Fr. Stephen Pawley on Capital Punishment

[Dorothea]

He's one of our Orthodox Prison Chaplains (been one for over 20 years). Someone had posted a you tube video of his visiting an Orthodox parish somewhere discussing prison ministry. I'd like him to come to our church for our next outreach lecture event that will happen after Pascha this year. Anyway, his daughter is friends with my sister, and I'd met his wife a couple months ago when she visited our church, and father had visited a few weeks before that since we're only an hour or so away from where he resides. He wrote a paper on Capital Punishment, and I'd like to share it here. I got it passed to me via email by my sister this weekend when she was visiting.

I have been interested in reading it, so I'll post it here and be reading it with you all.

CAPITAL PUNISHMENT
By Fr. Stephen Powley



“’An eye for an eye’ seems right to the point. Why should there be any further discussion on the matter of the death penalty? If they violated the law and the penalty called for is death, then that settles it. Put them to death!!” I recently heard that said by a person who also seems very committed to their faith. My namesake, Saint Stephen, was believed to have broken the law and the penalty called for was death. The Icon above shows him being stoned as recorded in Acts 7. Wait a minute, that’s not a fair comparison!! Welcome to the debate on the death penalty in our modern world.

Capital Punishment is certainly a very divisive issue facing both our society and our Church in this world we live in. Both sides of this issue are very emotional...many in favor of the death penalty and many opposed. Even within Orthodox Christianity there seems to be a great deal of division... both among the people and among the clergy. So much so, in fact, that very few groups have issued an official statement on the subject. I suspect that even within a local church there would be divided opinions. Even on a personal basis, I confess that I have believed both sides at different times in my life. With that in mind, let us proceed to take a closer look at the subject and ask ourselves some very difficult questions.

“Hey, the Bible supports capital punishment and that’s good enough for me!” Those are the very words I hear when discussing the matter with someone who is in favor of the death penalty. So let us begin with the Holy Scriptures, specifically the Old Testament. Capital Punishment was clearly a part of the Israelite society. The very stoning of St. Stephen was justified by their use of the Holy Scriptures at that time (what we call the Old Testament today): “Anyone who blasphemes the Name of the Lord must be put to death…the entire assembly is to stone him” (Leviticus 24:14-23).

God commanded the Israelites to put people to death for a great variety of things (such as: offering their children as sacrifices, cursing their father or mother, committing adultery or various other sexual practices outside of normal marriage, and being a medium or spiritist). Here are just a few verses found in Leviticus chapter 20:

“The Lord said to Moses, Say to the people of Israel: ‘Any man of the people of Israel, or any strangers that sojourn in Israel, who gives any of his children to Molech shall be put to death.’

‘For everyone who curses his father or mother shall be put to death.’

‘If a man commits adultery with the wife of his neighbor, both the adulterer and the adulteress shall be put to death.’

‘If a man lies with a male as with a woman, both of them have committed an abomination; they shall be put to death.’

‘A man or a woman who is a medium or a wizard shall be put to death.’”

The first tough question we have to answer is: “Does the fact that the death penalty was practiced under Old Testament Law make it a legitimate practice for today?”

Many would say that if it is in the Bible then it is okay. It is vital that we hear the whole counsel of God from the Bible, before we reach any Scriptural conclusions. By that I mean, what does the New Testament have to say? Consider these words of Jesus found in Matthew 5:18:

“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.”


This verse, taken by itself, would seem to point us toward legitimizing the death penalty by virtue of the Law. It is important that verses of Holy Scripture be looked at within their context. We will do that in a moment, but first let us examine another passage dealing with our Lord Jesus Christ. In the 8th Chapter of the Gospel of John, we find the story of the woman caught in adultery.


The scribes and Pharisees brought this woman to Jesus saying:

“Teacher, this woman has been caught in the act of adultery. Now in the law Moses commanded us to stone such. What do you say about her?”

It would seem fairly obvious from the verses both in Leviticus and in Matthew that were already quoted, that Jesus’ hands would be tied in this matter. The woman committed adultery and therefore would have to be put to death. But amazingly, Jesus tells those standing there:

“Let him who is without sin among you be the first to throw a stone at her.”

When they heard these words of Jesus, all of them left, until only the woman and Jesus were together. Still, the Law is the Law, and Jesus is the One without sin...so he had the responsibility to carry out the punishment; to follow His Own Law. Instead, the following conversation takes place:

“Jesus looked up and said to her, “Woman where are they? Has no one condemned you?” She said, “No one, Lord.” And Jesus said, “Neither do I condemn you; go, and do not sin again.”

It would seem that Jesus had failed to obey His Own Law. He admitted she had sinned, yet he did not carry out the mandate of His Law. Did Jesus violate the Law? Did he abolish the Law? No, you say...but why not? Here we have “God-Come-In-The-Flesh”, seeming to not obeying His own law, refusing to utilize the death penalty. What is the world is going on here. The answer is alluded to in Matthew 5, taking that earlier quotation in context. Jesus says this:

“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.”


