Thursday 23 February 2012

Assignment in Myanmar (Capital Punishment)



CAPITAL PUNISHMENT
Though we believe the Bible as the very Word of God, there are many difficult issues about which we cannot have an absolute conclusion according to the Bible. Especially when we come to the issues related to human life, we could not make conclusions which we all can agree on. Different people see the issues from different perspectives.  Many Bible believing Christians think capital punishment is not biblical and should be abolished in our society. Amnesty International mentions their view on capital punishment saying,
Amnesty International opposes the death penalty in all cases without exception. The death penalty is the ultimate denial of human rights. It is the premeditated and cold-blooded killing of a human being by the state in the name of justice. It violates the right to life as proclaimed in the Universal Declaration of Human Rights. It is the ultimate cruel, inhuman and degrading punishment. There can never be any justification for torture or for cruel treatment. Like torture, an execution constitutes an extreme physical and mental assault on an individual.”[1]
However, other Christians see capital punishment as God’s mandate to human society and this is the requirement of God’s nature.  As God created human beings to rule the world, human beings have responsibility to take care of the world – including fellow human beings, animals, other living beings and nature. In order to display God’s justice in the world, it is a God-given responsibility to the human beings.
Capital punishment has been an issue for Christian churches because it relates to how we understand the Bible and how we view the meaning of life. This paper talks about definition of capital punishment, different views on capital punishment, the purpose of capital punishment, biblical perspectives on capital punishment and how should a Christian see the issue of capital punishment in life.
Capital Punishment
Capital punishment, also called the Death Penalty, is the death sentence on the person by the government as a punishment for a crime. It is handed down for capital offences like planned murder, multiple murders, repeated crimes, rape and murder where, according to New Catholic Encyclopedia, the criminal provisions consider such persons as a gross danger to the existence of the society and provide death punishment.[2]  The word “capital” comes directly from the Latin capitalis, “of the head.”  Different methods of capital punishment are beheading, burning, hanging, electrocution, decapitation, crucifixion and lethal injection.  Therefore, the most appropriate definition of capital punishment is “the execution of a criminal under death sentence imposed by competent public authority.”[3] Across human history, beheading has been the most frequent method of for crimes.
Capital Punishment in History
When we read historical books regarding capital punishment, we see that it was practiced even in ancient society. The earliest recorded death sentence could be found in Egypt. In this case a criminal was found guilty of “magic” but was left to inflict the punishment upon himself as his own executioner.[4] Ancient Chinese also gave capital punishment to those guilty of murder, piracy, highway robbery, rebellion, counterfeiting, forgery, arson, rape of girls under twelve, fraud at public examination, and smuggling salt.[5]
In the 5th Century BC, the Roman law of the Twelve Tablets codified the death penalty which,  for them, was different for nobility, freemen and slaves and was punishment for crimes such as the publication of libels and insulting songs, the cutting or grazing of crops planted by a farmer, the burning of a house or a stack of corn near a house, cheating by a patron of his client, perjury, making disturbances at night in the city, willful murder of a freeman or a parent, or theft by a slave.[6] Death was often cruel and included crucifixion, drowning, burial alive, beating to death, and impalement. The Romans had a curious punishment for parricides: the condemned was submersed in water in a sack, which also contained a dog, a rooster, a viper and an ape.[7] The most notorious death execution in BC was about 399 BC when the Greek philosopher Socrates was required to drink poison for heresy and corruption of youth.[8]
There is evidence that Jews also used many different techniques for the death penalty including stoning, hanging, beheading, crucifixion, and sawing asunder. The most infamous execution of history occurred with the crucifixion of Jesus Christ outside Jerusalem. About 300 years later, the Emperor Constantine, after converting to Christianity, abolished crucifixion and other cruel death penalties in the Roman Empire. In 438, the Code of Theodosius made more than eighty crimes punishable by death.[9]
The early church fathers also struggled with the issue of the death penalty although their teachings are not clear. Their lives were under a pagan government and they were always under persecution. The most prominent theologian, Augustine, quoted Romans 13:4 and defended capital punishment for the sake of social order. According to Romans 13:4, God allows the government to rule the people and the sword is not in vain. Thomas Aquinas also says, “It is lawful to kill an evildoer in so far as it is directed to the welfare of the whole community so that it belongs to him alone who has charge of the community’s welfare. … Now the care of the common good is entrusted to persons of rank having public authority: wherefore they alone, and not private individuals, can lawfully put evildoers to death.”[10] According to these two church fathers, killing a human being is a really serious sin and punishing a murderer is strongly recommended. Capital punishment, however, should be done only by the authority of the government. Early church fathers believed in God’s control over the worldly government though they were pagans or not.
Martin Luther said that he would not oppose the government even though the government oppressed Christians. They have the right to punish the criminals and that authority is given by God. Luther argued, “I will not oppose a ruler who, even though he does not tolerate the Gospel, will smite and punish these peasants without offering to submit the case to judgment. For he is within his rights, … it is their duty to punish them, for it is just for this purpose that they bear the sword, and are ‘the ministers of God upon him that doeth evil.’”[11] John Calvin’s view is similar to Martin Luther’s. Calvin commented, “Yet if we understand that the magistrate in administering punishments does nothing by himself, but carries out the very judgments of God, we shall not be hampered by this scruple. The law of the Lord forbids killing; but, that murderers may not go unpunished, the Lawgiver himself puts into the hand of his ministers a sword to be drawn against all murderers. It is not for the pious to afflict and hurt, yet to avenge, at the Lord’s command, the afflictions of the pious is not to hurt or to afflict.”[12] The early church fathers and theologians used the Bible to support capital punishment. They all reminded that the punishment should be done by the authority of the government alone whether they were pagans or not.
