Southeastern Baptist Theological Seminary

IN THE IMAGE OF GOD: A CHRISTIAN DEFENSE OF STATE SANCTIONED CAPITAL PUNISHMENT

A Research Paper Presented to Dr. In Partial Fulfillment of the Requirements for ETH5100: Introduction to Christian Ethics

by

May 5, 2012

Since 1984, evangelicals have observed sanctity of human life Sunday on the Sunday that falls closest to January 22ndthe day on which the United States Supreme Court legalized abortion in 1973 as a way to draw attention to the more than one million abortions performed each year in the United States.1 Evangelicals oppose abortion because all humans are created in the image of God (Gen. 1:27), thereby making all human life sacred. But at the same time, close to 70 percent of evangelicals also support capital punishment.2 On the surface, at least, this appears to be an inconsistent ethic, even though state sanctioned capital punishment has been largely accepted within the Judeo-Christian tradition. But in recent decades support has eroded among an increasing number of Christian adherents, who have been unable to reconcile this apparent dichotomy with any satisfaction. A growing number of Christian voices are speaking out against capital punishment on the belief that it is inconsistent with the sanctity of human life and with the teachings of Jesus. In light of this trend, this brief work will attempt to summarize some of the key historical, secular, and biblical arguments that have been a part of the moral discussion of capital punishment within the Judeo-Christian tradition. The goal of this project is to provide the reader with the material needed in order to develop an informed Christian ethic of capital punishment, as well as to suggest a general trajectory for the discussion.

Rachel K Jones and Kathryn Kooistra. 2011. "Abortion Incidence and Access to Services In the UnitedStates, 2008." Perspectives On Sexual & Reproductive Health 43, no. 1: 41-50. Academic Search Premier, EBSCOhost (accessed May 5, 2012), 41. Pew Research Center, Pew Research Center for the People & the Press, Pew Research Center, http://www.people-press.org/2012/01/06/continued-majority-support-for-death-penalty/1-6-12-4/ (accessed May 5, 2012). At least 67 percent of Evangelicals and 77 percent of white evangelicals support capital punishment.
2

Historical Position of the Church The body of surviving literature from the early church era is scant on the topic at hand. However, on the whole the early church generally recognized the right of the state to punish by death. Tertullian is often viewed as an opponent to capital punishment, but in On the Soul, he invoked Romans 13 in acknowledgement that rulers have the power of the sword.3 Clement of Alexandria and Origen both explicitly condoned state sanctioned capital punishment for the purpose of protecting society.4 Finally, Augustine defended the use of capital punishment in comments he made on Romans 13, and in The City of God.5 During the Middle Ages, as the church and state became intertwined across Europe, the use of capital punishment increased greatly, giving way to a very bloody and unfortunate period in church history which saw the use of capital punishment abused by the church and state. Nevertheless, a few theologians offered a more biblical view toward the end of this era. The Catholic theologian Thomas Aquinas wrote in defense of capital punishment on the basis that the state has the right to protect the welfare of its citizens.6 And Reformation theologians, Martin Luther and John Calvin, each understood this right as a biblical principle. Calvin gave a sound defense of capital punishment in his commentary on Romans 13:4 and in his Institutes of the Christian Religion.7 But others, though small in number, believed the practice of capital punishment was not aligned with the teachings of Jesus, and therefore unacceptable to the
3

James J. Megivern, The Death Penalty: An Historical and Theological Survey (New York: Paulist Press, Ibid., 22-23. William H. Baker, On Capital Punishment (Chicago: Moody Press, 1985), 10-11. Ibid., 12.

1997), 22.
4

Baker, On Capital Punishment, 13-14. In Institutes, Calvin remarks, The law of the Lord forbids killing; but, that murders may not go unpunished, the Lawgiver himself puts into the hand of his ministers a sword to be drawn against all murders.
7

Christian faith. Menno Simons, whose followers became the Mennonites, argued that capital punishment robbed its victims of the opportunity to repent and did not exude the compassionate nature of Jesus.8 The views of Simons would be adopted by more during the modern era. The modern era coincided with the rise of Enlightenment thought and rationalism, which produced a bevy of secular and philosophical arguments against the death penalty. Meanwhile, the dominant view of the church, Protestant and Catholic alike, generally held to the traditional views of Calvin, Aquinas, and the early church through the middle of the twentieth century.9 But Protestants have since splintered into liberal and conservative factions; with liberal groups generally opposing capital punishment, while most conservative Protestants continue to hold to the traditional position of the church.10 In recent decades a shift has occurred in Roman Catholic thought, led by Cardinal Joseph Bernardin , who advocated for a consistent ethic of life, that sought to extend the doctrine of the sanctity of life to cover all of human lifefrom conception to death.11 Bernardin also believed that capital punishment was irreconcilable with the teachings of Christ.12 However, despite the position of Bernardin and the U.S. Catholic bishops, the Roman Catholic Church has not officially renounced its long standing defense of state sanctioned capital punishment. So at the dawn of the twenty-first century there is no consensus across the full spectrum
8

Megivern, The Death Penalty, 201.