(cont'd on next couple posts)

 

[Dorothea]

Jesus came to fulfill the Law. The scribes and Pharisees were the religious zealots of the time. They strived to keep the Law at all times. Yet, Jesus calls us to a righteousness that exceeds theirs. The rest of Matthew 5 explains that righteousness:

“You have heard that it was said to the men of old, ‘You shall not kill; and whoever kills shall be liable to judgment.’ But I say to you that everyone who is angry with his brother shall be liable to judgment.” “You have heard that it was said, ‘You shall not commit adultery.’ But I say to you that everyone who looks at a woman lustfully has already committed adultery with her in his heart.” “You have heard that it was said, ‘An eye for an eye and a tooth for a tooth.’ But I say to you, do not resist one who is evil.” “You, therefore, must be perfect, as your heavenly Father is perfect.”


As we come to understand Jesus’ higher understanding of the Law, we begin to realize that we all deserve the death penalty. That’s why Jesus invited the scribes and Pharisees, who were without sin, to cast the first stone. All of us have sinned; none of us is worthy to cast that first stone. Jesus now calls us to a higher level...that of living under His Grace. Thank God for the Grace that we have in our Lord Jesus Christ.

If the scribes and Pharisees were unable to carry out the death penalty after speaking with Jesus, and if Jesus, Himself, did not carry it out, I believe we are quite safe to say that the Old Testament Law does not require us to execute people today. But even if this is true, our current life situation brings us to another dilemma: Can we, in our personal lives, live under the Grace of God, but as a society revert back to the Old Testament Law?

The United States of America is not a Theocracy, as was Israel when the Law was given. We are a democracy, with human beings for our President and other leaders. Our laws are passed by people and enforced by people. So this brings us to today and our society. Our laws, both Federal and many States, have reinstated Capital Punishment. Those in favor of the death penalty often quote Romans 13:1-2 as a reason:

“Let every soul be subject to the governing authorities. For there is no authority except from God, and the authorities that exist are appointed by God. Therefore whoever resists the authority resists the ordinance of God, and those who resist will bring judgment on themselves.”

If we say that capital punishment is justified because it is the law handed down by our government, then we should perhaps think about other governments that have issued laws in the past that justified the death penalty for certain “crimes” against humanity. This could begin with Rome and the death penalty for those practicing Christianity and extend right up to recent history. Can any right thinking person really believe that St. Paul had in mind supporting the death penalty for Christians because the governing authorities had passed that law? Saul may have believed that as he bore witness of the stoning of St. Stephen, but not the converted Paul!

According to the media, the vast majority of people in our country are in favor of the death penalty. Some people say it is a matter of money, thinking it is cheaper to kill someone rather than imprison them for life. In actuality, the most conservative estimates say that it costs 10 times more money to execute someone than to keep them in prison for life. California did a study that showed the death penalty system cost the taxpayers in that state around 137 million dollars per year whereas a system which imposed a maximum penalty of life time incarceration instead of the death penalty would cost them 11.5 million dollars per year. There is absolutely no evidence that would support the death penalty using money as a reason.

Capital Punishment is much more than a money issue anyway. It is an ethical issue on which most of Christianity has avoided taking a position. There are other ethical issues on which Christianity has taken strong opposition. Perhaps it would be helpful to look at two of those issues to see if any of our own arguments would apply to Capital Punishment:


1) Abortion: The vast majority of Christians oppose abortion. Orthodox Christians oppose it because it is the taking of a human life. The debates within the abortion issue are usually over the point at which life begins. We oppose abortion because we believe life begins at conception. Our conclusion is that abortion is murder. That baby is made in the image and likeness of God, even in its mother’s womb. That being the case, when did we decide that that human being ceased to be someone made in the image and likeness of God? How is it that we can draw an imaginary line that allows us to take any human life through the death penalty? We can talk about the innocence of the baby and the guilt of the convict, but if we cannot stand on the Old Testament Law, then what gives us the right to take a human life, someone clearly made in the image and likeness of God?

2) Euthanasia: Proponents of euthanasia usually hold up the quality of life as the reason for killing an elderly or sick person. Certainly the abortion arguments are relevant here as well. But, the argument I have most often heard against euthanasia goes like this: “What gives anyone the right to play God by taking the life of an elderly or sick person?” If this is the Christian argument against euthanasia, then what gives us the right to “play God” when it comes to the death penalty? Playing God” means that we are in some measure taking responsibility for the eternal destination of another human being. That may sound too strong, but if we kill another person we have immediately placed that person before the Judgment Seat of Christ. Could it be that we have sentenced that person to eternal separation from God with no further opportunity to live a life of repentance? Only God knows!


