The Church at large is giving serious thought to capital punishment. Church councils and denominational assemblies are making strong pronouncements against it. We are hearing such arguments as: “Capital punishment brutalizes society by cheapening life.” “Capital punishment is morally indefensible.” “Capital punishment is no deterrent to murder.” “Capital punishment makes it impossible to rehabilitate the criminal.”
But many of us are convinced that the Church should not meddle with capital punishment. Church members should be strong in supporting good legislation, militant against wrong laws, opposed to weak and partial law enforcement. But we should be sure that what we endorse or what we oppose is intimately related to the common good, the benefit of society, the establishment of justice, and the upholding of high moral and ethical standards.
There is a good reason for saying that opposition to capital punishment is not for the common good but sides with evil; shows more regard for the criminal than the victim of the crime; weakens justice and encourages murder; is not based on Scripture but on a vague philosophical system that makes a fetish of the idea that the taking of life is wrong, under every circumstance, and fails to distinguish adequately between killing and murder, between punishment and crime.
Capital punishment is a controversial issue upon which good people are divided, both having high motives in their respective convictions. But capital punishment should not be classified with social evils like segregation, racketeering, liquor traffic, and gambling.
These evils are clearly antisocial, while capital punishment is a matter of jurisprudence established for the common good and benefit of society. Those favoring capital punishment are not to be stigmatized as heartless, vengeful, and lacking in mercy, but are to be respected as advocating that which is the best for society as a whole. When we stand for the common good, we must of necessity be strongly opposed to that behavior which is contrary to the common good.
OLD TESTAMENT ON CAPITAL PUNISHMENT
From time immemorial the conviction of good society has been that life is sacred, and he who violates the sacredness of life through murder must pay the supreme penalty. This ancient belief is well expressed in Scripture: “Only you shall not eat flesh with its life, that is, its blood. For your lifeblood I will surely require a reckoning; of every beast I will require it and of man; of every man’s brother I will require the life of man. Whoever sheds the blood of man, by man shall his blood be shed; for God made man in his own image” (Gen. 9:4–6, RSV). Life is sacred. He who violates he law must pay the supreme penalty, just because life is sacred. Life is sacred since God made man in His image. There is a distinction here between murder and penalty.
Many who oppose capital punishment make a strong argument out of the Sixth Commandment: “Thou shalt not kill” (Exod. 20:13). But they fail to note the commentary on that Commandment which follows: “Whoever strikes a man so that he dies shall be put to death.… If a man wilfully attacks another to kill him treacherously, you shall take him from my altar that he may die” (Exod. 21:12, 14). It is faulty exegesis to take a verse of Scripture out of is context and interpret it without regard to its qualifying words.
The Exodus reference is not the only one referring to capital punishment. In Leviticus 24:17 we read: “He who kills a man shall be put to death.” Numbers 35:30–34 goes into more detail on the subject: “If any one kills a person, the murderer shall be put to death on the evidence of witnesses; but no person shall be put to death on the testimony of one witness. Moreover you shall accept no ransom for the life of a murderer who is guilty of death; but he shall be put to death.… You shall not thus pollute the land in which you live; for blood pollutes the land, and no expiation can be made for the land, for the blood that is shed in it, except by the blood of him who shed it. You shall not defile the land in which you live, in the midst of which I dwell; for I the Lord dwell in the midst of the people of Israel.” (Compare Deut. 17:6–7 and 19:11–13.)
Deuteronomy 19:4–6, 10 distinguishes between accidental killing and wilful murder: “If any one kills his neighbor unintentionally without having been at enmity with him in time past … he may flee to one of these cities [cities of refuge] and save his life; lest the avenger of blood in hot anger pursue the manslayer and overtake him, because the way is long, and wound him mortally, though the man did not deserve to die, since he was not at enmity with his neighbor in time past.… lest innocent blood be shed in your land which the Lord your God gives you for an inheritance, and so the guilt of bloodshed be upon you.”