There were some early church fathers who opposed capital punishment. Tertullian mentioned in his book De idolatria (On idolatry) that “Christians could not conscientiously inflict the death penalty. This treatise considers the dangers of contributing to sin inherent in certain professions and trades. One of these was the Roman military, partly because the higher ranks participated in capital punishments.”[13] For Tertullian, killing of any sort is not allowed for Christians, even if there is strong evidence that he or she should be punished with the death penalty. According to Origen, if Jews were free from Roman control and established their own state, they would practice stoning and burning of criminals as Moses had commanded them. Origen argued that God’s purpose in destroying the nation of Israel was partly to end capital punishment and other bloodshed by the people of God.
The Bible and Capital Punishment
Old Testament Perspectives
In the Old Testament, God commanded Noah right after they were saved from the flood, “Whoever sheds the blood of man, by man shall his blood be shed; for God made man in his own image (Gen. 9:6).” Murder is wrong because it is “in effect an outrage against God.”[14]  Before the flood, the world was full of violence and murder, but God punished them with the flood. This shows that God is the God of justice and punishment. In this passage, there is no specific reference to civil government and how to manage the law. It is said that God would require the punishment of the murderer at the hands of another man. God delegates the death penalty for murder into the hands of man.
Opponents argue whether Genesis 9:6 is to be understood merely as a divine prediction of the future consequences of murder, or rather as a divine command concerning society’s proper punishment of the murderer.[15] This is because in Hebrew verb “yis sa pek”, shall be shed, can be interpreted either way. If we take this passage is still valid for Christians today, then how about the laws of killing of animals, witches, adulterers and disobedient children? Our interpretation of the Old Testament will be inconsistent. Moreover, the Old Testament talks about refuge cities for those who killed unintentional. John Yoder argued, “The whole context of social and ethical thought has so changed that a simple transposition of Old Testament laws is both impossible and illegitimate.”[16] Moreover, Yoder interprets Genesis 9 that capital punishment is not defense of society but expiation of a sin against the image of God. Therefore, as Jesus’ blood expiated our sins, there is no more sacrifice.[17]
According to the context of Genesis and the whole Torah, in this passage, a divine command is intended. In verse 5, God requires a reckoning for the lifeblood of man, whether that blood has been shed by man or beast. According to Davis, the language of requirement implies an imperative rather than a mere description.[18] The image of God in man is emphasized in this context[19] that it is really a command. At the same time, in other passages of the Torah, the murderer is required to be punished by death penalty. Feinberg also argues, “according to the passage, one must require life because the murderer has killed someone made in the image of God.”[20]
According to Norman L. Geisler, God ordained social order and peace, and gave the government the authority over life including punishment.[21] Moses also confirmed the concept of capital punishment in the law. The idea of “life for life, eye for eye, tooth for tooth” (Ex. 21:25) was the key principle of Mosaic Law. In Mosaic Law, there are eighteen different offenses which deserved to capital punishment: Murder (Exo. 21:12-14), Causing the death of a pregnant woman (Exo. 21:22-25), killing a person by a dangerous animal (Exo. 21:28-30), kidnapping (Exo. 21:16), rape of a married woman (Deut. 22:25-29), fornication (Deut. 22:13-21), adultery (Lev. 20:10), incest (Lev. 20:11-12, 14), homosexuality (Lev. 20:13), sexual intercourse with an animal (Lev. 20:15-16), beating a parent (Exo. 21:15), cursing a parent (Lev. 21:17), rebelling against parents (Deut. 21:18-21), sorcery and witchcraft (Exo. 22:18), cursing God (Lev. 24:10-16), attempting to lead people to worship other gods (Deut. 13:1-16), avenging a death despite acquittal by the law (Deut. 17:12), intentionally giving false testimony against someone in jeopardy of the death penalty. However, it is very serious to prove the victims by two or three witnesses (Deut 19:15). Circumstantial evidence alone would not be sufficient for capital punishment. This means God recommends the importance of human life though it is allowed to punish the criminals. God requires strong evidence to prove that he or she really commits the sin which deserves capital punishment. Although it seems that Genesis 9:6 talks about personal revenge,  the image of God limits the “infliction of punishment so that it was not left to the whim of individuals but belonged to those who sought for justice and who therefore represent the authority and majesty of God.”[22] Men of God in the Old Testament such as Cain, David and Moses murdered intentionally, not accidently but God forgave them and used them for his purpose. By looking at these examples, though God allowed capital punishment, for opponents, it is not mandatory.
One of the prominent examples of capital punishment in the Old Testament is the death of Achan and his family (Josh 7:1). As soon as they committed sin, they were put to death in front of the people. Moreover, pagan kings were given the authority and ordained to display God’s justice in their governance. For example, Nebuchadnezzar and Cyrus were given the authority to resist evil in the world. Martin Luther also states, “God shares His power with man and grants him power over life and death among men, provided that a person is guilty of shedding blood.”[23]
Therefore, the Old Testament concept of capital punishment is clear because God requires punishment of murder from another human being. Since God is the God of justice, God requires justice from human beings in order to establish a just society. God himself punished many people in the Old Testament such as Sodom and Gomorrah, killing the first born sons in Egypt, killing the Egyptian army in the Red Sea. These show that God is the one who wants criminals to be punished according to their own sins. Whenever Israel committed sin, they were punished by God. It is clear that God wants his people to punish those who commit crimes in society. Capital punishment was not invented by man in history, but God did it in the very beginning of society.
