative and Evangelical scholars readily recognize that this passage is not part of the Gospel. For instance, the translator note on this passage in the NET Bible alerts the reader to this fact:
“This entire section, 7:53–8:11, traditionally known as the pericope adulterae, is not contained in the earliest and best MSS and was almost certainly not an original part of the Gospel of John. Among modern commentators and textual critics, it is a foregone conclusion that the section is not original but represents a later addition to the text of the Gospel.”
So it is not legitimate theologically to build a doctrine based largely upon a passage of Scripture that is not, in fact, a passage of Scripture.
Secondly, even if John 8’s account of Jesus rescuing a condemned adulteress from the death penalty WERE Scripture, it still does not overturn the death penalty under Torah…precisely because the entire “trial” of the woman was a blatant violation of Torah itself! Here’s why:
1) According to Torah, in order for adultery to be punished, BOTH parties had to be present and on trial (Lev. 20:10)…yet in John 8, only the woman in brought to Jesus. There is no mention of the man whatsoever.
2) According to Torah, capital cases had to be tried by an official Judge of Israel (Deut. 25:1). This was a mob of religious laypersons bringing an accused person before an itinerant prophet/teacher. Nothing under Torah would allow such a “trial” to be valid.
3) Under Torah, a person could not be put to death except on the EYEWITNESS testimony of AT LEAST TWO WITNESSES (Num. 35:30, Deut. 17:6). Furthermore, witnesses in capital cases were liable to be punished with the same penalty the accused was being tried for if they were found to be lying. This is what the Commandment “You shall not bear false witness” actually means (rather than a blanket prohibition on lying in general). And under Torah, such eyewitnesses were to take an active part in administering the death penalty by ceremonially casting the first stone (Deut. 17:7). The fact that in this story all of the accuser dropped their stones and walked away shows that none of them bothered to press Jesus on the issue because none of them were in fact willing to stake their life on upholding Torah law.
However, I must again stress the fact that this entire account is NOT part of Scripture, and therefore we cannot read into it much detail either way.
The other line of argument Christians who oppose the death penalty take is to quote Jesus’ words in the Sermon on the Mount:
“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 evildoer. But if anyone strikes you on the right 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.”
(Mat 5:38-41 NRSV)
This is argued as clear proof that Jesus overturned the “eye for an eye” law of Torah (Exod. 21:23-24; Lev. 24:19-20; Deut.19:21). However, this is not an iron-clad prooftext by any means.
The main reason is that Jesus is speaking about PERSONAL reaction to PERSONAL provocation or oppression by others. He is not speaking about the role of Israel’s government in administering Torah; He is speaking to Jews who are living under Roman occupation and suffer daily harassment and provocation, which leads to in-fighting, a vengeance mindset and all personal/family pride within an honor-and-shame society such as 1st century Palestine in fact was. At that time (and throughout history!) people would justify using all manner of retaliation against their enemies by appealing to the Lex Talionis (Law of retaliation, i.e. “eye for eye”) found in Torah…totally ignoring the fact that Torah’s “eye for eye” law was put there to LIMIT retaliation and CURB acts of vengeance. In the rest of the ancient Near East, it wasn’t “eye for eye”; it was “life for eye”! In other words, if you injure or insult me, I kill you and possibly your family! In its original context, “eye for eye” was put in place to keep Israel from being a retaliatory, vengeance-based culture.
In fact, according to Torah, the primary purpose of the death penalty was prevention, not retaliation. Over and over we read that Israel was to use the death penalty (justly and never without 2 or more witnesses who staked their own lives on their testimony!) to demonstrate the seriousness of capital crimes, particularly premeditated murder (manslaughter did not carry a capital sentence) and to serve as a reminder that life is SO PRECIOUS that only God has the right to take it…and God authorized the government of Israel to act as His agent in carrying it out. And in his letter to the Roman Christians, Paul seems to imply (if not directly state!) that this is also a function God has granted even to pagan governments, so long as they are using it justly:
“…rulers are not a terror to good conduct, but to bad. Do you wish to have no fear of the authority? Then do what is good, and you will receive its approval; for it is God’s servant for your good. But if you do what is wrong, you should be afraid, for the authority does not bear the sword in vain! It is the servant of God to execute wrath on the wrongdoer.
Therefore one must be subject, not only because of wrath but also because of conscience. For the same reason you also pay taxes, for the authorities are God’s servants, busy with this very thing. Pay to all what is due them– taxes to whom taxes are due, revenue to whom revenue is due, respect to whom respect is due, honor to whom honor is due. Owe no one anything, except to love one another; for the one who loves another has fulfilled the law.”
