Capital
Punishment
Should
the government take the life of a person who has been convicted of
certain crimes? State statutes define the crimes for which capital
punishment is specified, but the primary question is whether
governments should have the right to carry out capital punishment at
all.
This was the issue recently addressed by the legislature of New
Hampshire.
1. Background
On
April 17, 2014 the New
Hampshire
Senate voted 12-12 on a bill to repeal the death penalty. The Senate
then voted to table the bill, meaning it could be brought up for
reconsideration later in the legislative session. The bill had
overwhelmingly passed the House, and Governor Maggie Hassan indicated
she would have signed the bill if it passed the Senate. In 2000
legislators voted to repeal the death penalty, but then-governor
Jeanne Shaheen vetoed the bill. In 2009, the House also passed a
repeal bill. New Hampshire has not had an execution since 1939.
The
current capital sentencing statute in New Hampshire was enacted in
1977. It provides for the death penalty in cases of “capital
murder” where a person knowingly causes the death of:
A
law enforcement officer or a judicial officer acting in the line of
duty or when the death is caused as a consequence of or in
retaliation for such person’s actions in the line of duty;
“Another”
before, after, or while engaged in the commission of or while
attempting to commit kidnapping;
Another
by criminally soliciting a person to cause said death or after
having been criminally solicited by another for his personal
pecuniary gain;
Another
after being sentenced to life imprisonment without parole;
Another
before, after, or while engaged in the commission of, or while
attempting to commit aggravated felonious sexual assault;
Another
before, after, or while engaged in the commission of, or while
attempting to commit certain defined drug offenses.
In
2012 New Hampshire
state
representative
Phil
Greazzo, who
simultaneously proposed a broad expansion of the death penalty to
include any intentional murder, also offered an alternative bill to
abolish the death penalty entirely because he felt the 1977 statute
was “so unfair”.
He said he would rather have lawmakers do away with the punishment
altogether than maintain the status quo, which restricts the death
penalty to certain murders, such as killing a law enforcement
officer. Greazzo pointed out the inconsistencies of the current
statute saying, “If I hire someone to commit a murder for me, that
would bring the death penalty. If I did it myself, there's no
death penalty.” In proposing both the expansion and repeal
bills, Greazzo said he intended that lawmakers consider a full range
of possibilities for improving the current law.
On
November 6, 2013 the New
Hampshire
Supreme Court issued a lengthy ruling upholding the conviction and
death sentence of Michael Addison, the state's only death row inmate.
Addison
was convicted in Superior Court of the capital murder of Manchester
Police Officer Michael Briggs and sentenced to death. The
case is the first death-penalty appeal to be decided by the New
Hampshire Supreme Court in decades. The court in affirming Addison’s
conviction addressed and rejected twenty-two
issues raised by the defendant:
Trial
issues - venue, peremptory challenges and challenges for cause to
prospective jurors, prior crimes evidence under New Hampshire Rules
of Evidence 404(b), and the jury instruction on reasonable doubt.
Sentencing
- the defendant's custodial statement, victim impact evidence,
evidence of conditions of confinement, evidence of and jury
instruction on mode of execution, prior crimes evidence, and closing
argument.
Constitutional
and statutory issues - the constitutionality of the capital
punishment statute, the narrowing function of the statutory
aggravating factors, the statutory burdens of proof, the
inapplicability of the rules of evidence, the impact of race in
capital sentencing, the process of "death qualifying" the
jury, the non-statutory aggravating factors' compliance with certain
constitutional requirements, and the defendant’s post-verdict
request for discovery.
The
opinion said additional briefing and oral argument would be required
before deciding "whether the sentence of death is excessive or
disproportionate to the penalty imposed in similar cases, considering
both the crime and the defendant."
2. Relevant
biblical teaching
The
rights and duties of civil government
In
the early history of the human race God brought a massive flood on
the earth, destroying all human beings except the eight who were
rescued in the ark: Noah, his wife, his three sons and their wives.