The New Testament Perspectives
            The opponents say that capital punishment is not applicable to the New Testament because Genesis 9:6 is talking to the people who are under the law. They emphasize that fact that the Law of Christ is love. Christians not allowed to kill and not to participate in revenge but to love neighbors and even their enemies (Matt. 22:37-40, Rom. 12:17-19). The most prominent example is in John 8:1-11. The adulterous woman was brought to Jesus. But Jesus asked the crowded to cast stone her by the one who is without sin. Jesus told her that he did not condemn her and not to sin any more. Actually, according to Moses Law, she deserved to die but Jesus forgave her. Jesus did not condemn her. This means, according to the opponents, Jesus opposed the death penalty.
Moreover, in his teaching, Jesus said to turn the other cheek[24] and to love even our enemies. Jesus always tells his disciples to forgive sinners and to love our neighbors as ourselves.  In addition, Jesus himself was the victim of capital punishment. He himself died as a result of capital punishment. The Old Testament ideas of punishment, abolitionists insist, became secondary to Jesus’ message of love and redemption. In Romans 13, for opponents of death penalty, Paul says that “it does not bear the sword in vain.” They argued that while the sword refers to the authority of the rulers to punish criminals, it does not demand to punish by killing.  
In the New Testament, however, many passages express the same idea as the Old Testament of capital punishment and the role of rulers. Government is ordained by God to rule and to display justice in the society.  In the midst of disagreements among scholars, Geisler states that Jesus affirmed the concept of capital punishment in his Sermon on the Mount. In Jesus’ preaching, he said that he did not come to abolish the law but to fulfill it. Jesus was saying that he fulfilled all the Law and now Christians need to live in a perfect law. Under the Law, it is an “eye for an eye” principle but now under the new covenant, if someone hates a brother, he is already a criminal.  Christians live under a better and perfect law. This means it is really important to keep the sacred life of human beings, so capital punishment is a must if someone commits capital crimes. Norman Anderson also comments, “There are clear references in the New Testament to the fact that a ruler or government has a divinely imposed responsibility for the maintenance of justice, the encouragement of virtue and the punishment of vice.”[25]
According to Anderson, Romans 13:4 can be interpreted that the government has the right to give capital punishment including capital punishment. Even in the apostolic period, capital punishment was supported by apostles in the church. When Ananias and Sapphira told lies to the people, Apostle Peter said they lied to the Holy Spirit. Later they were killed because lying is a serious sin and they lied to God. They died suddenly because some particular sins are really deserved to be punished by capital punishment.
            Therefore, it is quite clear that God is the God of justice and he allowed certain crimes to be punished by human authority. God does not allow people to do injustice like dictators today to use their power to persecute people. God’s purpose is to make known to the world that he is the God of righteousness and justice.
            When we read arguments of Christians on capital punishment, we interpret the Bible out of context or acontextually. Whenever we want to justify capital punishment, we quote “an eye for an eye” or “let he who is without sin, let him cast the first stone.” Both pro-capital punishment and opponents use the same passage to justify their view. However, this is just misuse of the Bible. In Matt. 5:38ff, Jesus’ commands to turn the other cheek and love our enemies speak about interpersonal relationship. If this passage will apply to criminal justice, there would be no punishment at all.[26] The whole theological meaning of God’s punishment to the evildoers and it also contradicts the natural law of the world. Rather we should handle the Bible correctly. The New Testament does not argue about capital punishment but it is clear that the teachings of the New Testament are not contradictory to the Old Testament. Therefore, the basic understanding of the Bible is God requires justice in the society as he is the God of justice.
Different Views on Punishment
There are two kinds of punishment – utilitarian theory and retributive theory.[27] The utilitarian theory justifies punishment solely in terms of its good consequences. The utilitarian regards every kind of suffering as bad in itself, and to be justified only if it prevents even greater suffering or if it brings about greater good. The chief function of punishment is to reduce crime.[28] Another theory is the retributive theory. Punishment is justified because the offender has voluntarily committed a wrong act. Wrong doers deserve to suffer for what they have done, whether or not the suffering produces any good consequences. This paper now talks about different views on punishment especially capital punishment – reconstruction, rehabilitation and retribution.
Reconstruction
This view of reconstruction is committed to a strict following of the Mosaic Law in today’s civil government.[29] In the Law of Moses the death penalty was prescribed for many different offenses. According to this view, God’s law reflects his unchanging character and therefore must be applied today. God is not only the God of Israel, but also of all people including the New Testament church. This tells us that the Law does not change though Jesus came to the world and fulfilled it. This view understands that Jesus fulfilled the law but he did not abolish all the requirements of the Law.
Reconstructionists argue that the Bible is to be the ruling text for all areas of life – government, education, law, and the arts, including social and moral issues like euthanasia, homosexuality, abortion, death penalty.[30] Reconstructionists always attempt to examine contemporary matters by biblical worldview. According to this view, there are three main areas of governance: family government, church government, and civil government.[31] Under God’s covenant, the nuclear family is the basic unit. The husband is the head of the family, and wife and children are “in submission” to him. In turn, the husband “submits” to Jesus and to God’s laws as detailed in the Old Testament. The church has its own ecclesiastical structure and governance. Civil government exists to implement God’s laws.[32] Christians are the people of God chosen to do what Adam, and God’s own people failed to do in the past. Christians are called to implement God’s law in their daily life. They understand that by obeying the law of God, God’s kingdom will be established in this world.