A growing number began to adopt the teachings of Simons such that at various times calls for abolition arose from various Christian voices in Europe and the U.S. Baker, On Capital Punishment, 22. Baker cites no less than 18 U.S. Protestant religious bodies that formally denounced capital punishment between 1956 and 1977. Aharon W. Zorea, In the Image of God: A Christian Response to Capital Punishment (Lanham, Maryland: University Press of America, 2000), 225. Glen H. Stassen, ed., Capital Punishment: A Reader (The Pilgrim Library of Ethics. Cleveland: Pilgrim Press, 1998), 152. Among other things, Bernardin cites Luke 23:24 and the biblical imperative of reconcilliation.
12
11 10

of Christianity. Liberal Protestants and pacifist sects oppose capital punishment on the belief that it is inconsistent with the life and teachings of Jesus. Some Roman Catholic clergy have argued against the official position of the church in recent decades, and by and large the church has relaxed its stance by calling for clemency in some high profile cases. Meanwhile, conservative Protestants for the most part maintain that God has given the state the right to execute those who have taken the life of another human being, which has been the traditional position of the church.

Arguments in Favor of Capital Punishment Secular proponents of capital punishment argue from two basic premises: (1) it is a deterrent and protection for society; and (2) that it is a just punishment in proportion to the seriousness of the crime.13 Undergirding these premises is the fundamental belief that the state has not only the right, but a duty, to impose a just punishment. It should be noted here that a common synonym for justice is the word fairness.14 Thus, supporters of capital punishment claim that it is perfectly fair for one to lose his life if he takes the life of another. The deterrent argument rests upon the fact that many murders are carried out after considerable planning and consideration. Proponents argue that the threat of death, indeed the likelihood of death, should be one such consideration for potential murderers.15 Proponents point out that the entire criminal justice system is predicated on deterrence, and that it does not prevent all crime.16 Likewise, they concede that deterrence does not prevent all murders, and so the

Michael Kronenwetter, Capital Punishment: A Reference Handbook.(Santa Barbara:ABC-CLIO Publishers,1993), 5. Michael E. Endres, The Morality of Capital Punishment: Equal Justice under the Law? (Mystic, Conn.: Twenty-third Publications, 1985),28.
15 14

13

Kronenwetter, Capital Punishment: A Reference Handbook, 4.

Hugo Adam Bedau and Paul G.Cassell, eds., Debating the Death Penalty (New York: Oxford University Press, 2004), 189-190.

16

question is not whether the death penalty deters every murder, only whether it deters some murders.17 And they point to declining murder rates in states that aggressively enforce the death penalty, and increasing murder rates in states that rarely use the death penalty, as evidence that capital punishment is in fact an effective deterrent.18 With respects to justice, proponents say that capital punishment vindicates the fundamental moral principles that a criminal should receive his just desserts.19As crass as that may sound, the point is that every punishment should fit the crime. This view recognizes that the state has a legitimate role in exacting justice for the victim of heinous crimes. And capital punishment, it is said, is in proportion to the act of murder. Further, proponents argue that since murder is an altogether different kind of crime than burglary or armed robbery, justice demands that the punishment for murder should be an altogether different kind of punishment.20

Biblical Arguments Christians who support capital punishment believe that God has given the civil authorities the right to punish criminals as a means to exact justice, protect society, and restrain sin. The most common texts that proponents use in defense of capital punishment are Genesis 9:5-6, the Mosaic Law, and Romans 13:1-7. The theological foundation that underpins these arguments is that humans are created in Gods image (Gen.1:27). The murder of an image bearer of God, then, is considered to be at attack on God and on his sovereignty over life.21
17

Ibid. Ibid., 193. Ibid., 197. Ibid. James P. Eckman, Biblical Ethics:Choosing Right in a World Gone Wrong (Wheaton: Crossway Books,

18

19

20

21

2004),68.