(Rom 13:3-8 NRSV)
This is why, according to Scripture, one cannot properly call capital punishment “murder.” The word “murder” is never used to describe capital punishment in the Bible. Thus modern Christians who oppose the death penalty for whatever reason should not give in to the temptation to deem all capital punishment as “murder”, no matter how rhetorically effective it may seem.
In fact, many Christians who support the death penalty in theory do so PRECISELY BECAUSE they believe in the sanctity of life. They point back to Genesis, back before Torah was even given, before there were even such a people as the Israelites, before Abraham was ever born…to the time of Noah. God flat-out declared:
“For your own lifeblood I will surely require a reckoning: from every animal I will require it and from human beings, each one for the blood of another, I will require a reckoning for human life.
Whoever sheds the blood of a human,
by a human shall that person’s blood be shed;
for in his own image God made humankind.And you, be fruitful and multiply, abound on the earth and multiply in it.””
(Gen 9:5-7 NRSV)
This is the very first mention of capital punishment in all of Scripture…and it comes at God’s command as a sign of how sacred and valued all human life is to be seen as.
In theory, the death penalty is God’s idea.
However…
I say all of this fully realizing that our society does not uphold the standards by which God originally intended capital punishment to be carried out. Torah ABHORS the idea of false witnesses, lack of eyewitness testimony, and corrupt or inept Judicial systems when it human life is on the line. God Himself takes “no pleasure in the death of the wicked”…yet all too often proponents of capital punishment seem to delight in it!
In our society you never hear of rich, famous, or powerful people receiving the death penalty. It is neither consistent or fair in how it is applied.
Furthermore, it is “sanitized” so that it becomes nothing more than a “medical procedure” that is done behind closed doors. A “problem” is swept away out of sight of all except a handful of witnesses. This is a far cry from any Biblical concept of capital punishment as having the purpose of acting as a deterrent to a watching society. Capital punishment is a HORRIBLE thing. It is ALWAYS a tragedy. It is NEVER supposed to be cheap, clean, or emotionally-uninvested.
I have a feeling if capital punishment (as well as abortion!) were witnessed by more people in society, it would have FAR fewer supporters.
As mentioned before, with the arrival of the New Covenant, things did change in many respects. Thus, I can recognize that Spirit-filled followers of Jesus could oppose capital punishment altogether, and I respect their position. I am somewhat persuaded by the argument that restoration and reconciliation are what we should strive for at all costs.
But unlike many opponents of the death penalty, I cannot outright entirely condemn a practice that God Himself instituted, both before and under the Covenant at Sinai, and I reject sloppy Biblical interpretations that pit Jesus against the Hebrew Scriptures He upheld until His death and saw Himself as bringing to fulfillment. Jesus is “the Word made flesh”…thus we do Him a severe disservice when we suggest that He offers a “more Godly” teaching than what God Himself set forth for His People under the prior Covenant. The Old Testament may contain things that we have a hard time reconciling as Godly and in harmony with the message of Jesus…but Jesus Himself never hinted at having such difficulties Himself. Thus, we must remain very humble in how we approach the Old Testament. It is every bit as Inspired as any New Testament teaching, even the stuff printed in red letters!
In short, I see the purpose–the Biblical and Godly purpose–of the death penalty in a society…but I do not see any society, especially our American one, that practices it in a way that measures up to its intended standards of justice. Therefore, I oppose it in practice under our current system. And until our system is completely reformed, the death penalty is not a valid option.
All other arguments based on logistics, economic concerns or victims’ rights, while they may be compelling in many respects, must take a back seat to the issue of justice for the accused when life and death are at stake.
In cases of the death penalty, we can’t afford to get it wrong.
Yet as history has shown, sadly, we have gotten it wrong time and time again.
I welcome readers’ thoughts in the comments section below. Feel free to share, discuss, challenge or critique me on this. As I said at the outset, I’m not completely settled on the issue. I’m merely voicing where I stand in light of what I find in Scripture and what I see in our society.
JM
Categories: Biblical Theology, Blog, Political/Social issues, Theological issues
While I admire your biblical knowledge and care in explaining your view, I stand opposed to capital punishment whether in this system or any other today. And I also stand opposed to your implication that maybe today, Jesus might approve. I without question stand opposed to the thought of Troy Davis in particular being executed today, simply because of the lack of evidence! (Regardless of what system is in place). I also cringe when anyone starts quoting that certain scripture is “almost certainly” not an original part of the Gospel. I said I cringe, not necessarily disagree. (I’d have to do more personal research). I personally LOVE that scripture and will continue to use it in sermons, because it clearly represents the heart of Jesus (evident throughout other biblical scriptures) and I see no reason why ANYONE should question its validity for making points about Jesus’ teachings.