Rehabilitation
According to this view, there is no capital punishment for any crime. The Biblical concept of justice is to reform, not to punish. God is also not happy when someone is punished bitterly even though he or she is cruel. The criminal is not just a reprobate to be merely punished as he deserves with no interests of his own to be preserved, but a person in need of re-education and rehabilitation.[33] Instead of being punished for his or her crime, the criminal should be corrected, re-socialized along the right path and taught to acquire suitable skills for profitable livelihood. We cannot cure him by killing him. Just as patients need a doctor, socially ill people need a psychiatrist, not an executioner.[34] God is not happy when people are punished especially when wicked people are killed. God wants everyone, including the wicked, to repent from their sins and to be saved.
God’s commandment about capital punishment in Genesis 9:6 was prior to Mosaic Law. When Moses received the Law, God did not repeat the concept of capital punishment. In the New Testament, Christ fulfilled the Law and capital punishment was abolished with Mosaic Law. Moreover, several sins in the Bible were not punished such as Cain, David and the adulterous woman. The New Testament teaching about love rules out capital punishment.
Morally, capital punishment is not fair because many minorities and poor people are unjustly punished and abused. For example, in history, rather kids were given capital punishment because they took away a pair of shoes. Actually, we should give them chance to repent and to perform good things in the world because all people want to become good.
Retribution
According to this view, justice requires us to punish the criminals. “An eye for an eye” concept is applied. If a murderer is not punished by capital punishment, the society succumbs to a rule of violence.  When someone takes a life, the balance of justice is interrupted. The idea is that crime inherently deserves punishment.[35]
            Many opponents today argue that retribution is an outmoded and morally repugnant concept. It is a kind of revenge. According to the Bible, the difference is retributive justice and revenge. Retribution is a satisfaction of the requirements of justice, a restoration of a disturbed moral balance. [36] Davis says that scripture clearly distinguishes between retributive justice and personal hatred. The Bible never encourages us to torture the criminals, but it condemns excessive punishment. The fact that a criminal is viewed as deserving his punishment does not mean that he or she deserves inhumane treatment.  Many times, people oppose capital punishment because many criminals are treated badly and wrongly.