When the flood ended, Noah and his family came out of the ark and
started human society all over again. At that point God gave
instructions regarding the life they were about to begin including
the following passage:
Genesis
9:1-6
9 And
God blessed Noah and his sons and said to them, “Be fruitful and
multiply and fill the earth.
2 The
fear of you and the dread of you shall be upon every beast of the
earth and upon every bird of the heavens, upon everything that creeps
on the ground and all the fish of the sea. Into your hand they are
delivered.
3 Every
moving thing that lives shall be food for you. And as I gave you the
green plants, I give you everything.
4 But
you shall not eat flesh with its life, that is, its blood.
5 And
for your lifeblood I will require a reckoning: from every beast I
will require it and from man. From his fellow man I will require a
reckoning for the life of man.
6 “Whoever
sheds the blood of man,
by
man shall his blood be shed,
for
God made man in his own image.
The
verb “shed” in verse
9
is translated from the Hebrew verb “shaphak”, which means
“pour out, shed, pour, cast and gush out” and, although used
this way in other verses,
arguably could mean injury not causing death. However, the use
of the verb to describe both the wrong (“sheds the blood of
man”) and the penalty (“by man shall his blood be shed”)
makes it clear, as justice would require, that if the wrong is the
wrongful taking of human life (murder as we understand it) the
punishment is the taking of the life of the murderer.
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It
is also clear that the execution of the murderer is not going to be
carried out directly by God, but by a human agent to whom God has
given dominion over the earth (“I
give you everything.”)v .
This action is therefore not some human invention, but is instituted
to carry out God's own requirement of justice for the intentional,
unjustified taking of a human life.
The
reason God gives for this ultimate punishment is the immense value of
human life: "for God made man in his own image". To murder
a human being is to murder someone who is more like God and any other
creature on earth so that the murder of another human being is in a
sense an attack against God himself for it is an attack against God’s
representative on earth.
This
passage comes long before the establishment of the nation of Israel
or the giving of the laws of the Mosaic covenant and is therefore not
limited to the nation of Israel or to a specific period of time
(although later passages in the Old Testament show that God did
institute the death penalty for the crime of murder in Israel).
The covenant with Noah applies to all human beings on earth for all
generations:
Genesis
9:16-17: 16 When
the bow is in the clouds, I will see it and remember the everlasting
covenant between God and every living creature of all flesh that is
on the earth.”
17 God
said to Noah, “This is the sign of the covenant that I have
established between me and all flesh that is on the earth.”
Romans
13:1-7
is the first of two primary New Testament passages that teach about
civil government:
Romans
13:1-7: Submission
to the Authorities 13 Let
every person be subject to the governing authorities. For there is no
authority except from God, and those that exist have been instituted
by God.
2 Therefore
whoever resists the authorities resists what God has appointed, and
those who resist will incur judgment.
3 For
rulers are not a terror to good conduct, but to bad. Would you have
no fear of the one who is in authority? Then do what is good, and you
will receive his approval,
4 for
he is God's servant for your good. But if you do wrong, be afraid,
for he does not bear the sword in vain. For he is the servant of God,
an avenger who carries out God's wrath on the wrongdoer.
5 Therefore
one must be in subjection, not only to avoid God's wrath but also for
the sake of conscience.
6 For
because of this you also pay taxes, for the authorities are ministers
of God, attending to this very thing.
7 Pay
to all what is owed to them: taxes to whom taxes are owed, revenue to
whom revenue is owed, respect to whom respect is owed, honor to whom
honor is owed.
