Disclaimer: This is not my best work I have ever done, but it is recent and probably too broad, but here it is anyway.
Capital punishment spans the history of the ages from the time of Genesis to the present day. Christians, both conservative and liberal, continue to struggle over the ethical ramifications of this practice. Both sides in this debate seek to ground their arguments in the foundational principle of Scripture. While the Bible does authorize the use of capital punishment in certain contexts, a thorough examination of Scripture and the relevant moral arguments requires Christians to realize that supporting the death penalty in modern times contradicts the sanctity of life found within the Bible and the emphasis on the transforming redemptive power of Christ.
Perspectives on Capital Punishment
Within Christianity, there are two respected views concerning capital punishment. Some evangelicals hold and teach that Scripture supports the current use of the death penalty within modern society. The focal point of their argument stems from the words of God with Noah after the flood. As God is making a covenant with Noah, he states, “Whoever sheds man’s blood, by man his blood shall be shed, for in the image of God He made man.”[1] The key to understanding this text rests in the way in which humanity shows disrespect for the divine prerogative in creation. As Charles notes about those who oppose the death penalty, “Abolitionists normally fail to confront with painful honesty the ethical imperatives of Genesis 9. Premeditated murder constitutes the initiation of force against an innocent person and the ultimate expression of despising divine authority.”[2] Charles explains that the moral imperative of capital punishment reveals that God views the murder of the innocent as an affront to His sovereign right to create life. The violation of His right has only one appropriate punishment to provide justice that will meet God’s standard, and that punishment is the death of the murderer. There is also a mandate within the Mosaic Law that supports the death penalty when it states, “He who strikes a man so that he dies shall surely be put to death.”[3] This verse serves as proof that God supports the use of death for achieving justice and Baker notes that this verse constitutes a logical extension of the evidence found in Genesis 9:6.[4] Scholars holding the same perspective also cite many passages from the New Testament favoring their position. John MacArthur notes that when Jesus stops Peter from using the sword in Matthew chapter 26, “he was reminding His disciple that the penalty for his killing one of Jesus’ enemies would be to perish himself through execution, which the Lord here acknowledges would be justified.”[5] In addition to the words of Jesus, the Apostle Paul’s letter to the Romans supports the concept that God institutes the use of capital punishment by the civil government when he states, “But if you do what is evil, be afraid; for it does not bear the sword for nothing; for it is a minister of God, an avenger who brings wrath upon the one who practices evil.”[6] Here MacArthur summarizes the view that, “Because the sword is an instrument of death, the weapon here symbolizes the right of civil government to inflict punishment, including the ultimate penalty of death for crimes that deserve it.”[7] The Scripture, however, does not constitute their only basis for supporting the death penalty.
Christians who support the use of capital punishment also make rational arguments that demonstrate such a harsh penalty will serve as a deterrent against possible future violent crimes of the convicted prisoner and others considering violent crime. Williams summarizes this argument when he states, “Moreover, as the proponents posit, the death penalty serves as a special deterrent. It is beyond dispute that the execution of the offender is the most effective and certain method by which the offender is incapacitated or prevented from perpetrating additional crimes against society.”[8] In this case, death functions as the ultimate protection against crime because the perpetrator will no longer possess the ability to commit any further crimes. Moreover, to anyone considering a violent criminal action, they may perhaps reconsider the choice about their actions if the consequence of the death penalty exists as a viable punishment.
The opposing view of Christians on capital punishment rejects its use for any crime. Like their counterparts, these people appeal to Scripture in both the Old and New Testaments to support their position. Geisler expounds on these arguments when he explains their position in this way, “The purpose of justice is to reform, not punish. Ezekiel declared that God takes no pleasure in the death of the wicked but ‘rather that he should turn from his way and live’ (18:23 RSV). God wants to cure the sinner, not kill him.”[9] Geisler points to Ezekiel as a text that illuminates that God does not necessarily require the deaths of wicked people that have committed sinful acts. What God wants is the transformation of the wicked. Proponents of the view against the death penalty also cite passages in the New Testament as supporting their position as well. In the Gospel of Matthew, Jesus himself states, “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 person; but whoever slaps you on your right cheek, turn the other to him also.”[10] In this instance, Jesus does not in any way negate the Mosaic law. Here Jesus gives a demonstration of how He constitutes the fulfillment of the law and points humanity back to God’s original intent as seen in the garden before the “Fall.” Dale Recinella explains:
In summary, the “eye for an eye, life for a life” of the Mosaic law introduces a drastic change in human affairs. The change, however, is by way of a law of limitation on human retaliatory violence. Because this is a law of limitation, Jesus can admonish us not to engage in any retaliatory violence at all, not take a tooth, an eye, a limb, or a life. He can do this without overruling the law and the prophets. He is simply making clear where God has been directing us all along.[11]
Recinella points out that Jesus, in fulfilling the Mosaic lex talonis, in no way contradicts the precedent given by Moses. Jesus demonstrates the actual intent of the law. Proponents of not using capital punishment argue that Jesus’ words in the above-mentioned passage constitute solid grounds for not using the death penalty as a means of attaining justice. However, these Christians that do not believe in the death penalty also make appeals outside of Scripture for their argument.