The cry of the prophets against social evils was not only directed against discrimination of the poor, and the oppression of widows and orphans, but primarily against laxness in the administration of justice. They were opposed to the laws being flouted and criminals not being punished. A vivid expression of the prophet’s attitude is recorded in Isaiah: “Justice is turned back, and righteousness stands afar off; for truth has fallen in the public squares, and uprightness cannot enter.… The Lord saw it and it displeased him that there was no justice. He saw that there was no man, and wondered that there was no one to intervene; then his own arm brought him victory, and his righteousness upheld him. He put on righteousness as a breastplate, and a helmet of salvation upon his head; he put on garments of vengeance for clothing and wrapped himself in a fury as a mantle. According to their deeds, so will he repay, wrath to his adversaries, requital to his enemies.” (Isa. 59:14–18).
NEW TESTAMENT ON CAPITAL PUNISHMENT
The teachings of the New Testament are in harmony with the Old Testament. Christ came to fulfill the law, not to destroy the basic principles of law and order, righteousness and justice. In Matthew 5:17–20 we read: “Think not that I have come to abolish the law and the prophets; I have come not to abolish them but to fulfill them. For truly, I say to you, till heaven and earth pass away, not an iota, not a dot, will pass from the law until all is accomplished.… For I tell you, unless your righteousness exceeds that of the scribes and Pharisees, you will never enter the kingdom of heaven.”
Then Christ speaks of hate and murder: “You have heard that it was said to the men of old, ‘You shall not kill; and whoever kills shall be liable to judgment [capital punishment].’ But I say to you that everyone who is angry with his brother shall be liable to judgment [capital punishment]” (Matt. 5:21–22). It is evident that Jesus was not condemning the established law of capital punishment, but was actually saying that hate deserved capital punishment. Jesus was not advocating doing away with capital punishment but urging his followers to live above the law so that law and punishment could not touch them. To live above the law is not the same as abrogating it.
The Church, the Body of Christ, has enough to do to evangelize and educate society to live above the law and positively to influence society to high and noble living by maintaining a wide margin between right and wrong. The early Christians did not meddle with laws against wrong doing. Paul expresses this attitude in his letter to the Romans: “Therefore, he who resists the authorities resists what God has appointed, and those who resist will incur judgment. For rulers are not a terror to good conduct, but to bad.… 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; he is the servant of God to execute his wrath on the wrongdoer” (13:2–4).
The early Christians suffered many injustices and were victims of inhuman treatment. Many became martyrs because of their faith. Consequently, they were often tempted to take the law in their own hands. But Paul cautioned them: “Beloved, never avenge yourselves, but leave it to the wrath of God; for it is written, ‘Vengeance is mine, I will repay, says the Lord.’ No, ‘if your enemy is hungry, feed him; if he is thirsty, give him drink; for by so doing you will heap burning coals upon his head’ ” (Rom. 12:19–21).
There is not a hint of indication in the New Testament that laws should be changed to make it lenient for the wrongdoer. Rather the whole trend is that the Church leave matters of justice and law enforcement to the government in power. “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” (Rom. 13:1). Note the juxtaposition of love to enemies with a healthy respect for government. The Christian fellowship is not to take law in its own hands, for God has government in his economy in order to take care of matters of justice.
Jesus’ words on loving one’s enemies, turning the other cheek, and walking the second mile were not propaganda to change jurisprudence, but they were meant to establish a new society not merely made up of law-abiding citizens but those who lived a life higher than the law, so that stealing, adultery, and murder would become inoperative, but not annulled. The law of love, also called the law of liberty, was not presented to do away with the natural laws of society, but to inaugurate a new concept of law written on the heart where the mainsprings of action are born. The Church is ever to strive for superior law and order, not to advocate a lower order that makes wrongdoing less culpable.
Love and mercy have no stability without agreement on basic justice and fair play. Mercy always infers a tacit recognition that justice and rightness are to be expected. Lowering the standards of justice is never to be a substitute for the concept of mercy. The Holy God does not show mercy contrary to his righteousness but in harmony with it. This is why the awful Cross was necessary and a righteous Christ had to hang on it. This is why God’s redemption is always conditioned by one’s heart attitude. There is no forgiveness for anyone who is unforgiving. “Forgive us our debts, as we forgive our debtors” (Matt. 6:12). There is no mercy for anyone who will not be merciful. “Blessed are the merciful for they shall obtain mercy” (Matt. 5:7). There is striking similarity to these verses in Psalm 18:25–26: “With the loyal thou dost show thyself loyal; with the blameless man thou dost show thyself blameless; with the pure thou dost show thyself pure; and with the crooked thou dost show thyself perverse.”