First,
Paul says that the civil government is to be “God’s servant”
and “bears the sword” for this reason (not “in vain”) in the
case of wrongdoing. Whether the “sword” is explicitly the
instrument by which people are put to death
or a symbol of governmental authority, the next sentence makes it
clear that Paul’s understanding of the role of the civil government
("the servant of God, an avenger who carries out God's wrath on
the wrongdoer") is consistent with the teaching of Genesis
9
that where God requires a reckoning for wrongdoing (“Whoever
sheds the blood of man, by man shall his blood be shed.”)
this reckoning will be carried out through human agents, specifically
civil government.
The
second primary New Testament passage on
civil government is 1
Peter 2:13-14:
1
Peter 2:13-14: Submission
to Authority 13 Be
subject for the Lord's sake to every human institution, whether it be
to the emperor as supreme,
14 or
to governors as sent by him to punish those who do evil and to praise
those who do good.
Peter
is also teaching that God has instituted civil government (“sent by
him”) to bring God's punishment to the wrongdoer. In the case of
murder, consistent with Genesis
9:5-6,
that punishment is death.
God
clearly gives to civil government the right and the responsibility to
carry out capital punishment for the crime of murder in carrying out
God’s justice. As to whether other crimes are worthy of capital
punishment the Bible does not give explicit instruction,
although a good rule could be a determination of the extent to which
their consequences and the evil they involve are sufficiently near to
murder.
Forgiveness
Many
people seem to think that if a loved one has been murdered they
should forgive the murderer and never seek that the wrongdoer be
punished by the civil government. However, that is not the solution
Paul gives in Romans
12:19.
He doesn't say that we are to forgive everyone who has done wrong to
us and not seek to be avenged but rather he tells us to give up any
desire to seek revenge ourselves and instead give it over to the
civil government as he says, “Beloved, never avenge yourselves, but
leave it to the wrath of God."
Leaving
the civil government to carry out justice frees the believer to do
good, even to those who have wronged him. As Paul says, "if
your enemy is hungry, feed him: if he is thirsty, give him something
to drink".
In that way they will "overcome evil with good",
and that good comes not only through giving food and water but also
through the justice system of the civil government, which is "God's
servant for your good".
A
rightful desire for God's vengeance to come through government is not
"satisfying revenge" and therefore inconsistent with
forgiveness but is satisfying God's requirement of justice and
reflects the appropriate desire for God's justice in human hearts:
Revelation
6:9-10: 9 When
he opened the fifth seal, I saw under the altar the souls of those
who had been slain for the word of God and for the witness they had
borne.
10 They
cried out with a loud voice, “O Sovereign Lord, holy and true, how
long before you will judge and avenge our blood on those who dwell on
the earth?”
These
souls, now completely free from sin, are crying out for God to avenge
their murders and to take vengeance on those who have murdered them,
and it is exactly this action of committing judgment into the hands
of God that allows us to give up the desire to seek it for ourselves
thereby freeing us to continue to show acts of personal mercy even as
Jesus did:
Luke
23:34: 34 And
Jesus said, “Father,
forgive them, for they know not what they do.”And
they cast lots to divide his garments.
1
Peter 2:23: 23 When
he was reviled, he did not revile in return; when he suffered, he did
not threaten, but continued entrusting himself to him who judges
justly.
People
may think that chastity is the most unpopular Christian doctrine, but
C.S. Lewis thinks forgiveness may be even more unpopular particularly
as Christians are called to forgive their enemies. Although everyone
probably agrees with forgiveness as a virtue in the abstract, when
they have something particularly egregious to forgive they resist not
because they think the virtue is too difficult but because, in the
circumstances, they think it hateful and contemptible to forgive
really bad behavior.
Christians pray for forgiveness as they forgive the sins of others,
and Lewis believes they are not offered forgiveness on any other
terms. Forgiveness is a choice we make through a decision of our
will, motivated by obedience to God and his command to forgive. We
forgive by faith, out of obedience. Since forgiveness often goes
against our inclination or even our reason, we must forgive by faith,
whether we feel like it or not. We must trust God to do the work in
us that needs to be done so that the forgiveness will be complete.