Christians against the use of the death penalty make several moral arguments against its use in society. One of the most persuasive arguments noted by scholars that hold this view involves the discriminatory way in which the laws on capital punishment function. As Sarah Zylstra noted in a recent article, “The divide is seen most clearly among racial lines. According to the Pew Forum Poll, black Protestants oppose the death penalty by 51 percent. While African Americans made up 13 percent of the population in 2006, they constituted nearly 42 percent of death row inmates.”[12] While the majority of death row inmates remain white, the statistical data shows that the number of African Americans placed on death row is disproportionate to the number of African Americans in society. Christians that oppose the death penalty use information like the aforementioned statistic to clearly relate that the justice system has an unfair bias against African Americans, and therefore should not be practiced.
One of the most common moral arguments cited by Christians who oppose the death penalty involves the possibility of the execution of innocent people by the justice system. Davis summarizes this point when he states that, “Opponents of the death penalty point out that its use inherently involves the risk of executing an innocent person — a miscarriage of justice that society can never reverse.”[13] Opponents of the death penalty argue that if the justice system makes some mistake, the very permanence of this penalty makes restitution for this mistake impossible. Furthermore, many Christians ask the age old question of do the ends of justice justify the means of capital punishment if the system can be wrong. In 2008 alone, there were four people who had been exonerated of their capital crimes by some form of evidence.[14] Those exonerated from death row provide clear evidence that the American justice system contains some possible flaws. Because of the flaws of the justice system, proponents of this view cannot knowingly support capital punishment due to the irreversible nature of the punishment.
Critique of the Evangelical Arguments Supporting Capital Punishment
Upon a closer examination of the texts supporting the death penalty, as well as an appropriate understanding of the death penalty in light of the entire perspective of Scripture and Christian morality, evangelicals must realize that the Bible does not support the current enforcement of the death penalty in modern society. For example, many Christians side with MacArthur in his above-mentioned understanding of the sword symbolizing God’s warrant of capital punishment in Romans 13:4. Craig Blomberg, on the other hand, notes this probably does not constitute concrete evidence when he states, “While verse 4 has often been used as support for capital punishment, the Romans did not use the sword to execute individuals, so this passage may prove irrelevant to that debate.”[15] If the Roman government that Paul lived under did not use the sword for execution, then this passage simply argues for the authority of government. While this New Testament passage deals with the interpretation of the text, there are other texts that may call the death penalty into question.
Even in the Old Testament, where those who favor capital punishment have their strongest evidence, some passages appear ignored because they examine the burden of proof for the use of the death penalty. The laws contained in Deuteronomy state, “On the evidence of two witnesses or three witnesses, he who is to die shall be put to death; he shall not be put to death on the evidence of one witness.”[16] Here God explains clearly that circumstantial evidence that can be used in the modern court system does not constitute enough proof to condemn someone. In order for the death penalty to function properly, at least two people had to visibly observe the crime. Hanks summarizes the consequences from this provision when he states, “In other words, the level of proof required by the Mosaic Law passed ‘beyond a reasonable doubt’ to virtually ‘absolute certainty.’”[17] The modern American justice system contains flaws that were not present under theocratic Israel. Because of the Old Testament requirement of witnesses, some evangelicals believe that the Bible does support the use of the death penalty or have doubts as to whether the justice system can implement it biblically. Chuck Colson, for example, struggles on this issue and decided that he believes the Bible supports the death penalty. In his own personal statement concerning the death penalty, he notes:
My views were very much influenced by Deuteronomy 17 and the need for two eye-witnesses. I questioned whether the circumstantial evidence on which most are sentenced today in fact measures up to this standard of proof. I still have grave reservations about the way in which capital punishment is administered in the U.S., and I still do question whether it is a deterrent. (In fact, I remain convinced it is not a general deterrent.)[18]
Though Colson now favors capital punishment, clearly he hesitates over how the government can uphold the limitations on the use of the death penalty as indicated in Deuteronomy, as well as arguing for its use as a deterrent. If Evangelicals cannot discern a clear mandate out of Scripture supporting the current enforcement of capital punishment, then perhaps such a harsh punishment no longer needs administration upon criminals.
While Scripture must govern an Evangelical understanding of this sensitive issue, several moral arguments that flow from the principles of Scripture require examination. The first argument of importance focuses on the flaws inherent in the modern American justice system. Scripture is clear that in theocratic Israel where God literally led his chosen people, the death penalty had a mandate with a clear understanding that people had to have certainty before this penalty could be enforced. In the United States, since the death penalty was reinstituted in 1976, 130 people have been exonerated from death row by some form of evidence. Four of these people were freed in 2008 alone.[19] Clearly, the modern American justice system possesses the capability of making mistakes. Yet, as mentioned earlier, Deuteronomy demonstrates to practice capital punishment fairly, there should be no mistakes. Thus, perhaps conservative evangelicals need to reexamine their understanding of what God allows concerning the fair enforcement of the death penalty.
Another moral argument that stems from Scripture against the use of capital punishment flows from the evangelical understanding of the “sanctity of life.” This phrase, often used in support of the cessation of embryonic stem cell research and abortion, explains that all human life is sacred and needs protecting because human beings were made in the image of God. However, if evangelicals are going to consistently argue that all life is sacred and needs protecting due to the imago dei, and with the same breath, call for the enforcement of capital punishment, then a large inconsistency appears to have developed in their argument. By the rules of logic, either all life is sacred and needs protecting, or not. Therefore, either the lives of criminals who may have even taken others lives are sacred, or they are not. To maintain consistently the “sanctity of life” argument, evangelicals must understand that all life is sacred, even the lives of the most despicable members of society.