Anyone can even use NON-BIBLICAL quotes that would certainly represent Jesus’ teachings perfectly, I think pulling a “one-up” card on layman readers in particular, makes them feel inadequate & less sure about what is scripture and what isn’t, instead of pointing out the heart and intent of Jesus’s teachings, which are always consistent.
In that instance, I believe your “knowledge” puffed you up, instead of your love allowing you to “build” up God’s total view on this subject.
Lastly, God did initiate capital punishment, but Jesus and all accounts of the first century Christians would not agree that there are instances today where it is justified. I am admittedly emotional today, cuz I’m TIRED of black & brown people getting executed in this country & no matter how many people object, this system shows NO MERCY! It has been too many years! (Breath) All that said, SALUTE! And much respect, as you know I love & appreciate what you do!
by speech on Sep 21, 2011 at 8:45 pm
Speech, thanks for sharing brother.
I feel you on the emotion of this issue. Growing up in inner-city Savannah I witnessed firsthand the social ills still present in this country in the form of institutional racism. And the biggest reason I oppose the death penalty in America is because of its blatantly racist nature in how it’s administered.
To your point on the John 8 passage, I glossed over the details because I discuss this passage in full detail in “Bible for the Rest of Us”, but I want to assure you that this isn’t a “scholar vs. layman” issue. Every modern English Bible translation recognizes this and notes it accordingly–we’re just conditioned in Churches to ignore the footnotes in our Bibles unfortunately.
Personally, I believe the passage is an oral tradition about an encounter Jesus had which circulated widely among the early church, which explains why in some old manuscripts it’s even found in Luke! And while we can use it for illustration purposes, if we truly stand on Scripture as the Words of God to His people, then we must be careful in delineating what is part of that Inspired Scripture and what is human tradition.
But like I said, this always manages to not sit well with people when they hear that one of their favorite passages in the Bible wasn’t actually originally in the Bible (as Snake Handlers react when learning that Mark’s longer ending is not authentic!). My only point in bringing it up is not to “puff up” through scholar-speak, but rather to encourage us all to be more careful in running to “proof-texts” to confirm views we hold dearly, especially when those texts were not written by the Gospel writers themselves.
Overall I guess my tension comes between your argument from an emotional/social justice perspective (which I agree with completely!) and the recognition that God did at multiple points in the history of His people establish capital punishment–but only when there is NO question of guilt. In this instance, I emailed the office of clemency directly and urged them to grant Troy Davis a stay of execution. I don’t know if he really is innocent, but I know that there is WAY too much doubt to render the death penalty and he should NOT receive it.
by jm on Sep 21, 2011 at 9:06 pm
I always cringe when someone pulls the “puffed up” reference in response to a rational statement concerning textual criticism.
While they are two entirely different situations…is the responsibility any different?
In the case of Mr. Davis, there apparently was evidence in the form of testimony against him. That evidence was later found to be lacking. Some (most, I think) witnesses even fully recanted. Yet, the prosecution decided to continue to use the flawed evidence, apparently because it was a means to the end they were seeking.
Why would a preacher continue to use “Biblical Evidence” that is now found to be lacking? It doesn’t make sense to “build a case” on the nature of Christ using writings that cannot be attributed to the author – even though doing so is a means to an end that is desired.
I say this with grace (and hopefully tact) – but who is puffed up here? Is it the one who wants to adhere to Christ’s teachings by making sure the writings we cite are accurate? Or is it the one who refuses to discard a teaching found to be lacking simply because it conflicts with their personal delight in the passage?
Billy Graham, Rick Warren, NT Wright, and countless other people (including my man JMS!) have said some amazing (and I believe true) things about Christ. But I would never try to pawn off what they said as being Scriptural. I also don’t think it’s responsible to try to pawn off something that John didn’t write as being Scripture either – even though what it says may very well be true of the nature of Christ!
by mAllen on Sep 22, 2011 at 4:25 pm
Coming from a criminal defense attorney has worked in the capital defense field and who reads a tremendous amount of literature on Christian responses to the death penalty, I really appreciate your thorough approach. I agree with your over-all conclusion, (though I would differ on nuanced technicalities about some of the specific issues you’ve addressed). Over all, though, I think you’re are closer to the proper response than 99% of those writing on the subject. On both sides of the issue, I’m constantly astounded at how far off base the arguments tend to be.
If you’re interested, I have one particular ethics text (Readings in Christian Ethics, eds. Rakestraw & Clark) which contains an excellent abridged essay from two Christian lawyers who come to essentially the same conclusion as you. I’d be more than happy to scan it and send it as a PDF email attachment. Feel free to send me an email if you’re interested.
by Zack on Sep 22, 2011 at 7:50 pm
JM,
I also agree with your final conclusion.