God completes the work in his time. We must continue to forgive (our
job), by faith, until the work of forgiveness (the Lord's job), is
done in our hearts.
And,
if we are called to love our neighbor as ourselves, we need a better
understanding of how we love ourselves. Since we don’t love
ourselves because we think we are “nice” or because we enjoy our
own company, it is a relief to understand we need not have these
feelings for our enemies. Also if we continue to love ourselves
despite our bad actions we begin to understand what it means to “hate
the sin but not the sinner”. The idea is that we should be sorry
that another has sinned and hope for some “cure” in the future.
But Lewis says:
“Loving
your enemy certainly does not mean not punishing him any more than
loving myself means I ought not subject myself to punishment. The
commandment is a prohibition against murder,
not against killing.
All killing is not murder any more than all sexual activity is
adultery. The real point of Christian morality for a creature who
will live forever is the evolution of the soul. A Christian may kill
if necessary, but he must not hate or enjoy hating. We may punish if
necessary, but we must not enjoy it.
We
love ourselves simply because it is our self, and we should love
others in the same way. Fortunately God has given us the perfect
example, because that is how he loves us.”
We
will know the work of forgiveness is complete when we experience the
freedom that comes as a result. We are the ones who suffer most when
we choose not to forgive. As we forgive, God sets our hearts free
from the anger, bitterness, resentment and hurt that previously
imprisoned us.
3. Objections
to capital punishment from the Bible
Exodus
20:13
The
instruction in Exodus
20:13,
"You shall not murder," does not prohibit the death penalty
on the basis that civil government should not "murder" a
criminal. Murder is commonly defined as ‘the intentional,
unjustified
killing of a human being.” As noted above, capital punishment
administered by the civil government is entirely justified biblically
by Genesis
9:1-6, Romans 13:1-7 and
1
Peter 2:13-14.
Some
Bible translations
use the word “kill” rather than “murder” in Exodus
20:13
leading some to say the Bible therefore contains a general
prohibition against all “killing.” Rather than argue about
whether the Hebrew verb used in Exodus
20:13 refers
to what we would call murder in a criminal sense today or refers to
judicial execution,
we know God commanded that the death penalty be carried out in the
laws He gave in the Mosaic covenant.
It would not be logical to conclude that in one book of the Bible
God generally prohibited what He specifically commanded in another.
Matthew
5:38-39
Matthew
5:38-39: Retaliation
38 “You
have heard that it was said, ‘An eye for an eye and a tooth for a
tooth.’
39 But
I say to you, Do not resist the one who is evil. But if anyone slaps
you on the right cheek, turn to him the other also.
In
this verse Jesus is speaking to individual persons and instructing
them in their relationships with other individuals and is similar to
Romans
12:19
where Paul prohibits personal vengeance. Jesus is not talking about
the responsibility of governments or telling governments how they
should act with respect to the punishment of crimes.
Matthew
22:39
Matthew
22:39: 39 And
a second is like it: You shall love your neighbor as yourself.
The
real question here is whether it is possible to love one's neighbor,
in obedience to this command, and
at the same time support the action of the civil government in
putting him to death for murder. This objection seeks to contrast
Jesus’ command here with Old Testament commands about the death
penalty, but Jesus is actually quoting from the Old Testament:
Leviticus
19:18: 18 You
shall not take vengeance or bear a grudge against the sons of your
own people, but you shall love your neighbor as yourself: I am the
Lord.
In
the same context of God's instruction quoted by Jesus He also
commanded the death penalty for certain crimes,
so that God clearly commanded both love for one's neighbor and the
death penalty, for example, for people who put their children to
death in sacrificing to idols.