In addition to the “sanctity of life” argument, evangelicals believe in the transforming power of the gospel of Jesus Christ in a person’s life. Yet, when the enforcement of capital punishment finds support from Christians, they are denying or at least complicating the possibility that some criminals may come to know Christ. Speaking for Christians who support capital punishment and how it relates to salvation, Geisler notes, “If anything, it should be an incentive to belief to know the sure moment of one’s death. It certainly eliminates procrastination and encourages sober thinking about life after death.”[20] This line of thinking, however, directly contradicts the ethics of Jesus Christ. Christ said in the Gospel of Matthew, “But I say to you, love your enemies, and pray for those who persecute you …”[21] In this case, Jesus does not say lovingly kill those who have violated the law. His command is clear; Christians are to love those who do them wrong because if they do not, then they are acting no different than the rest of the world. Therefore, Christians cannot love their enemies and also put them to death. In fact, the greatest act of love a Christian can demonstrate to an unbeliever is sharing the gospel. But, the gospel cannot be shared with someone who is physically dead. If Christians believe in the transforming effects of the gospel in a person’s life, then capital punishment countermands opportunities to share the gospel.
Objections
Within Evangelical Christianity, many objections arise to the aforementioned argument. One of the most common objections to abolishing capital punishment argues that the death penalty functions as a deterrent against violent crime. If Christians moved for legislation to abolish the enforcement of the death penalty, then consequently criminals would feel emboldened to commit further violent crimes. However, Christians that oppose the death penalty note that it already does not really deter crime. For instance, in a recent survey of 500 police chiefs around the country, 57% noted that the death penalty does not actually deter violent crime because criminals do not consider the consequences of their actions in the heat of committing some particular crime.[22] As a part of humanity’s sinful nature, people tend not to consider the consequences of their actions. Therefore, the likelihood of a criminal experiencing some mental debate as to whether they will commit a crime because the penalty could involve their death, does not appear as strong evidence for those who favor the use of capital punishment as a deterrent.
Another common objection to opposing the death penalty argues that those Christians who oppose capital punishment have a wrong view of the identity of violent criminals. Those in favor of the death penalty argue that, “Prisoners are not patients, they are persons. They are not objects to be manipulated, but human beings to be respected. The criminal is not sick but sinful.”[23] In this case, those that argue in favor of capital punishment are precisely correct. Most criminals are not ill, they are not patients and they do not suffer from any disease other than the infection of sin. Criminals are slaves to sin; however, and Christ made a way for sinners to experience freedom from sin and to have a relationship with God. Christians regularly memorize the Scripture that says, “But God demonstrates His own love toward us, in that while we were yet sinners, Christ died for us.”[24] He directs the Spirit to literally transform the lives of His enemies into new creatures. Christ does not cure sinners; He justifies them through His blood and makes them into new creatures with the Spirit. As believers take on the mantle of the Great Commission, they must understand that the Gospel of Christ has the power to transform the worst of sinners into new beings, into the people of God. The truth reveals that the enforcement of the death penalty denies future possibilities to present sinners with the gospel of Jesus Christ.
The sensitive issue of capital punishment requires prayerful and humble Christians to seek the will of God. As sinful people, humans have hated and committed murder in their hearts. All have lusted after the world and deserve eternal capital punishment. In His mercy, God provided a path of redemption through the blood of His son. In following in the footsteps of Christ, evangelicals should model the mercy of Christ by not enforcing capital punishment.
FACT SHEET[25]
The total number of death row inmates in the U.S. (as of January 1, 2007): 3,291.
The total number of executions in the U.S. since 1976 (as of December 19, 2007): 1096.
Texas holds the highest number of executions in the U.S. with a total of 444 criminals executed.
There were 53 women on death row as of June 30, 2009. This constitutes 1.6% of the total death row population. 11 women have been executed since 1976.
There are currently 35 states that practice the death penalty, and 15 states that do not.
A Pew survey from August 2007 finds that 62% of Americans favor the death penalty, while 32% oppose it and 6% are unsure.
In 1972, the Supreme Court in Furman v. Georgia abolished the death penalty in 40 different states claiming that it violated the Eighth Amendment restriction against “cruel and unusual punishment.”
In 1976, the Supreme Court in Gregg v. Georgia upheld Georgia’s new death penalty law opening the door for states to reinstitute capital punishment.
In 1993, Maryland prisoner Kirk Bloodsworth became the first death-row inmate to be freed because of DNA evidence.
In 2001, Timothy McVeigh (the Oklahoma City bomber) becomes the first person executed by the federal government in 38 years.
Although the Catechism of the Catholic Church sanctions the use of the death penalty as a last recourse, the U.S. Conference of Catholic Bishops has repeatedly called for the abolition of capital punishment in the United States in all circumstances.
In 2000, the Southern Baptist Convention issued a resolution in support of the fair and equitable use of capital punishment.
Of the major industrial democracies, only the United States, Japan and South Korea still use capital punishment. No Western European or Central European countries execute felons, regardless of the severity of the crime. The same is true in Canada, Mexico, Australia and much of Southern Africa. Moreover, many countries that still have death penalty laws on the books, including Russia and Brazil, have stopped executing inmates.
In 2008, Baze v. Rees, the U.S. Supreme Court upholds the constitutionality of Kentucky’s lethal injection procedure, holding that the administration of a three-drug cocktail does not violate the Constitution’s prohibition of “cruel and unusual punishment.” After a seven-month, nationwide moratorium, several states resume executions by lethal injection.