Purpose of Capital Punishment
Retributive Justice
In the Bible there are several words used for the concept of retribution. In the New Testament, the Greek words ekdikeo, ekdikesis, and ekdikos, translated “to avenge,” “vengeance,” and “avenger” respectively, contains no concept of spiteful retaliation.[37]  Romans 13:4 uses the word ekdikos means the civil magistrate who carries out the just retribution of the law. These words speak of the natural consequences of sin, not vengeful retaliation or an evil sort.[38] In the Old Testament, we can see the concept of avenging but personal or private revenge is prohibited to Israel (Lev. 19:18). The Lord’s vengeance is seen as retribution not as retaliation.[39] Baker explains, “Scripture makes a clear line of distinction between this doctrine (retribution) and feelings of personal hatred by forbidding such feelings and the actions to which they would lead. Capital punishment as a form of retribution is a dictate of the moral nature, which demands that there should be a just portion between the offense and the penalty.”[40] According to John and Paul Feinberg, for the sake of society, there are times we need to obey the laws which we do not like. They said retributive justice must operate in societies.
It is clear that God delegates his divine authority of life over death to human government. If justice is the divinely ordained purpose of human government, and capital punishment is a divine mandate, then the function of government is weakened by the abolition of capital punishment.  This is true in many societies today because many Christians see their government as a secular organization and they think Christians have nothing to do with it. Whether they are good or bad government, God is in control of everything including the governments of the world. God appoints the government to display his justice in the society and the standard for justice is the Word of God, not the speculative regulations or philosophical assumptions of the world. Hence, biblical justice is retributive justice. If justice is what the society understands, many people are punished for their situation and misfortunes rather than their guilt and faults. John and Paul Feinberg also remind us that “unless retributive justice is grounded in religion and theology, there is no ultimate hope of justifying it.”[41]
Unless there is no punishment, there would be no justice. Justice makes human beings authentic humans because man was created in the image of God. This means God created man to rule the world with justice. Justice does not negate the value of human beings. Baker also asserts that when justice is at the basis of penalty, man is treated in dignity, as a person. However, if the public good is the basis, he is treated as a means to an end. Man has free choice and responsibility, and punishment based on this assumption honors man for what he really is.[42] John and Paul Feinberg also say that “requiring the death penalty for murder upholds rather than denigrates the importance of life.”[43]
According to the Bible, every human being including children knows the difference between right and wrong because they bear the image of God. At the same time, God gives the mandate to rule the world. Any man, apart from some abnormal and insane people, is able to choose to do whether right or wrong. As they are human beings, if they choose wrong, they must be punished by the government for their wrong doings. Robert Gerstein states, “Punishment serves not only as a justification for punishment but also as a guide to appropriate kind of punishment and a limit on the severity of punishment.”[44] Gerstein argues that the punishment should fit the crime based on its weight and severity and it should not be more than what he or she deserves. However, sometimes it might difficult to measure the crimes, but we must be very careful in punishing the criminals.
Norman Geisler says “in a biblical perspective the main reason for capital punishment is that justice demands it.”[45] A just order is disturbed by killing and only the death of the murderer can restore that justice. The doctrine of salvation also reveals us that our salvation depends on the retributive justice of God. Jesus died for all sins to demonstrate God’s justice and Davis also states, “the cross proved God to be simultaneously just in punishing sin, and merciful in forgiving those who have faith in Jesus Christ (Rom. 3:25-26).”[46]
Opponents of the death penalty believe that the demand for retributive justice is not compatible with the idea of Christian love.  However, God showed his love because of his justice – sending his son to die on the cross. Baker also says that “the relationship of retributive justice to love is best indicated in the crucifixion itself.  The death of Christ was necessary in terms of retribution for the sins of the world before God could demonstrate His grace in saving who by faith accept Christ’s death as the just retribution for their own sins. The death of Christ is therefore the basis for the manifestation of the love of God.”[47] Abolitionists deny the concept of retribution. Therefore, they deny the whole biblical concept of retributive justice. The reason behind abolition of capital punishment hits the heart of the gospel – the atonement of Christ on the cross.[48]
The death of Christ on the cross is grounded on the basic fact that particular sins are inherently wrong and deserved to be punished in front of God. It is true when Davis says the concept of retributive justice is rooted in the very heart of God’s character and the gospel itself.
Deterrence
Human organizations have always used punishment to discourage would-be criminals from doing evil. Since society has the highest interest in preventing killing one another, it should use the appropriate punishment available to deter murder. Deterrence is used to support capital punishment. At the same time abolitionists also use deterrence as a proof against capital punishment because they say that capital punishment does not really deter people from committing crimes. Walter Berns also quotes William Bailey who says that many social studies proved the ineffectiveness of the death penalty as a deterrent to murder has been demonstrated convincingly.[49] The abolitionists say that to execute some criminals will not make our lives more secure. There is no credible evidence that proves capital punishment deters crime more efficiently than long-term imprisonment. Crimes such as robbery and assault put our lives at risk, but these crimes do not warrant the death penalty. To deter crime, for abolitionists, the punishment must be administered swiftly so that potential criminals will see a clear cause-and-effect relationship between the crime and punishment. Moreover, it would also seem death sentences are imposed in a criminal justice system that treats someone better if he is rich and guilty than if he is poor and innocent.[50]
Deterrence is an effect where a threat of punishment “causes individuals who would have committed the threatened behavior to refrain from doing so”.[51] A distinction is made between absolute deterrence and marginal deterrence.[52]  Absolute deterrence compares the effect of one form or level of punishment with the effect of no punishment, while marginal deterrence compares the effect of one form or level of punishment against another. Hence the question is that capital punishment is a more effective deterrent than an alternative option such as life imprisonment.