My comment is mostly a generalized one, but I feel it is an undercurrent of any issue good or bad, that we face as a society. I do not think peace (regarding any issue; social, political, ethical, etc) can be obtained on a macro level until it is sustained on a micro one. Humanity is a reflection of good and evil and trying to balance, those polarities for me is a conundrum.
So, as for the death penalty, well I agree that God is for “life and death” because …..well we are living, we are ALL on death row, yet we can also have an ‘afterlife’, and God allows this. So, to the best of my human ability, I pick the lesser of those two evils which in my humble opinion and limited knowledge is ‘life’.
by BJJCHICK on Sep 23, 2011 at 4:23 am
Thanks for your various responses, I appreciate the honesty and yet respectful tone. I too believe one shouldn’t use a passage that’s been found inaccurate as scripture or an example of proof. However, I maintain that the particular passage DOES represent Jesus’ heart, thus it’s still a powerful passage, and it’s why I said I’d still use it in sermons & making points about Jesus’ teachings. I didn’t ever say I’d use it as “Biblical Evidence” despite historical questions. We all have to refer to some faith on original text, seeing that there are NO originals left for us to study. SO, with that knowledge, I tend to fight for the “everyday people”, the “layman”, who want to sincerely follow God. And I don’t believe in order to do that, you have to be a scholar up on all the various theories. That’s why I brought up the point about confusing the layman. Sorry if I mis-interpreted you as being puffed up, of course that was only my opinion. (God knows the truth, not me) I just know that even the Pharisees who studied scripture more than most, got so much wrong in their interpretation, seemingly because they were so technical and less aware of intent. Of course death of anyone is a very emotional topic, add in the racial realities in this country and it’s ripe for mis-understandings. Anywho, thanks for asking me to check out the article, it & the discussion was interesting.
by speech on Sep 23, 2011 at 6:02 pm
Speech, you’re always appreciated in the Dojo brother! I’ve enjoyed our discussions on various controversial topics because they’ve helped show that being unified in Christ doesn’t always mean seeing eye to eye on every issue and disagreements can be honest, charitable and respectful–indeed, among the Body, that’s how they SHOULD be!
I feel you on the “layman” thing. That’s one of the reasons I’m so passionate about Bible for the Rest of Us and my other DVD courses and seminars. I’m trying to bridge the gap between the halls of academia and the hearts of those in the pews. I’ve seen scholarship that is utterly devoid of the Spirit of God…too much of it. I took a sabbatical this Summer, in part, to avoid going down that road and becoming nothing more than “one who peddles the gospel.” It’s a trap that is easy to fall into, so I completely understand where you’re coming from on that one.
I remain very much conflicted over the issue personally; I don’t expect that tension to evaporate on its own; that’s why I appreciate discussions like this with brothers like you.
Blessings to you and the AD fam from the Dojo!
by jm on Sep 26, 2011 at 6:22 pm
Jim,
A tangential comment on a tangential point: the evidence for Mark 16:9-20 is much stronger than the evidence for Jn. 7:53-8:11. Commentators whose descriptions of the pertinent evidence give their readers only a distant glance are not doing their readers any favors. I welcome you to learn more about this subject via the presentation at the link provided, and via the free video-lectures on the subject I have made available at YouTube.
Yours in Christ,
James Snapp, Jr.
by James Snapp, Jr. on Sep 28, 2011 at 2:28 am
Re: the Christian view of the death penalty in general.
As you stated, Jesus did not overturn the Law. He fulfilled it .
Thus, as I think Barth pointed out, the REASON that the OT Scripture gives for the death penaly is that, “…blood pollutes the land, and no atonement can be made for the land for the blood that is shed in it, except by the blood of the one who shed it” (Num. 35).
Either we beieve that Christ’s atonement was complete, sufficient and final or we do not.
by Michael Snow on Oct 21, 2011 at 3:09 am
Good point, Michael.
My only hesitation with that argument is that the concept of the death penalty predates the Law (Gen.9) and is even spoken of as continuing to exist as a function of secular government (Romans). I don’t dismiss Barth’s point…but I’m not fully convinced that it is applicable outside the community of faith.
by jm on Oct 21, 2011 at 3:16 am
The feedback here is incredible! I love the perspective of “Speech”, but love even more the interaction between you all.
I love how “BJJCHICK” worded that we are all on death row. That is profound. And we are all truly guilty, right? It is that idea of grace and mercy that inspires me to walk humbly, knowing that my “freedom” was paid for so undeservingly.
I do get how the power of the “sword” belongs to those God sovereignly appoints on Earth, but I would never advocate for this since I know how utterly depraved all of us are, and like “Speech” and “JM” discussed, fairness is almost impossible here on Earth.
Peace!
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