The racial break down of the inmates executed in the U.S. since the reinstitution of the death penalty in 1976 are as follows: 34% are black, 7% are Hispanic, 57% are white, 2% other.
BIBLIOGRAPHY
Baker, William H. On Capital Punishment. Chicago, IL: Moody Press, 1985.
Blomberg, Craig L. From Pentecost to Patmos: An Introduction of Acts through Revelation. Nashville, TN: B& H Academic, 2006.
Charles, J. Darryl. “Crime, The Christian and Capital Justice.” Journal of the Evangelical Theological Society 38 (1995): 429-441.
Colson, Charles. “Capital Punishment: A Personal Statement.” (2009) Accessed 10 October 2009. Available from http://thepoint.breakpoint.org/key-issues/issues-in-criminal-justice-reform/capital-punishment/pf-commentary-capital-punishment/11563-capital-punishment-a-personal-statement.
Davis, John H. Evangelical Ethics: Issues Facing the Church Today. Phillipsburg, NJ: P & R Publishing, 2004.
Geisler, Norman L. Christian Ethics: Options and Issues. Grand Rapids, MI: Baker Academic, 1989.
Hanks, Gardner C. Capital Punishment and the Bible. Scottdale, PA: Herald Press, 2002.
MacArthur, John. The MacArthur New Testament Commentary: Romans 9-16. Chicago, IL: Moody Publishers, 1994.
Recinella, Dale S. The Biblical Truth About America’s Death Penalty. Boston, MA: Northeastern University Press, 2004.
“The Death Penalty in 2008: Year End Report.” Website of the Death Penalty Information Center. Accessed online 18 October 2009; available from http://www.deathpenaltyinfo.org/2008YearEnd.pdf; Internet
Williams, Alexander Jr. “Christian Ethics and Capital Punishment: A Reflection.” Journal of Religious Thought 49 (1992): 59-77.
Zylstra, Sarah E. “Capital Doubts: Supreme Court Mulls Lethal Injections as Christian Support for the Death Penalty Drops.” Christianity Today 52 (2008): 20-21.
[1] Genesis 9:6 NASB.
[2] J. Daryl Charles, “Crime, The Christian and Capital Justice,” Journal of the Evangelical Theological Society 38 (1995): 439.
[3] Exodus 21:12 NASB.
[4] William H. Baker, On Capital Punishment (Chicago, IL: Moody Press, 1985), 38.
[5] John Macarthur, The MacArthur New Testament Commentary: Romans 9-16, (Chicago, IL: Moody Publishers, 1994) 225.
[6] Romans 13:4b NASB.
[7] Macarthur, The Macarthur New Testament Commentary, 225.
[8] Alexander Williams Jr., “Christian Ethics and Capital Punishment: A Reflection,” Journal of Religious Thought 49 (1992): 61.
[9] Norman L. Geisler, Christian Ethics: Options and Issues (Grand Rapids, MI: Baker Academic, 1989), 194.
[10] Matthew 5:38-39. NASB.
[11] Dale S. Recinella, The Biblical Truth about America’s Death Penalty (Boston, MA: Northeastern University Press, 2004), 51.
[12] Sarah Eekhoff Zylstra, “Capital Doubts: Supreme Court Mulls Lethal Injections as Christian Support for the Death Penalty Drops,” Christianity Today 52 (2008): 20.
[13] John Jefferson Davis, Evangelical Ethics: Issues Facing the Church Today (Phillipsburg, NJ: P & R Publishing, 2004) 216.
[14] The Death Penalty in 2008: Year End Report. (Website of the Death Penalty Information Center) [On-line] Accessed 18 October 2009; available from http://www.deathpenaltyinfo.org/2008YearEnd.pdf; Internet.
[15] Craig L. Blomberg, From Pentecost to Patmos: An Introduction to Acts Through Revelation (Nashville, TN: B & H Academic, 2006), 260.
[16] Deuteronomy 17:6 NASB.
[17] Gardner C. Hanks, Capital Punishment and the Bible (Scottdale, PA: Herald Press, 2002), 74.
[18] Chuck Colson, “Capital Punishment: A Personal Statement.” (Published June 29, 2009) [online] Accessed 10 October 2009; available from http://thepoint.breakpoint.org/key-issues/issues-in-criminal-justice-reform/capital-punishment/pf-commentary-capital-punishment/11563-capital-punishment-a-personal-statement.
[19] The Death Penalty in 2008: Year End Report. (Website of the Death Penalty Information Center) [On-line] Accessed 18 October 2009; available from http://www.deathpenaltyinfo.org/2008YearEnd.pdf; Internet.
[20] Geisler, Christian Ethics: Options and Issues, 199.
[21] Matthew 5:44 NASB.
[22] Richard C. Dieter, “Smart on Crime: Reconsidering the Death Penalty in a Time of Economic Crisis.” A Report from the Death Penalty Information Center. Published October 2009. Accessed 1 November 2009, available from http://www.deathpenaltyinfo.org/documents/CostsRptFinal.pdf
[23] Geisler, Christian Ethics: Options and Issues, 199.
[24] Romans 5:8 NASB.
[25] This fact sheet was compiled from two reputable websites: http://www.deathpenaltyinfo.org/ and http://pewforum.org/death-penalty/ , and all bullets are paraphrases or direct quotes from these sites.