Matthew
26:52
When
Jesus is being arrested, Peter drew his sword and struck the servant
of the high priest, but Jesus told Peter to put his sword back into
its place and said, “For all those who take the sword will perish
by the sword." This verse cannot fairly be taken as a command
to people serving as agents of government ignoring who Peter was and
what his role was when this incident took place. Jesus was not
saying that no soldier or policeman should ever have weapons. He was
telling his disciple Peter not to attempt to resist those who were
arresting Jesus. (It's also interesting that Peter who had been
traveling with Jesus regularly for three years was carrying a sword
as many people did at that time for self-defense. Jesus never taught
that it was wrong to carry a sword for self-defense and seems to have
approved swords for this very purpose.)
In addition, Jesus did not tell Peter to give the sword away or
throw it away but to put its put it back in its place. It was
apparently right for Peter to carry the sword, just not to use it to
prevent Jesus’ arrest and crucifixion, so that, "all who take
the sword will perish by the sword" must mean that those who
take up the sword in an attempt to prevent the work of advancing the
kingdom of God will not succeed. If Jesus’ followers had attempted
to forcibly overthrow the Roman government as a means of advancing
their view of how the kingdom of God should proceed, Jesus is telling
them they would fail and "perish by the sword."
John
8:2-11
The
Old Testament commands the death penalty for the crime of adultery,
but in John
8:2-11
there is a story of a woman caught in adultery where Jesus says, "Let
him who is without sin among you be the first to throw stones at
her.” There are several reasons this passage does not support an
argument against the death penalty for murder. First, even if the
text is used to argue against the death penalty for adultery, it is
not a story about a murderer and therefore doesn’t address the use
of the death penalty for that crime. Second, the Roman government
prohibited anyone from carrying out the death penalty except the
Roman officials themselves, and here Jesus was not allowing himself
to be drawn into a situation where the Jewish leaders might use his
words to sanction the death penalty for this woman in contravention
of Roman law or, if he said the woman should be released, to appear
to be condoning adultery. Finally, the entire story
is in a passage of doubtful biblical origin.
God’s
actions
Another
argument against the death penalty is that God's own actions show
that murderers should not be put to death, because God himself spared
Cane after he murdered Abel
and spared the life of King David when David caused the death of
Bathsheba's husband, Uriah.
This argument conflates the responsibility of civil government with
the freedom of God. Of course God can pardon some people until the
day of final judgment and execute immediate judgment on others. We
see in other passages that God executed immediate judgment that ended
people’s lives as with the fire from heaven on Sodom and Gomorrah,
the flood,
Korah, Dathan and Abirim,
Nadab and Abihu
or Uzzah.
A
"whole life ethic"
Some
opponents of the death penalty have argued that Christians should
apply a "whole life ethic," in which they oppose all
intentional taking of human life including abortion, euthanasia,
capital punishment and war. Cardinal Bernardin of Chicago stated,
"The spectrum of life cuts across the issues of genetics,
abortion, capital punishment, modern warfare and care of the
terminally ill." Pope John Paul II also advocated this
position.
A
position does not become more meaningful by giving it a label ("whole
life ethic"). The fact that genetics, abortion, capital
punishment, modern warfare and care of the terminally ill all involve
“life” does not make them the same logically or biblically. This
kind of thinking can be used to support almost any position.
All
these arguments suffer from the same weakness. It is not sound
biblical interpretation to attempt to argue from "implications"
in passages that do not speak explicitly about a subject in order to
use them to deny the teaching of those passages that address the
subject directly. We need a “whole Bible ethic” faithful to the
teaching of the entire Bible on any subject.
4. Statements
in favor of repeal of capital punishment in New Hampshire
Senator
Bob Odell,
one of two Republicans who voted in favor of repeal, had previously
supported the death penalty, but said he could not explain an
execution to his grandchildren.
Boston
Globe
Death-penalty
prosecutions are expensive.
Verdicts
often reflect racial bias.
There’s little
evidence that executions actually deter violent crime.
A
state with a libertarian heritage like New Hampshire’s should
regard with deep suspicion a punishment that can only make sense if
the government has the right suspect 100 percent of the time.