Zimring and Hawkins have argued that deterrence may work in one or more of the following ways:
1.    Simple deterrence – the threat of punishment can cause a “change of heart” in a person who is about to commit a crime. This change of heart is the result of weighing up the “pleasure” of committing the crime with the risk of the pain of punishment.
2.    Punishment as a moralizing force – the threat of punishment conveys the degree of disapproval that society has placed on the crime; this disapproval has an effect on the moral attitudes of people and their behaviours.
3.    Punishment as a habit builder – the threat of punishment can induce and reinforce compliant behaviors to the point that people observe the law as a matter of habit.
4.    Punishment builds respect for the law – the fact that people cannot break the law with impunity builds respect for the law and the legal system and therefore reduces law-breaking.
5.    Punishment as a rationale for conformity – the existence of the threat of punishment can provide a reason for conformity, especially when a person is subject to group pressure.[53]
            According to Baker, there are evidences both from within Scripture and other sources that capital punishment deters murder. In the Old Testament, there are several passages and examples which shows us that the purpose of capital punishment deters people from committing crimes (Ecce 8:11; Deut. 17:12-13; 19:15-21; 21:18-21). The concept is that the wrong doers are to be punished openly so that many people will hear and fear. Otherwise, “the hearts of the sons of men among them are given fully to do evil.” Capital punishment clears the evil from the society and people will not do such kind of sin in the society. In the New Testament too, the government is established to punish the evil that we do not need to fear unless we do wrong. The evil will be punished according to the law by the government. Hence, the biblical concept of deterrence is based upon the principle of human responsibility.[54]  Life imprisonment is accepted by the opponents to the penalty as a more attractive form of punishment because it is less brutal, carries the possibility for rehabilitation.  It can also reverse if further investigations prove the victim’s innocence.
However, options like life imprisonment do not meet the biblical requirements for justice.[55] Life imprisonment may not be conducive to repentance in all cases. Unless a punishment is just, the criminal may not be as likely to recognize the seriousness of his crime and repent. John and Paul Feinberg also argue that almost all the criminals do not think the consequences of what they are doing. Therefore, there is no way one can tell firmly whether the death penalty deters murderers from killing. The argument goes on that advocate of capital punishments should not have to bear the burden of proving deterrence by a reasonable doubt.
Buddhism and Capital Punishment
            In Asia, capital punishment is widely applied in nations of Buddhism such as China, Thailand, Myanmar and India. Here, we need to mention what they teach about capital punishment. Buddhism is basically a religion of diversity. Though we cannot define exactly what Buddhism teaches on capital punishment, and many Buddhist countries practiced capital punishment, capital punishment is totally against Buddha’s teaching. In the first teaching of panca-sila, taking any form of life is strictly prohibited.[56] Abstaining from the destruction of life encourages the development of compassion (karuna) for all beings. Moreover, Buddhism teaches that all sentient beings (sattva) are fundamentally good.[57] All sentient beings possess what is known as Buddha-nature (buddhata). Having Buddha-nature means that all sentient beings can eventually realize enlightenment (bodhi) and thereby become Buddhas i.e., Awakened Ones.[58] Everyone has great spiritual potential waiting to be unleashed no matter how depraved they might look.
Inhumane punishment of an offender does not solve his wrongdoings or those of humanity in general. The best treatment of an offender is reformatory but not punitive.[59] The extent of punishment should be scaled to a limit where an offender’s crime exerts a bad influence on the general. The punishment should fit the crime. Punishing an offender with cruelty will not only impair the mind of the offender, but also the punisher’s mind. This is general understanding of Buddhists on punishment because Buddhism believes fundamentally in the cycle of birth and re-birth (Samsara) and teaches that if capital punishment is administered it will have compromising effects on the souls of both offender and the punisher in future incarnations.
            One Buddhist monk says, “A basic teaching is retribution. If someone evil does something bad, he has to atone with his own life. If you take a life, you have to give your own.”[60] This is another way of interpretation on “an eye for an eye concept.” However there are some other Buddhists say that everyone has the potential to improve and correct themselves. Without death penalty, there are some other ways to solve our human problems. When we look at Buddhism, their teaching is totally non-violence and totally against death penalty. However, it seems that non-violence does not against death penalty because most of Buddhist countries practice capital punishment in one way or another. If we are really followers of the truth, we cannot deny the fact that evildoers should be punished.
Conclusion
Today, there is a global trend against capital punishment. Most nations in the developed world and an increasing number of nations in the developing world have officially abolished the death penalty. However, capital punishment is God’s mandate to the people because from the very beginning of the world God is the God who rules the world with justice. God permits the government to rule the people with justice. In justice, it requires punishment for the crimes. No matter whether it deters or not, capital punishment is still valid. This means we could not find any valid reason to abolish capital punishment because capital punishment was not rooted in the Old Testament theocracy, but in the creation order.[61] The New Testament never talks to abolish death penalty.
Therefore, we can make some conclusions regarding capital punishment. First, capital punishment is originated in God’s law – God’s very nature is to display justice in society. God is the one who created it and only God has the authority to abolish it. Though we do not understand well, God has certain purpose for giving his law to the people. Second, capital punishment is required not necessarily because it deters crimes in the society but it is mentioned in the Bible. Whether it deters or not, God commanded not to kill people and to punish murderers with capital punishment. It totally depends on God to take and give life. Actually, if we say that capital punishment does not deter crimes and we oppose it, then this means we oppose all kinds of punishment. Third, capital punishment is not to use for revenge. There must be valid evidences that he or she deserves capital punishment. Fourth, capital punishment should be done by the state only – not by any religious groups or social organization. Finally, capital punishment is not to abolish by human authority.