Capital punishment spans the history of the ages from the time of Genesis to the present day. Christians, both conservative and liberal, continue to struggle over the ethical ramifications of this practice. Both sides in this debate seek to ground their arguments in the foundational principle of Scripture. While the Bible does authorize the use of capital punishment in certain contexts, a thorough examination of Scripture and the relevant moral arguments requires Christians to realize that supporting the death penalty in modern times contradicts the sanctity of life found within the Bible and the emphasis on the transforming redemptive power of Christ.
Perspectives on Capital Punishment
Within Christianity, there are two respected views concerning capital punishment. Some evangelicals hold and teach that Scripture supports the current use of the death penalty within modern society. The focal point of their argument stems from the words of God with Noah after the flood. As God is making a covenant with Noah, he states, “Whoever sheds man’s blood, by man his blood shall be shed, for in the image of God He made man.”[1] The key to understanding this text rests in the way in which humanity shows disrespect for the divine prerogative in creation. As Charles notes about those who oppose the death penalty, “Abolitionists normally fail to confront with painful honesty the ethical imperatives of Genesis 9. Premeditated murder constitutes the initiation of force against an innocent person and the ultimate expression of despising divine authority.”[2] Charles explains that the moral imperative of capital punishment reveals that God views the murder of the innocent as an affront to His sovereign right to create life. The violation of His right has only one appropriate punishment to provide justice that will meet God’s standard, and that punishment is the death of the murderer. There is also a mandate within the Mosaic Law that supports the death penalty when it states, “He who strikes a man so that he dies shall surely be put to death.”[3] This verse serves as proof that God supports the use of death for achieving justice and Baker notes that this verse constitutes a logical extension of the evidence found in Genesis 9:6.[4] Scholars holding the same perspective also cite many passages from the New Testament favoring their position. John MacArthur notes that when Jesus stops Peter from using the sword in Matthew chapter 26, “he was reminding His disciple that the penalty for his killing one of Jesus’ enemies would be to perish himself through execution, which the Lord here acknowledges would be justified.”[5] In addition to the words of Jesus, the Apostle Paul’s letter to the Romans supports the concept that God institutes the use of capital punishment by the civil government when he states, “But if you do what is evil, be afraid; for it does not bear the sword for nothing; for it is a minister of God, an avenger who brings wrath upon the one who practices evil.”[6] Here MacArthur summarizes the view that, “Because the sword is an instrument of death, the weapon here symbolizes the right of civil government to inflict punishment, including the ultimate penalty of death for crimes that deserve it.”[7] The Scripture, however, does not constitute their only basis for supporting the death penalty.
Christians who support the use of capital punishment also make rational arguments that demonstrate such a harsh penalty will serve as a deterrent against possible future violent crimes of the convicted prisoner and others considering violent crime. Williams summarizes this argument when he states, “Moreover, as the proponents posit, the death penalty serves as a special deterrent. It is beyond dispute that the execution of the offender is the most effective and certain method by which the offender is incapacitated or prevented from perpetrating additional crimes against society.”[8] In this case, death functions as the ultimate protection against crime because the perpetrator will no longer possess the ability to commit any further crimes. Moreover, to anyone considering a violent criminal action, they may perhaps reconsider the choice about their actions if the consequence of the death penalty exists as a viable punishment.
The opposing view of Christians on capital punishment rejects its use for any crime. Like their counterparts, these people appeal to Scripture in both the Old and New Testaments to support their position. Geisler expounds on these arguments when he explains their position in this way, “The purpose of justice is to reform, not punish. Ezekiel declared that God takes no pleasure in the death of the wicked but ‘rather that he should turn from his way and live’ (18:23 RSV). God wants to cure the sinner, not kill him.”[9] Geisler points to Ezekiel as a text that illuminates that God does not necessarily require the deaths of wicked people that have committed sinful acts. What God wants is the transformation of the wicked. Proponents of the view against the death penalty also cite passages in the New Testament as supporting their position as well. In the Gospel of Matthew, Jesus himself states, “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 person; but whoever slaps you on your right cheek, turn the other to him also.”[10] In this instance, Jesus does not in any way negate the Mosaic law. Here Jesus gives a demonstration of how He constitutes the fulfillment of the law and points humanity back to God’s original intent as seen in the garden before the “Fall.” Dale Recinella explains:
In summary, the “eye for an eye, life for a life” of the Mosaic law introduces a drastic change in human affairs. The change, however, is by way of a law of limitation on human retaliatory violence. Because this is a law of limitation, Jesus can admonish us not to engage in any retaliatory violence at all, not take a tooth, an eye, a limb, or a life. He can do this without overruling the law and the prophets. He is simply making clear where God has been directing us all along.[11]
Recinella points out that Jesus, in fulfilling the Mosaic lex talonis, in no way contradicts the precedent given by Moses. Jesus demonstrates the actual intent of the law. Proponents of not using capital punishment argue that Jesus’ words in the above-mentioned passage constitute solid grounds for not using the death penalty as a means of attaining justice. However, these Christians that do not believe in the death penalty also make appeals outside of Scripture for their argument.