Genesis 9:5-6 says that God will demand from each man an accounting for the life of his fellow man. Whomever sheds the blood of man, by man shall his blood be shed; for in the image of God has God made man (NIV). In these verses God reiterates the sacred value of human life and says the murder of innocent life demands like punishment, commonly referred to as the biblical principle of talionic justice.22 Talionic justice is not viewed by proponents as harsh, but instead it is believed to be inherently fair and just, for it requires the punishment to fit the crime. The Mosaic Law allowed for capital punishment for many crimes other than murder. And most Christians do not appeal for its many uses of capital punishment to be reinstated in a modern context. But what the law does show, proponents say, is that God authorizes the authorities to administer capital punishment. They also point out that the widening use of capital punishment under the Mosaic Law demonstrates that the sixth commandment (Thou shalt not kill, KJV), which is a part of the Mosaic Law, obviously does not prohibit all forms of killing, but that some forms of killing, such as capital punishment, are in fact authorized by God.23 Proponents say the Hebrew word translated kill in the KJV, is better translated murder and that the sixth commandment has in view violent, willful, and malicious assault upon human life24 Finally, Romans 13:1-7 is appealed to as further proof that God has given the state the right to govern and administer justice. More important for the discussion at hand is verse 4, where Paul refers to the civil authorities as Gods servants who bear the sword as agents of wrath to bring punishment on the wrongdoer. Proponents argue that the Greek word machaira
22 23 24

Ibid. John M. Frame, Doctrine of the Christian Life (Phillipsburg, New Jersey: P & R, 2008), 701. Baker, On Capital Punishment, 46

(sword), refers to both a sword used in battle and a sword used for executions.25And since executions are most likely in view in this context, proponents say it supports the idea that God has authorized the state to use capital punishment. Arguments against Capital Punishment Those opposed to the death penalty argue against the two chief claims of proponents. With regards to deterrence, opponents are quick to cite a body of statistics indicating that capital punishment is no deterrent at all. In fact, Albert Camus, in his Reflections on the Guillotine, argued that the death penalty might have the opposite result. In his research of capital punishment in nineteenth century England, he noted that of 250 persons hanged, 170 had witnessed at least one public execution. And in 1886, of 167 men condemned to death in Bristol prison, 164 of them had witnessed at least one execution.26 And death penalty opponents in modern America point to high murder rates nationally as evidence that the death penalty does not deter murder.27 These statistics, critics say, indicate that the death penalty is not a deterrent, but instead it is a violent act that merely begets more violence. Death penalty opponents also argue that capital punishment is arbitrarily and unfairly administered, and therefore inherently unjust. Indeed, few deny that the lower class, poor, and African American communities are disproportionately the hardest hit and most often the target of capital punishment.28 It is argued that these groups cannot afford adequate legal counsel, and
25

Eckman, Biblical Ethics:Choosing Right in a World Gone Wrong, 69. Lloyd Steffen, Executing Justice: The Moral Meaning of the Death Penalty (Cleveland: PilgrimPress, Bedau and Cassell, Debating the Death Penalty, 26-27. 22,000 homicides annualy during the 1990s.

26

1998), 56.
27 28

Alexander Williams."Christian ethics and capital punishment: a reflection." Journal Of Religious Thought 49, no. 1 (June 1, 1992): 59-77. ATLA Religion Database with ATLASerials, EBSCOhost (accessed January 31, 2012), 63.

therefore many who would not be sentenced to death if properly represented are convicted and sent to death row. And opponents cite high numbers of exonerations of previously convicted murderers as further evidence of the unjust legal system.29 Thus, they argue that since capital punishment fails to meet the very reasons cited for its existence, it should therefore be abolished. Biblical Arguments As already noted, Christians who oppose the death penalty argue that it is inconsistent with the life and teachings of Jesus. They cite broad New Testament themes of love, forgiveness, redemption, reconciliation, and compassion as a starting point for Christian ethics.30 Christian opponents cite a number of New Testament passages that they believe supersede the Old Testament teaching on capital punishment with the principle of grace.31 The most often cited texts are Matthew 5:33-48; Romans 12:14-19; John 8:3-11. In Matthew 5:38-48, Jesus says You have heard Eye for eye, and tooth for a tooth. But I tell youIf someone strikes you on the cheek, turn to him the other also.(Matt. 5:38-39). Jesus goes on to say, Love your enemies and pray for those who persecute you.(Matt. 5:44). Some have said that in these verses Jesus repudiates the principle of talionic justice, and in his call to love you enemies he is demanding clemency to those accused of capital crimes.32 Paul seemingly echoes Jesus revocation of talionic justice in Romans 12:14; 17, when he says, Bless those who persecute you (v.14) and, Do not repay anyone evil for evil(v.17). Then, in verse 19, he cites from Deuteronomy 32:35 when he says, Do not take revengebut

