The Death Penalty

Until recently, I have never felt the need or the desire to write about the death penalty. It is not exactly a topic that I or anyone I know is yearning to discuss. But recent conversations, the tragic, coldblooded, and evil murder of a Kentucky State Policeman by a career criminal, and the horrible, botched execution of a convicted, coldblooded, violent murderer by Tennessee prison officials changed my mind and led me to discuss the death penalty issue in this blog.

My young adult son asked me recently if I supported the death penalty. I had no hesitation in responding that I did indeed support the death penalty. I am very much aware that my view in support of the death penalty is in some sense a countercultural view not shared in many quarters. While I believe this disapproval of the death penalty is unfortunate, in some sense, I understand the disapproval because the death penalty is a serious and irreversible action which should never be undertaken lightly.  But as I explained to my young adult son, my view in support of the death penalty is largely based on God’s word in Scripture. In Genesis Chapter 9:6 God states that “Whoever sheds the blood of man by man shall his blood be shed, for God made man in his own image.” God takes the intentional murder of one person by another seriously and so should American society. But some may say that Genesius 9:6 is from the Old Testament and surely the New Testament must have a different view of capital punishment. Sorry to disappoint but this is not the case. In Romans Chapter 13:3-5 the Apostle Paul writes as follows: “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, for he is God’s servant for doing 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 wrong doer. Therefore, one must be in subjection, not only to avoid God’s wrath but also for the sake of conscience.” I understand that opponents of the death penalty may seek to fashion an argument that Scripture opposes the death penalty. However, I do not believe any fair reading and interpretation of Scripture leaves that argument available to them.

I understand that it is far easier to discuss the death penalty from a theological perspective in the comfortable confines of a classroom or house of worship than it would be to face the issue head on in real time in a court of law. But I was faced with that challenge as a juror in a capital murder case in the mid 1980s. The facts in the case were simple but horrific. Two restaurant employees waited until the restaurant closed and then required a restaurant assistant manager to open the restaurant safe and remove $250.00 in cash. They then kidnapped the assistant manager at knife point, tied and bound him, and drove him to a remote wooded area where they stabbed him multiple times and dumped his body in a shallow lake. For these egregious acts my fellow jurors and I convicted the two men of first-degree robbery, kidnapping, and murder and sentenced them to death.  Was this an easy task for the men and women on the jury? Of course not. It was gut wrenching in everyway possible. But I am certain not nearly as gut wrenching as it was for the restaurant assistant manager who was robbed, kidnapped and brutally murdered. On appeal, the sentence for the two men was overturned on a technicality because the state supreme court held that the two men should have been tried separately. Following this decision, one of the men pled guilty to all charges and was sentenced to life in prison. The other man was retried and convicted of all charges and then sentenced to life in prison.

For anyone reading my blog who wishes to consider the death penalty from a purely public policy perspective, I have a few thoughts. To be sure, the death penalty is the ultimate penalty which can be imposed under the rule of law by a country. But what does the death penalty accomplish and what are the merits in favor of the death penalty? The obvious benefit of the death penalty is the assurance that the recipient of the death penalty is never able to commit any future crimes against any victims. The death penalty also provides some measure of justice and closure for the prior victims and their families for the crimes committed by the death penalty recipient. Moreover, the imposition of the death penalty sends a clear message that a society regards human life seriously and takes violent criminal acts against others seriously with the hope that anyone inclined to commit a heinous crime in the future may be given pause in so doing in consideration of the fact that the commission of such a crime might result in the imposition of the death penalty.

So where do we go from here on the death penalty? Provided that anyone accused of a capital crime which carries with it the possible imposition of the death penalty receives due process and competent legal representation, I see no reason why a jury (or judge in certain jurisdictions) should not have the option of imposing the death penalty which should then be administered promptly, humanely and effectively without error or mistake. The State of Tennessee has tragical demonstrated how not to handle the administration of the death penalty in their horribly flawed attempt to execute convicted murderer Christa Pike. I also take issue with the idea of publicly streaming a death penalty execution. This action would likely diminish public support for the death penalty which would be unfortunate. I remain convinced that the death penalty is endorsed and permitted by Scripture and serves important public policy objectives for a society which observes the rule of law in the protection of its citizens.

God bless you and thank you for the privilege of your time in reading my blog.

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