Christians against the use of the death penalty make several moral arguments against its use in society. One of the most persuasive arguments noted by scholars that hold this view involves the discriminatory way in which the laws on capital punishment function. As Sarah Zylstra noted in a recent article, “The divide is seen most clearly among racial lines. According to the Pew Forum Poll, black Protestants oppose the death penalty by 51 percent. While African Americans made up 13 percent of the population in 2006, they constituted nearly 42 percent of death row inmates.”[12] While the majority of death row inmates remain white, the statistical data shows that the number of African Americans placed on death row is disproportionate to the number of African Americans in society. Christians that oppose the death penalty use information like the aforementioned statistic to clearly relate that the justice system has an unfair bias against African Americans, and therefore should not be practiced.
One of the most common moral arguments cited by Christians who oppose the death penalty involves the possibility of the execution of innocent people by the justice system. Davis summarizes this point when he states that, “Opponents of the death penalty point out that its use inherently involves the risk of executing an innocent person — a miscarriage of justice that society can never reverse.”[13] Opponents of the death penalty argue that if the justice system makes some mistake, the very permanence of this penalty makes restitution for this mistake impossible. Furthermore, many Christians ask the age old question of do the ends of justice justify the means of capital punishment if the system can be wrong. In 2008 alone, there were four people who had been exonerated of their capital crimes by some form of evidence.[14] Those exonerated from death row provide clear evidence that the American justice system contains some possible flaws. Because of the flaws of the justice system, proponents of this view cannot knowingly support capital punishment due to the irreversible nature of the punishment.
Critique of the Evangelical Arguments Supporting Capital Punishment
Upon a closer examination of the texts supporting the death penalty, as well as an appropriate understanding of the death penalty in light of the entire perspective of Scripture and Christian morality, evangelicals must realize that the Bible does not support the current enforcement of the death penalty in modern society. For example, many Christians side with MacArthur in his above-mentioned understanding of the sword symbolizing God’s warrant of capital punishment in Romans 13:4. Craig Blomberg, on the other hand, notes this probably does not constitute concrete evidence when he states, “While verse 4 has often been used as support for capital punishment, the Romans did not use the sword to execute individuals, so this passage may prove irrelevant to that debate.”[15] If the Roman government that Paul lived under did not use the sword for execution, then this passage simply argues for the authority of government. While this New Testament passage deals with the interpretation of the text, there are other texts that may call the death penalty into question.
Even in the Old Testament, where those who favor capital punishment have their strongest evidence, some passages appear ignored because they examine the burden of proof for the use of the death penalty. The laws contained in Deuteronomy state, “On the evidence of two witnesses or three witnesses, he who is to die shall be put to death; he shall not be put to death on the evidence of one witness.”[16] Here God explains clearly that circumstantial evidence that can be used in the modern court system does not constitute enough proof to condemn someone. In order for the death penalty to function properly, at least two people had to visibly observe the crime. Hanks summarizes the consequences from this provision when he states, “In other words, the level of proof required by the Mosaic Law passed ‘beyond a reasonable doubt’ to virtually ‘absolute certainty.’”[17] The modern American justice system contains flaws that were not present under theocratic Israel. Because of the Old Testament requirement of witnesses, some evangelicals believe that the Bible does support the use of the death penalty or have doubts as to whether the justice system can implement it biblically. Chuck Colson, for example, struggles on this issue and decided that he believes the Bible supports the death penalty. In his own personal statement concerning the death penalty, he notes:
My views were very much influenced by Deuteronomy 17 and the need for two eye-witnesses. I questioned whether the circumstantial evidence on which most are sentenced today in fact measures up to this standard of proof. I still have grave reservations about the way in which capital punishment is administered in the U.S., and I still do question whether it is a deterrent. (In fact, I remain convinced it is not a general deterrent.)[18]
Though Colson now favors capital punishment, clearly he hesitates over how the government can uphold the limitations on the use of the death penalty as indicated in Deuteronomy, as well as arguing for its use as a deterrent. If Evangelicals cannot discern a clear mandate out of Scripture supporting the current enforcement of capital punishment, then perhaps such a harsh punishment no longer needs administration upon criminals.
While Scripture must govern an Evangelical understanding of this sensitive issue, several moral arguments that flow from the principles of Scripture require examination. The first argument of importance focuses on the flaws inherent in the modern American justice system. Scripture is clear that in theocratic Israel where God literally led his chosen people, the death penalty had a mandate with a clear understanding that people had to have certainty before this penalty could be enforced. In the United States, since the death penalty was reinstituted in 1976, 130 people have been exonerated from death row by some form of evidence. Four of these people were freed in 2008 alone.[19] Clearly, the modern American justice system possesses the capability of making mistakes. Yet, as mentioned earlier, Deuteronomy demonstrates to practice capital punishment fairly, there should be no mistakes. Thus, perhaps conservative evangelicals need to reexamine their understanding of what God allows concerning the fair enforcement of the death penalty.
Another moral argument that stems from Scripture against the use of capital punishment flows from the evangelical understanding of the “sanctity of life.” This phrase, often used in support of the cessation of embryonic stem cell research and abortion, explains that all human life is sacred and needs protecting because human beings were made in the image of God. However, if evangelicals are going to consistently argue that all life is sacred and needs protecting due to the imago dei, and with the same breath, call for the enforcement of capital punishment, then a large inconsistency appears to have developed in their argument. By the rules of logic, either all life is sacred and needs protecting, or not. Therefore, either the lives of criminals who may have even taken others lives are sacred, or they are not. To maintain consistently the “sanctity of life” argument, evangelicals must understand that all life is sacred, even the lives of the most despicable members of society.
