The Death Penalty
by Dr. Phil Stringer (Florida)
"Whoso sheddeth man’s blood, by man shall his blood be shed:
for in the image of God made he man." (Genesis 9:6)
THE NECESSITY OF CAPITAL PUNISHMENT
"You better vote for the death penalty, because, if you do not,
I will get out and it may be one of you next or your family." This
statement was made by convicted Indiana killer Steven Judy during the
penalty phase of his murder trial.
The Biblical teaching concerning the penalty for murder is simple:
life for life (Exodus 21:23). Consider these Scriptures which state it
so clearly:
• "Whoso sheddeth man’s blood, by man shall his blood be
shed: for in the image of God made he man" (Genesis 9:6).
• "And he that killeth any man shall surely be put to
death" (Leviticus 24:!7).
• "Whoso killeth any person, the murderer shall be put to death
by the mouth of witnesses: but one witness shall not testify against
any person to cause him to die" (umbers 35:30-31).
• "But if any man hate his neighbour, and lie in wait for him,
and rise up against him, and smite him mortally that he die, and
fleeth into one of these cities: Then the elders of his city shall
send and fetch him thence, and deliver him into the hand of the
avenger of blood, that he may die. Thine eye shall not pity him, but
thou shalt put away the guilt of innocent blood from Israel, that it
may bo well with thee" (Deuteronomy 19:11-13).
• For rulers are not a terror to good works, but to the evil. Wilt
thou then not be afraid of the power? do that which is good, and
thou shalt have praise of the same: For he is the minister of God to
thee for good. But if thou do that which is evil, be afraid; for he
beareth not the sword in vain: for he is the minister of God, a
revenger to execute wrath upon him that doeth evil" (Romans
13:3-4).
There are many stories surrounding the activities of Patrick as he
brought Christianity to the previously pagan tribes of Ireland. He
insisted on many reforms in their violent way of life. It is said that
he insisted on the death penalty for murder and rape. Only in this way
could the seriousness of these crimes be kept before the people.
Christian leaders have often been in the forefront in insisting on the
need for the death penalty because of the very clear teaching of
Scripture. However, it is also clear that the Biblical teaching about
capital punishment puts this responsibility on civil government.
Dr. Ernest Van Der Haag wrote:
I see no evidence for society somehow not having ‘the right’ to
execute murderers. It has always done so. Traditional laws and
Scriptures have always supported the death penalty. I know of no
reasoning, even in a religious (theocratic) state, that denies the
right of secular courts to impose it. We in America have a secular
republic, of course, and, therefore, the suggestion that the right to
punish belongs only to God, or that the right to impose capital
punishment does, is clearly out of place. It is not a religious but a
secular task to put murderers to death. Our Constitution does provide
for it (Amendments V and XIV). However much we believe in divine
justice, it is to occur after, not in, this life. As for justice here
and now, it is done by the courts, which are authorized in certain
cases to impose the death penalty. A secular state cannot leave it to
God. And, incidentally, no theocratic state ever has. If they make
mistakes, one can hope that God will correct the courts hereafter --
but this is no ground for depriving courts of their duty to impose the
penalties provided by law where required, nor is it the ground for
depriving the law of the ability to prescribe the punishments felt to
be just, including the death penalty.
In spite of the fact that there is overwhelming popular support for
the concept of the death penalty (a 1993 Parade magazine poll showed 87%
support the death penalty), there is still a great deal of public debate
over the subject. Every time an execution takes place there are
protests, vigils, and public debates.
There are only two real questions to be answered in this debate:
• Does the government have the right to impose capital punishment?
• Is it effective in preserving law and order?
ARGUMENTS AGAINST THE DEATH PENALTY
There are many arguments offered against the effectiveness of capital
punishment.
• Some say that the concept promotes violence and barbarism in our
society.
It is interesting to note that many of those who make this argument
see nothing wrong with mercilessly dissecting an unborn baby in the
womb. What kind of national morality is it that condones the murder of
any unborn baby (and offers to finance it), but agonizes over the
execution of serial killers, torture-murderers, and those who stalk and
murder little children? Properly carried out, the death penalty sends
the message that there is a price tag for violence and barbarism. The
seriousness of a crime to society is recognized by the price we demand
from those who commit such crimes. The ultimate crime demands the
ultimate penalty.
• A second objection that you hear towards the death penalty is that
it is not effective in preventing violent crime.
It is pointed out that since the death penalty was re-instituted
violent crime has increased. It is true that capital punishment -- the
way it is carried out today -- is not very effective. There are more
than 20,000 murders committed every year, and less than 40 executions
are carried out. Most executions take place over 15 years after arrest.
As long as only two-tenths of one percent of murders result in
execution, capital punishment will not be very effective. Establishing
capital punishment as routine in murder cases would result in an
entirely different situation.
As long as potential murderers are convinced they will not be
executed, capital punishment will be not deterrent. If society convinces
them that they will be executed for committing murder, it will
immediately become a major deterrent.
• A third objection raised against the concept of capital punishment
is that the government cannot be trusted with this option.
It is true that some government officials cannot be trusted in this
area. However, this is an argument for government and judicial reform,
not an objection to the concept of the death penalty. Numbers 35:30-31
clearly indicates that two eye-witnesses are necessary for declaring
capital punishment for the crime of murder. This simple judicial reform
would greatly improve the discussion over capital punishment in America.
• A fourth reason that capital punishment is opposed is the claim
that it is unconstitutional -- that it violates the cruel and
unusual punishment prohibition in the Constitution. This is clearly
inaccurate.