In
response to the argument that prosecutors need the death penalty as
a bargaining tool, the editors said, "[T]hat’s among the
weakest of reasons to keep the death penalty, because it could serve
to coerce an innocent or less culpable defendant into taking a plea
bargain just to avoid the possibility of death."
Joseph
Nadeau and John Broderick
(two former justices of the New
Hampshire
Supreme Court)
The
death penalty lacks a deterrent effect, saying, "New Hampshire
has not executed anyone for three quarters of a century. Yet, it
registered the second lowest murder rate in the nation every year of
this century."
Murder
rates are higher in “heavy-use” death penalty states than is
states without the death penalty.
The
decision to seek the death penalty is often "random" and
"easily influenced by public opinion, political pressure and
media attention."
The
sentence of life without parole is an appropriate alternative,
protecting society and punishing the offender.
"Abolishing
the death penalty will not compromise public safety, but it may
replace rage with reason, retribution with self-respect, and enrich
the character of our people as a whole.”
Criminal
Justice Committee Chair
Laura
Pantelakos:
Racial
inequities in the system led her to change her vote, citing
different outcomes in recent cases for a black and a white
defendant.
Pantelakos,
who has a grandson about to become a police officer, asked,
“Why
is a police officer’s life more valuable than an engineer’s?”
Representative
Dennis Fields:
House
Majority Leader
Stephen
Shurtleff:
Shurtleff
said,
“I would like to think with age comes wisdom. So today I will be
voting for repeal.”
He
added after the vote, “It really is a barbaric practice and the
time is now to put it aside, and I think to give somebody life
imprisonment so they can think every day about what they’ve done
is more of a punishment than ending their life.”
Republican
Representative
Robbie Parsons:
Representative
Renny Cushing:
The
sponsor of the bill, said, “I view them now as the voice of
experience, and how our thinking has changed in New Hampshire and
the rest of the country.”
John
Breckenridge (former
partner of the police officer murdered by the only inmate currently
on death row in New Hampshire – Michael Addison):
"Given
the Catholic view on the sanctity of life and our modern prison
system and the means we have to protect society, it became clear to
me that as a Catholic I could not justify the very pre-meditated act
of executing someone who – for all the evil of his crime and all
the permanent hurt he caused others – still lives in the
possibility of spiritual redemption. That’s where my journey
brought me. Do I want to visit Michael Addison or invite him into my
home? I do not. Do I occasionally pray for him and his family? I
do."
Bernice
King (the
youngest daughter of Martin Luther King, Jr.):
"I
can’t accept the judgment that killers need to be killed, a
practice that merely perpetuates the cycle of violence."
King
called the death penalty "unworthy of a civilized society,"
and warned that "retribution cannot light the way to the
genuine healing that we need in the wake of heinous acts of
violence."
King
pointed to the number of people freed from death row after being
exonerated as "evidence that mistakes can and do get made in a
justice system run by fallible human beings."
King
invoked her father's message of nonviolence, quoting from his Nobel
Prize acceptance speech, “'Nonviolence is the answer to the
crucial political and moral questions of our time: the need for man
to overcome oppression and violence without resorting to oppression
and violence.'"
The
Concord
Monitor
of
New
Hampshire:
The
paper contrasted the case of Michael Addison, the state's only death
row inmate, to that of John Brooks, who was convicted of hiring
three hit-men to kill a handyman, whom Brooks believed had stolen
from him. Brooks received a sentence of life without parole. The
Monitor
noted, "Brooks was rich and white; Addison was poor and
black.... Addison’s victim had the full force of New Hampshire law
enforcement watching every twist and turn of the case; Brooks’s
victim was little known and quickly forgotten. Different lawyers,
different juries, different cases. But it’s difficult not to step
back and wonder about the fairness of it all."
"New
Hampshire hasn’t used its death penalty in more than 70 years. We
will be a better, fairer, more humane state without it."