In addition to the “sanctity of life” argument, evangelicals believe in the transforming power of the gospel of Jesus Christ in a person’s life. Yet, when the enforcement of capital punishment finds support from Christians, they are denying or at least complicating the possibility that some criminals may come to know Christ. Speaking for Christians who support capital punishment and how it relates to salvation, Geisler notes, “If anything, it should be an incentive to belief to know the sure moment of one’s death. It certainly eliminates procrastination and encourages sober thinking about life after death.”[20] This line of thinking, however, directly contradicts the ethics of Jesus Christ. Christ said in the Gospel of Matthew, “But I say to you, love your enemies, and pray for those who persecute you …”[21] In this case, Jesus does not say lovingly kill those who have violated the law. His command is clear; Christians are to love those who do them wrong because if they do not, then they are acting no different than the rest of the world. Therefore, Christians cannot love their enemies and also put them to death. In fact, the greatest act of love a Christian can demonstrate to an unbeliever is sharing the gospel. But, the gospel cannot be shared with someone who is physically dead. If Christians believe in the transforming effects of the gospel in a person’s life, then capital punishment countermands opportunities to share the gospel.
Objections
Within Evangelical Christianity, many objections arise to the aforementioned argument. One of the most common objections to abolishing capital punishment argues that the death penalty functions as a deterrent against violent crime. If Christians moved for legislation to abolish the enforcement of the death penalty, then consequently criminals would feel emboldened to commit further violent crimes. However, Christians that oppose the death penalty note that it already does not really deter crime. For instance, in a recent survey of 500 police chiefs around the country, 57% noted that the death penalty does not actually deter violent crime because criminals do not consider the consequences of their actions in the heat of committing some particular crime.[22] As a part of humanity’s sinful nature, people tend not to consider the consequences of their actions. Therefore, the likelihood of a criminal experiencing some mental debate as to whether they will commit a crime because the penalty could involve their death, does not appear as strong evidence for those who favor the use of capital punishment as a deterrent.
Another common objection to opposing the death penalty argues that those Christians who oppose capital punishment have a wrong view of the identity of violent criminals. Those in favor of the death penalty argue that, “Prisoners are not patients, they are persons. They are not objects to be manipulated, but human beings to be respected. The criminal is not sick but sinful.”[23] In this case, those that argue in favor of capital punishment are precisely correct. Most criminals are not ill, they are not patients and they do not suffer from any disease other than the infection of sin. Criminals are slaves to sin; however, and Christ made a way for sinners to experience freedom from sin and to have a relationship with God. Christians regularly memorize the Scripture that says, “But God demonstrates His own love toward us, in that while we were yet sinners, Christ died for us.”[24] He directs the Spirit to literally transform the lives of His enemies into new creatures. Christ does not cure sinners; He justifies them through His blood and makes them into new creatures with the Spirit. As believers take on the mantle of the Great Commission, they must understand that the Gospel of Christ has the power to transform the worst of sinners into new beings, into the people of God. The truth reveals that the enforcement of the death penalty denies future possibilities to present sinners with the gospel of Jesus Christ.
The sensitive issue of capital punishment requires prayerful and humble Christians to seek the will of God. As sinful people, humans have hated and committed murder in their hearts. All have lusted after the world and deserve eternal capital punishment. In His mercy, God provided a path of redemption through the blood of His son. In following in the footsteps of Christ, evangelicals should model the mercy of Christ by not enforcing capital punishment.
FACT SHEET[25]
The total number of death row inmates in the U.S. (as of January 1, 2007): 3,291.
The total number of executions in the U.S. since 1976 (as of December 19, 2007): 1096.
Texas holds the highest number of executions in the U.S. with a total of 444 criminals executed.
There were 53 women on death row as of June 30, 2009. This constitutes 1.6% of the total death row population. 11 women have been executed since 1976.
There are currently 35 states that practice the death penalty, and 15 states that do not.
A Pew survey from August 2007 finds that 62% of Americans favor the death penalty, while 32% oppose it and 6% are unsure.
In 1972, the Supreme Court in Furman v. Georgia abolished the death penalty in 40 different states claiming that it violated the Eighth Amendment restriction against “cruel and unusual punishment.”
In 1976, the Supreme Court in Gregg v. Georgia upheld Georgia’s new death penalty law opening the door for states to reinstitute capital punishment.
In 1993, Maryland prisoner Kirk Bloodsworth became the first death-row inmate to be freed because of DNA evidence.
In 2001, Timothy McVeigh (the Oklahoma City bomber) becomes the first person executed by the federal government in 38 years.
Although the Catechism of the Catholic Church sanctions the use of the death penalty as a last recourse, the U.S. Conference of Catholic Bishops has repeatedly called for the abolition of capital punishment in the United States in all circumstances.
In 2000, the Southern Baptist Convention issued a resolution in support of the fair and equitable use of capital punishment.
Of the major industrial democracies, only the United States, Japan and South Korea still use capital punishment. No Western European or Central European countries execute felons, regardless of the severity of the crime. The same is true in Canada, Mexico, Australia and much of Southern Africa. Moreover, many countries that still have death penalty laws on the books, including Russia and Brazil, have stopped executing inmates.
In 2008, Baze v. Rees, the U.S. Supreme Court upholds the constitutionality of Kentucky’s lethal injection procedure, holding that the administration of a three-drug cocktail does not violate the Constitution’s prohibition of “cruel and unusual punishment.” After a seven-month, nationwide moratorium, several states resume executions by lethal injection.