The Constitution specifically allows civil government to take life if
due process of law is followed. The prohibition against cruel and
unusual punishment was clearly designed to be a prohibition against
torture on the part of government agencies.
• Another objection to the death penalty is that the Sixth
Commandment teaches, "Thou shalt not kill.
However, it is clear that this was an individual prohibition against
murder. The civil government of Israel was authorized to use capital
punishment for eleven different offenses. Theologian St. Thomas Aquinas
spoke about this issue:
[T]he life of certain pestiferous men is an impediment to the
common good which is the concord of human society of men . . .
Therefore, the ruler of a state executes pestiferous men justly and
sinlessly in order that the peace of that state may not be disrupted.
There are a number of good, obvious reasons for capital punishments.
• It establishes a clear sense of justice. This is why the Bible
commands it -- a life for a life.
• It communicates a clear sense of the value of the life that has
been taken -- again, the ultimate price for the ultimate crime.
• Capital punishment is 100% effective in preventing further murders
by those who are executed.
• The consistent, effective use of the death penalty would deter
violent crime. It certainly worked when the death penalty was
regularly carried out in this country, and it is very effective in
countries around the world which still use it.
• It would discourage murder in kidnaping situations. When there is
no capital punishment for murder, most kidnap victims are killed by
their kidnappers to prevent the possibility of them ever being able
to be identified. With capital punishment as a threat, many
kidnappers are careful not to physically harm their victims.
• Capital punishment removes the guilt of innocent blood from
society.
The law of innocent blood (an often overlooked Biblical principle) is
that God demands that innocent blood be paid for with guilty blood (see
Genesis 9:6-7, again). The following is a brief look at the Biblical law
of innocent blood.
• God hates the shedding of innocent blood (Proverbs 6:17). No one
has the right to arbitrarily take human life.
• Murder takes place because of the sinful condition of man. It is a
natural act for the old sin nature (Isaiah 59:7, Romans 3:15, Romans
1:28-32).
• The law of innocent blood requires the civil government to do its
job in avenging the shedding of innocent blood, or the government
and the people will bear the penalty of innocent blood.
The book of Deuteronomy explains how this was done in Old Testament
Israel. Deuteronomy 19:10-13:
10 That innocent blood be not shed in thy land, which the LORD thy
God giveth thee for an inheritance, and so blood be upon thee.
11 But if any man hate his neighbour, and lie in wait for him, and
rise up against him, and smite him mortally that he die, and fleeth
into one of these cities:
12 Then the elders of his city shall send and fetch him thence, and
deliver him into the hand of the avenger of blood, that he may die.
13 Thine eye shall not pity him, but thou shalt put away the guilt
of innocent blood from Israel, that it may go well with thee.
Deuteronomy 21:1-9:
1 If one be found slain in the land which the LORD they God giveth
thee to possess it, lying in the field, and it be not known who hath
slain him:
2 Then thy elders and thy judges shall come forth, and they shall
measure unto the cities which are round about him that is slain:
3 And it shall be, that the city which is next unto the slain man,
even the elders of that city shall take an heifer, which hath not been
wrought with, and which hath not drawn in the yoke;
4 And the elders of that city shall bring down the heifer unto a
rough valley, which is neither eared nor sown, and shall strike off
the heifer’s neck there in the valley:
5 And the priests of the sons of Levi shall come near; for them the
LORD thy God hath chosen to minster unto him, and to bless in the name
of the LORD; and by their word shall every controversy and every
stroke be tried:
6 And all the elders of that city, that are next unto the slain
man, shall wash their hands over the heifer that is beheaded in the
valley:
7 And they shall answer and say, Our hands have not shed this
blood, neither have our eyes seen it.
8 Be merciful, O LORD, unto thy people Israel, whom thou hast
redeemed, and lay not innocent blood unto they people of Israel’s
charge. And the blood shall be forgiven them.
9 So shalt thou put away the guilt of innocent blood from among
you, when thou shalt do that which is right in the sight of the LORD.
• The Bible makes it clear that government leaders and civil
government are held responsible for shedding innocent blood just as
individuals are:
Saul had no right to try to kill David (I Samuel 19:5), and Manasseh
was judged by God for filling the streets of Jerusalem with innocent
blood by sacrificing the little children (I Kings 21:16).
The Bible makes it very clear how God feels about a society’s
tolerating the shedding of innocent blood. Psalms 106:35:40:
35 But were mingled among the heathen, and learned their works.
36 And they served their idols: which were a snare unto them.
37 Yea, they sacrificed their sons and their daughters unto devils,
38 And shed innocent blood, even the blood of their sons and of
their daughters, whom they sacrificed unto the idols of Canaan: and
the land was polluted with blood.
39 Thus were they defiled with their own works, and went a whoring
with their own inventions.
40 Therefore was the wrath of the LORD kindled against his people,
insomuch that he abhorred his own inheritance.
Think about how much innocent blood the United States is responsible
for in the eyes of God. The innocent blood of 33 million abortions
(tolerated by society), the innocent blood of all the unavenged murders,
and the total lack of respect for God’s system of justice are all
included.
Judge Robert E. Crowe summed up the importance of the concept of the
death penalty this way:
It is the finality of the death penalty which instills fear into
the heart of every murderer, and it is the fear of punishment which
protects society.
Dr. Phil Stringer is Executive Vice President at
Landmark Baptist College, Haines City, Florida.
