Readings for today: Numbers 34-35, Mark 10:35-52
I worked for two years at New Jersey State Prison as a volunteer chaplain. NJSP is where the state of New Jersey sends the worst of the worst. Murderers. Violent criminals. Sex offenders. Gang leaders. Mafia dons. It is also where they used to house death row. I never was allowed into death row itself but I remember standing outside the door, looking in. It was a sterile environment and the men housed there were cut off from the general population. New Jersey abolished the death penalty in 2007, five years after I left. But from 1690 to 1963, they executed 361 people.
The death penalty is a thorny subject for Christians. In theory, it does have biblical support drawn mainly from passages like we read today in Numbers 35. A careful reading of the passage reveals many fascinating details. Cities of refuge. Premeditated murder vs. accidental death. Avengers of blood. Congregational trials. Evidence. Witnesses. Motives. Methods. It’s a very specific passage that actually places limits on vengeance in a way that would have been striking to other ancient near east cultures. It employs the principle of lex talionis or “an eye for an eye and a tooth for a tooth.” Proportional justice. It keeps vendettas from forming between families and clans that last generations.
Those who support the contemporary use of the death penalty on biblical grounds need to wrestle with the boundaries this passage sets. Provision must be made for the safety of the murderer while he/she awaits trial. Motive must be carefully discerned and the accuser is the one to carry out the sentence. If there was no premeditation, then the congregation is allowed to judge and show mercy by assigning the person to a city of refuge for a certain duration. (Lifetime of the current high priest.) There must be more than one witness to the crime. And you cannot tolerate murder in the land lest it become ritually polluted.
Obviously, it’s quite the challenge to apply ancient near east law codes in a 21st century context. Layer in the obvious problems we have in our legal system with racial and economic injustice (statistically ethnic minorities and the poor are FAR more likely to be convicted in our culture), as well as the frequency with which our justice system convicts the wrong person (DNA evidence has been a game-changer here) and one can see why many would argue we should abolish the death penalty altogether. Furthermore, what are we do to with Jesus’ words in the Sermon on the Mount? “You have heard that it was said to those of old, 'You shall not murder; and whoever murders will be liable to judgment.' But I say to you that everyone who is angry with his brother will be liable to judgment; whoever insults his brother will be liable to the council; and whoever says, 'You fool!' will be liable to the hell of fire.” (Matt. 5:21-22) Clearly, Jesus is accusing all of us of being guilty of murder in our hearts!
So what do we do? We must carefully and prayerfully consider our position on the death penalty. We must ask if it is just...not as an abstract concept but as a concrete practice. We must make sure our practices are just and if there is a hint of incompetence or injustice in the way we prosecute then we must forbear. Furthermore, we have to come to grips with the gravity of our actions. Executing another human being is deeply significant. The shedding of blood is not something to take lightly. Unjust killing pollutes the land in which we dwell. Furthermore, to take the life of another human being before they accept Christ as Lord and Savior consigns them to an eternity in hell. All these factors must weigh heavily on us as we wrestle with this issue in our society.
Readings for tomorrow: Numbers 36, Deuteronomy 1, Mark 11:1-14