The racial break down of the inmates executed in the U.S. since the reinstitution of the death penalty in 1976 are as follows: 34% are black, 7% are Hispanic, 57% are white, 2% other.
BIBLIOGRAPHY
Baker, William H. On Capital Punishment. Chicago, IL: Moody Press, 1985.
Blomberg, Craig L. From Pentecost to Patmos: An Introduction of Acts through Revelation. Nashville, TN: B& H Academic, 2006.
Charles, J. Darryl. “Crime, The Christian and Capital Justice.” Journal of the Evangelical Theological Society 38 (1995): 429-441.
Colson, Charles. “Capital Punishment: A Personal Statement.” (2009) Accessed 10 October 2009. Available from http://thepoint.breakpoint.org/key-issues/issues-in-criminal-justice-reform/capital-punishment/pf-commentary-capital-punishment/11563-capital-punishment-a-personal-statement.
Davis, John H. Evangelical Ethics: Issues Facing the Church Today. Phillipsburg, NJ: P & R Publishing, 2004.
Geisler, Norman L. Christian Ethics: Options and Issues. Grand Rapids, MI: Baker Academic, 1989.
Hanks, Gardner C. Capital Punishment and the Bible. Scottdale, PA: Herald Press, 2002.
MacArthur, John. The MacArthur New Testament Commentary: Romans 9-16. Chicago, IL: Moody Publishers, 1994.
Recinella, Dale S. The Biblical Truth About America’s Death Penalty. Boston, MA: Northeastern University Press, 2004.
“The Death Penalty in 2008: Year End Report.” Website of the Death Penalty Information Center. Accessed online 18 October 2009; available from http://www.deathpenaltyinfo.org/2008YearEnd.pdf; Internet
Williams, Alexander Jr. “Christian Ethics and Capital Punishment: A Reflection.” Journal of Religious Thought 49 (1992): 59-77.
Zylstra, Sarah E. “Capital Doubts: Supreme Court Mulls Lethal Injections as Christian Support for the Death Penalty Drops.” Christianity Today 52 (2008): 20-21.
[1] Genesis 9:6 NASB.
[2] J. Daryl Charles, “Crime, The Christian and Capital Justice,” Journal of the Evangelical Theological Society 38 (1995): 439.
[3] Exodus 21:12 NASB.
[4] William H. Baker, On Capital Punishment (Chicago, IL: Moody Press, 1985), 38.
[5] John Macarthur, The MacArthur New Testament Commentary: Romans 9-16, (Chicago, IL: Moody Publishers, 1994) 225.
[6] Romans 13:4b NASB.
[7] Macarthur, The Macarthur New Testament Commentary, 225.
[8] Alexander Williams Jr., “Christian Ethics and Capital Punishment: A Reflection,” Journal of Religious Thought 49 (1992): 61.
[9] Norman L. Geisler, Christian Ethics: Options and Issues (Grand Rapids, MI: Baker Academic, 1989), 194.
[10] Matthew 5:38-39. NASB.
[11] Dale S. Recinella, The Biblical Truth about America’s Death Penalty (Boston, MA: Northeastern University Press, 2004), 51.
[12] Sarah Eekhoff Zylstra, “Capital Doubts: Supreme Court Mulls Lethal Injections as Christian Support for the Death Penalty Drops,” Christianity Today 52 (2008): 20.
[13] John Jefferson Davis, Evangelical Ethics: Issues Facing the Church Today (Phillipsburg, NJ: P & R Publishing, 2004) 216.
[14] The Death Penalty in 2008: Year End Report. (Website of the Death Penalty Information Center) [On-line] Accessed 18 October 2009; available from http://www.deathpenaltyinfo.org/2008YearEnd.pdf; Internet.
[15] Craig L. Blomberg, From Pentecost to Patmos: An Introduction to Acts Through Revelation (Nashville, TN: B & H Academic, 2006), 260.
[16] Deuteronomy 17:6 NASB.
[17] Gardner C. Hanks, Capital Punishment and the Bible (Scottdale, PA: Herald Press, 2002), 74.
[18] Chuck Colson, “Capital Punishment: A Personal Statement.” (Published June 29, 2009) [online] Accessed 10 October 2009; available from http://thepoint.breakpoint.org/key-issues/issues-in-criminal-justice-reform/capital-punishment/pf-commentary-capital-punishment/11563-capital-punishment-a-personal-statement.
[19] The Death Penalty in 2008: Year End Report. (Website of the Death Penalty Information Center) [On-line] Accessed 18 October 2009; available from http://www.deathpenaltyinfo.org/2008YearEnd.pdf; Internet.
[20] Geisler, Christian Ethics: Options and Issues, 199.
[21] Matthew 5:44 NASB.
[22] Richard C. Dieter, “Smart on Crime: Reconsidering the Death Penalty in a Time of Economic Crisis.” A Report from the Death Penalty Information Center. Published October 2009. Accessed 1 November 2009, available from http://www.deathpenaltyinfo.org/documents/CostsRptFinal.pdf
[23] Geisler, Christian Ethics: Options and Issues, 199.
[24] Romans 5:8 NASB.
[25] This fact sheet was compiled from two reputable websites: http://www.deathpenaltyinfo.org/ and http://pewforum.org/death-penalty/ , and all bullets are paraphrases or direct quotes from these sites.