29

Bedau and Cassell, Debating the Death Penalty, 158; 167-168. More than 100 exonerations as of 2003. Williams, Christian ethics and capital punishment, 66- 67. Baker, On Capital Punishment, 22. Lloyd R. Bailey, Capital Punishment: What the Bible Says (Nashville: Abington Press, 1987), 74.

30

31

32

leave room for Gods wrath, for it is written: it is mine to avenge; I will repay, says the Lord. John 8:1-11 is perhaps the most frequently cited text by Christians opposed to capital punishment. The story is of a woman arrested in the act of adultery, a clear violation of Jewish law that was punishable by death (Lev.20:20). The religious leaders brought her to Jesus and asked him if they should put her to death as the law required (John 8:5). Jesus did not invoke the death penalty, instead he emphatically proclaimed that he did not condemn her (John 8:11). Jesus, it is argued, abrogated the death penalty and elevated the principles of forgiveness and redemption in this text. Some say this is a model for how Christ-followers should Be like Jesus, and set aside the demands of the death penalty.33 Conclusion So far this work has tried to present a fair representation of the arguments both for and against capital punishment and provide an understanding of how the church has dealt with this issue over the centuries. What follows is an interaction with the above arguments in an attempt to resolve the apparent tensions and arrive at a Christ-honoring ethic of capital punishment. The John 8 passage is wrought with trouble for Christians who believe that Jesus abrogated capital punishment in that narrative.34 First, there is a standing rule of interpretation in rabbinic tradition that cautions against deducting ethical principles from narrative texts. Instead, the rule is that ethical principles should be gleaned from formal teachings.35 This text is a good illustration of the importance of that principle of interpretation. The main emphasis is on the

33

Bailey, Capital Punishment, 69.

I argue from the belief and full acceptance of the historicity and canonization of this text, but I do question its authorship (Luke vs. John). Nevertheless, I accept that it is part of divinely inspired Scripture and authoritative. Bailey, 70. Thats not to say that ethical principles can never be deduced from narrative, but one should use caution.
35

34

10

motives of those who brought the woman to Jesus and has nothing to do with capital punishment. The degree of punishment attached to the charge is irrelevant. By way of illustration, assume they brought her to Jesus on a different charge that only demanded a fine as punishment. If so, could one argue that Jesus abrogated all fines as a form of acceptable punishment?36 The most one could argue is that Jesus here set aside capital punishment for adultery, but even that is difficult to maintain given the shameful attempt by Jesus opponents to entrap him. It is their actions that are most plainly in view in the narrative. With regards to Jesus apparent repudiation of talionic justice in Matthew 5, it must be noted that Jesus ethical teachings in this context is directed to the attitudes and behaviors of individuals in their social interactions on a daily basis. This teaching has no bearing on what to do with criminals. And besides, that power rested with the Roman authorities.37 The Romans 12 text is quite similar. There Paul is also giving instruction to individual believers and how they should respond when they are mistreated. Paul says they are not to seek justice or revenge on their own. And a few verses later Paul says that the sovereign power to punish has been given to the state, including the right to punish by the sword (13:1-11). So there is nothing in the New Testament to suggest that state sanctioned capital punishment was overturned by Jesus or his disciples. To the contrary, Jesus recognized the Godordained authority of the state to exist and to administer justice (Luke 20:25; John 19:10-11), as did the apostles Paul and Peter (Rom.13:1-11; 1 Peter 2:13-17). The question, then, is not if Christians can support capital punishment, but rather for what crimes should Christians support the use of capital punishment. The Mosaic Law, which

36

Ibid., 71 Ibid., 76.