Bibliography


Anderson, Norman. Capital Punishment (Downers Grove, IL: Inter Varsity Press, 1976), 110.

Aquinas, Thomas. Summa Theologica, translated by Fathers of the English Dominican Province (New York: Benziger Brothers, 1947), 64:2. (Quoted by William H. Baker, 12)

Baker, William H. Worthy of Death (Chicago: Moody Press, 1973), 9.

Berns, Walter. For Capital Punishment (New York: Basic Books, 1974), 28.

Calvin, John. Institute of the Christian Religion, ed. John T. McNeill, trans. Ford L. Battles (Philadelphia: Westminster, 1965), 2:1497.

Feinberg, John S. and Paul D. Feinberg, Ethics for a Brave New World (Wheaton, IL: Crossway Books, 1993.

Geisler, Norman L. Ethics: Alternatives and Issues (Grand Rapids, MI: Zondervan Publishing House, 1975), 241.

Girdlestone, Robert B. Synonyms of the Old Testament (Grand Rapids, MI: Eerdmans, 1948), 255.

Kronenwetter, Michael. Capital Punishment: A Reference Handbook (Santa Barbara, CA: ABC-CLIO, Inc., 1993), 71.

Laurence, John. A History of Capital Punishment (New York: Citadel, 1960), 2.

Luther, Martin. “Against the Robbing and Murdering Peasants,” in The Works of Martin Luther (Philadelphia: Muhlenberg, 1931), 4:251.

Luther, Martin. “Lectures on Genesis,” in The Works of Martin Luther (Philadelphia: Muhlenberg, 1031): 2:140-41.

New Catholic Encyclopedia, s.v. “Capital Punishment.”

Robert S. Gerstein, “Capital Punishment – ‘Cruel and Unusual’?: A Retributivist Response,” Ethics 85 (1974-75): 77; Quoted by John Jefferson Davis, 203.

Ryrie, Charles C. “The Doctrine of Capital Punishment,” Bibliotheca Sacra 129 (1972): 213.

Singer, Peter. ed., A Companion to Ethics (Oxford/Massachusetts: Blackwell, 1993), 366.

Zimring, F. and G. Hawkins, Deterrence: The Legal Threat in Crime Control (Chicago: The University of Chicago Press, 1973), 71.
Online Resources
www.amnestyusa.org, accessed on January 23, 2012.
www.bibletools.org, accessed on January 17, 2012.
www.buddhanet.net, accessed on February 2, 2012.
www.pemptousia.com, accessed on January 16, 2012. Tertullian, On Idolatry, 19.
www.publiceye.org, Frederick Clarkson, “Christian Reconstructionism”, accessed on January 16, 2012.
www.quodlibet.net, accessed on February 2, 2012.
http://deathpenalty.procon.org, accessed on February 2, 2012.