Professor C. S. Lewis in his recent book Reflections on the Psalms deals with the difficult subject of the spirit of hatred which is in some of the Psalms. He points out that these hatreds had a good motivation. “Such hatreds are the kind of thing that cruelty and injustice, by a sort of natural law, produce.… Not to perceive it at all—not even to be tempted to resentment—to accept it as the most ordinary thing in the world—argues a terrifying insensibility. Thus the absence of anger, especially that sort of anger which we call indignation, can, in my opinion, be a most alarming symptom.… If the Jews cursed more bitterly than the Pagans this was, I think, at least in part because they took right and wrong more seriously.”
Vindictiveness is a sin, but only because a sense of justice has gotten out of hand. The check on revenge must be in the careful and exact administering of justice by society’s government. This is the clear teaching of Scripture in both the Old and New Testaments. The Church and individual Christians should be active in their witness to the Gospel of love and forgiveness and ever lead people to the high law of love of God and our neighbors as ourselves; but meanwhile wherever and whenever God’s love and mercy are rejected, as in crime, natural law and order must prevail, not as extraneous to redemption but as part of the whole scope of God’s dealings with man.
The argument that capital punishment rules out the possibility of repentance for crime is unrealistic. If a wanton killer does not repent when the sentence of death is upon him, he certainly will not repent if he has 20 to 50 years of life imprisonment ahead of him.
We, who are supposed to be Christian, make too much of physical life. Jesus said, “And do not fear those who kill the body but cannot kill the soul; rather fear him who can destroy both soul and body in hell” (Matt. 10:28). Laxness in law tends to send both soul and body to hell. It is more than a pious remark when a judge says to the condemned criminal: “And may God have mercy on your soul.” The sentence of death on a killer is more redemptive than the tendency to excuse his crime as no worse than grand larceny.
It is significant that when Jesus voluntarily went the way of the Cross he chose the capital punishment of his day as his instrument to save the world. And when he gave redemption to the repentant thief he did not save him from capital punishment but gave him Paradise instead which was far better. We see again that mercy and forgiveness are something different than being excused from wrongdoing.
No one can deny that the execution of a murderer is a horrible spectacle. But we must not forget that murder is more horrible. The supreme penalty should be exacted only after the guilt is established beyond the shadow of a doubt and only for wanton, willful, premeditated murder. But the law of capital punishment must stand, no matter how often a jury recommends mercy. The law of capital punishment must stand as a silent but powerful witness to the sacredness of God-given life. Words are not enough to show that life is sacred. Active justice must be administered when the sacredness of life is violated.
It is recognized that this article will only impress those who are convinced that the Scriptures of the Old and New Testament are the supreme authority of faith and practice. If one accepts the authority of Scripture, then the issue of capital punishment must be decided on what Scripture actually teaches and not on the popular, naturalistic ideas of sociology and penology that prevail today. One generation’s thinking is not enough to comprehend the implications of the age-old problem of murder. We need the best thinking of the ages on how best to deal with crime and punishment. We need the Word of God to guide us.
Jacob J. Vellenga served on the National Board of Administration of the United Presbyterian Church from 1948–54. Since 1958 he has served the United Presbyterian Church in the U.S.A. as Associate Executive. He holds the A.B. degree from Monmouth College, the B.D. from Pittsburgh-Xenia Seminary, Th.D. from Southern Baptist Theological Seminary, and D.D. from Monmouth College, Illinois.
With Jonah
Only a single cooling plant Surrounds our turmoiled minds; A worm and wind drive us to death. We cry. And God cries, “You love my plant? I love your people Discerning not their right hand from their left!”
We sit and watch and wonder in our little booths of self, Discerning not our right hand from our left While Nineveh repents.
J. HERBERT FRETZ