37

11

permitted capital punishment for such things as disobedient children (Deut. 21:18-21); breaking the Sabbath (Ex. 35:2); homosexuality (Lev.20:13) and a host of other offenses, was intended to legislate the holiness of theocratic Israel as she lived among her pagan neighbors. Thus, these punishments must be viewed as civil penalties that were for the nation of Israel in that particular context and not binding on Christians. Although the laws and punishments do offer much in the way of instruction for modern Christians in that they teach the seriousness of sin. However, there is one capital crime in the Mosaic Law that also transcends the Mosaic Law. And that is murder. It is instructive to note that in some capital cases in the Mosaic Law provisions were made that allowed for the accused to pay a monetary compensation instead of receiving death, but no such provision is allowed for premeditated murder (Det. 19:11-13).38 For such a crime, death was the only accepted punishment. But this punishment also pre-dates theocratic Israel in the mandate of Gen. 9:5-6, where God demands capital punishment in the case of murder, because the murder of an image bearer of God is an attack on God. The violation or destruction of that image cannot go unpunished, therefore the murderers blood must be required.39 This speaks to just how precious human beings are in the sight of God. Humans are so precious that God does not desire that anyone lose their life by way of cold blooded murder. God, in effect, instituted capital punishment as a deterrent in order to protect the very life that he created in his own image. In sum, the totality of Scripture points to God instituting both the power of the state to administer justice, and the death penalty as a just punishment for murder. Thus Christians can, in good conscious, support state sanctioned capital punishment for the offense of murder.

38

Ibid., 72. Baker, On Capital Punishment, 37.

39

12

Application Of course in modern America it is not always easy for Christians to condone capital punishment in light of the imperfections of the judicial process. One cannot help but wonder how many innocent people have been put to death in the United States, let alone other countries like Iran and the former Soviet Union. But Christians must remember that the world is fallen and imperfect, and that God, in his sovereign wisdom, has given the state the authority to protect its citizens by way of administering justice. In the United States, Christians have the opportunity to advocate for fairness in the judicial process and they should exercise that right more often. It is sad that a more concerted effort has not been made on the part of evangelicals to push for reforms of a justice system that is known to have wrongly convicted people and sentenced them to death. Indeed, Christians who seek to have a consistent ethic of the sanctity of human life should pursue justice for both the unborn and the unjustly condemned with equal vigor. But the Bible is clear that for those who are without question guilty of murder, that capital punishment is appropriate and expected because they have attacked the image of God and spilled innocent blood. For those who are guilty of such an offense, Christians can seek to minster to them by sharing the gospel in the hope that they might repent and turn to God in faith and receive the righteousness of Christ, through which they will find forgives for the transgressions of this life.

Bibliography Bailey, Lloyd R. Capital Punishment: What the Bible Says. Nashville:Abington Press, 1987. Baker, William H. On Capital Punishment. Chicago: Moody Press, 1985. Bedau, Hugo Adam and Paul G.Cassell, eds. Debating the Death Penalty. New York: Oxford University Press, 2004. Eckman, James P. Biblical Ethics:Choosing Right in a World Gone Wrong. Wheaton: Crossway Books, 2004. Endres,Michael E. The Morality of Capital Punishment: Equal Justice Under the Law? Mystic, Conn.: Twenty-Third Publications,1985. Frame, John M. The Doctrine of the Christian Life: A Theology of Lordship. Phillipsburg, New Jersey: P & R, 2008. Jones, Rachel K., and Kathryn Kooistra."Abortion Incidence and Access to Services In the United States, 2008." Perspectives On Sexual & Reproductive Health 43, no. 1 (March 2011): 41-50. Academic Search Premier, EBSCOhost (accessed May 5, 2012) Kronenwetter, Michael. Capital Punishment: A Reference Handbook. Santa Barbara:ABC-CLIO Publishers, 1993. Megivern, James J. The Death Penalty: An Historical and Theological Survey. New York: Paulist Press, 1997. Pew Research Center, Pew Research Center for the People & the Press, Pew Research Center, http://www.people-press.org/2012/01/06/continued-majority-support-for-death-penalty/16-12-4/ (accessed May 5, 2012). Stassen, Glen H, ed. Capital Punishment: A Reader. The Pilgrim Library of Ethics. Cleveland: Pilgrim Press, 1998. Steffen, Lloyd. Executing Justice:The Moral Meaning of the Death Penalty. Cleveland: Pilgrim Press, 1998. Williams, Alexander. "Christian ethics and capital punishment: a reflection." Journal Of Religious Thought 49, no. 1 (June 1, 1992): 59-77. ATLA Religion Database with ATLASerials, EBSCOhost (accessed January 31, 2012) Zorea, Aharon W. In the Image of God: A Christian Response to Capital Punishment. Lanham, Maryland: University Press of America, 2000.

13