[1] www.amnestyusa.org, accessed on January 23, 2012.
[2] New Catholic Encyclopedia, s.v. “Capital Punishment.”  Opponents define capital punishment as “non-human act”.
[3] William H. Baker, Worthy of Death (Chicago: Moody Press, 1973), 9.
[4] John Laurence, A History of Capital Punishment (New York: Citadel, 1960), 2.
[5] Ibid.
[6] Ibid.
[7] Ibid.
[8] Michael Kronenwetter, Capital Punishment: A Reference Handbook (Santa Barbara, CA: ABC-CLIO, Inc., 1993), 71.
[9] Ibid., 72.
[10] Thomas Aquinas, Summa Theologica, translated by Fathers of the English Dominican Province (New York: Benziger Brothers, 1947), 64:2. (Quoted by William H. Baker, 12)
[11] Martin Luther, “Against the Robbing and Murdering Peasants,” in The Works of Martin Luther (Philadelphia: Muhlenberg, 1931), 4:251.
[12] John Calvin, Institute of the Christian Religion, ed. John T. McNeill, trans. Ford L. Battles (Philadelphia: Westminster, 1965), 2:1497.
[13] www.pemptousia.com, accessed on January 16, 2012. Tertullian, On Idolatry, 19.
[14] Charles C. Ryrie, “The Doctrine of Capital Punishment,” Bibliotheca Sacra 129 (1972): 213.
[15] John Jefferson Davis, 197.
[16] John S. Feinberg and Paul D. Feinberg, Ethics for a Brace New World (Wheaton, IL: Crossway Books, 1993), 137.
[17] Ibid., 137.
[18] Ibid.
[19] When we read the books of Moses’ Law and the whole Bible, it is clear that this is a command because the Bible nowhere teaches to abolish this.
[20] John and Paul Feinberg, 141.
[21] Norman L. Geisler, Ethics: Alternatives and Issues (Grand Rapids, MI: Zondervan Publishing House, 1975), 241.
[22] Baker, 83.
[23] Martin Luther, “Lectures on Genesis,” in The Works of Martin Luther (Philadelphia: Muhlenberg, 1031): 2:140-41.
[24]But I tell you, do not resist an evil person. If anyone slaps you on the right cheek, turn to them the other cheek also. (Matthew 5:38-39)

[25] Norman Anderson, Capital Punishment (Downers Grove, IL: Inter Varsity Press, 1976), 110.
[26] John and Paul Feinsberg, 141.
[27] Peter Singer, ed., A Companion to Ethics (Oxford/Massachusetts: Blackwell, 1993), 366.
[28] Ibid.
[29] www.compellingtruth.org, accessed on January 16, 2012.
[30] Ibid.
[31] www.publiceye.org, Frederick Clarkson, “Christian Reconstructionism”, accessed on January 16, 2012.
[32] Ibid.
[33] www.quodlibet.net, accessed on February 2, 2012.
[34] Ibid.
[35] http://deathpenaltycurriculum.org, accessed on January 16, 2012.
[36] John Jefferson Davis, 203.
[37] www.bibletools.org, accessed on January 17, 2012.
[38] William H. Baker, On Capital Punishment (Chicago: Moody Press, 1973), 81.
[39] Robert B. Girdlestone, Synonyms of the Old Testament (Grand Rapids, MI: Eerdmans, 1948), 255.
[40] Ibid., 82.
[41] John and Paul Feinberg, 134.
[42] Baker,
[43] John and Paul Feinberg, 134.
[44] Robert S. Gerstein, “Capital Punishment – ‘Cruel and Unusual’?: A Retributivist Respons,” Ethics 85 (1974-75): 77; Quoted by John Jefferson Davis, 203.
[45] Norman Geisler, Ethics: Alternatives and Issues (Grand Rapids, MI: Zondervan, 1971), 247.
[46] Davis, 203.
[47] Baker, 103. Many   Christians are not sure about the forgiveness of sin through the blood of Christ because they do could not believe our sins are washed by Jesus death. God is not fair because he sent Jesus to die on the cross.
[48] Ibid.
[49] Walter Berns, For Capital Punishment (New York: Basic Books, 1974), 28.
[50] John S. Feinberg and Paul D. Feinberg, Ethics for a Brave New World (Wheaton, IL: Crossway Books, 1993),
[51] F. Zimring, and G. Hawkins, Deterrence: The Legal Threat in Crime Control (Chicago: The University of Chicago Press, 1973), 71.
[52] Ibid.
[53]Ibid.

[54] Kerby Anderson, www.probe.org, There is some evidence that capital punishment is a deterrent. And even if we are not absolutely sure of its deterrent effect, the death penalty should be implemented. If it is a deterrent, then implementing capital punishment certainly will save lives. If it is not, then we still will have followed biblical injunctions and put convicted murderers to death.
[55] Baker, On Capital Punishment,117.
[56] Mya Tin, Dammapada 1:17. See also www.accesstoinsight.org, accessed on February 2, 2012.
[57] www.buddhanet.net, accessed on February 2, 2012.
[58] Ibid.
[59] buddhism.ygoy.com, accessed on February 2, 2012.
[60] http://deathpenalty.procon.org, accessed on February 2, 2012.
[61] www.probe.org, accessed on January 16, 2012.

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