This brings us to another question that Orthodox Christians need to ask themselves: Is it possible for a murderer to repent and be forgiven by God? Is it possible for that murderer to experience the Grace of God in their lives? I know a man that took a gun and killed another man with a shot to the head. The death penalty could have been given, but it was not. Many years later, this man is still in prison. But, he is living a life of repentance as an Orthodox Christian, having committed his whole life to Christ. I believe he is a different person through the Grace of God. He will stay in prison, paying his debt to society, but he certainly has different hopes for eternity. By living, even in prison, he was given the opportunity to find forgiveness in the waters of Holy Baptism and to live a life of repentance with Christ Jesus as his Lord. His story is repeated over and over again by others who deserved, but did not receive the death penalty.

Certainly, the early Christians of our Faith understood this concept. Lactantius (260 to 330 AD) wrote in The Divine Institutes, Book 6, Chapter 20:

"When God forbids us to kill, he not only prohibits the violence that is condemned by public laws, but he also forbids the violence that is deemed lawful by men…Nor is it [lawful] to accuse anyone of a capital offense. It makes no difference whether you put a man to death by word, or by the sword. It is the act of putting to death itself which is prohibited. Therefore, regarding this precept of God there should be no exception at all. Rather it is always unlawful to put to death a man, whom God willed to be a sacred creature."

There were many great men and women of God that deserved (by today’s standards) the death penalty early in their lives, yet went on to live holy lives later. St. Moses of Ethiopia (4th Century) comes to mind. He was an evil person who not only stole, but even went so far as to commit murder. Later he became a great Christian leader as the abbot of his monastery and eventually became holy martyr for the Faith. There are countless similar stories.

Although not directed toward the death penalty, this quote from St. Maximos the Confessor (7th Century) seems very appropriate:

“But men have given up weeping for their own sins and have taken judgment away from the Son. They themselves judge and condemn one another as if they were sinless. Heaven was amazed at this and earth shuddered, but men in their obduracy are not ashamed” (Third Century on Love, 54).

In closing, let us consider one last question: In light of all that we have examined, how can we, as the “bearers” of the Good News of Jesus Christ, not take a stand against Capital Punishment, if for no other reason than the possible salvation of the souls of those human beings, made in the image and likeness of God, who would be put to death?


__________________

(italics and bold are his)

 

[gurneyhalleck1]

I'm going to read this later after I get back, Dot. Thanks for posting it.

Frankly, I have (don't laugh, I sound like a dreaming kid here) so many dreams about what could happen with the Orthodox church plant here in town if, God-willing, it ever comes to fruition....

I note that there is a lack of prison ministry in our area and obviously ZERO Orthodox ministry! It would be so cool to have that be a facet of the mission church here that I'm going to be a part of (with God's grace)?!!

 

[tapi]

Great article by Fr. Stephen. Thanks for posting it, Dot. It was me who by accident discovered his great talk about prison ministry and posted it here.. I have always been extremely strongly against capital punishment. In all humility, I hope and pray that these words by Fr. Stephen would open some peoples eyes.

 

[Dorothea]

I'm going to read this later after I get back, Dot. Thanks for posting it.

Frankly, I have (don't laugh, I sound like a dreaming kid here) so many dreams about what could happen with the Orthodox church plant here in town if, God-willing, it ever comes to fruition....

I note that there is a lack of prison ministry in our area and obviously ZERO Orthodox ministry! It would be so cool to have that be a facet of the mission church here that I'm going to be a part of (with God's grace)?!!

That would be awesome, Scott! My hubby had a short talk with Fr. Stephen when he visited our parish a couple months ago for a week day liturgy. He is so in need of people for prison ministry. Of course, we know it's a special calling, but oh what a calling! That is why he has been going around the country sharing these stories of prison ministry in hopes to spark or stir the souls of some folks who may indeed have that calling without realizing it before.

 

[Dorothea]

Great article by Fr. Stephen. Thanks for posting it, Dot. It was me who by accident discovered his great talk about prison ministry and posted it here.. I have always been extremely strongly against capital punishment. In all humility, I hope and pray that these words by Fr. Stephen would open some peoples eyes.

Ah, yes. And I want to thank you again for posting that video. Hubby and I were in tears when we watched and listened to it.

I hope it moves the hearts of whomever reads it here as well.

 

[ArmyMatt]

eeeeenteresting article, and good stuff to think about

 

[Dorothea]

Thanks for reading it and for your comments, dear Matt.

 

[rusmeister]

I realize clearly that a prison minister has the strongest empathy with his prisoners and a ton of personal experience dealing with cases and a huge Christian heart for death row inmates.
I also realze that our own system of applying the death penalty is awful, and frequently irrational.

However, I find that Fr Stephen's talk does not deal well withe truly serious and compelling arguments for the death penalty (in principal) that an Orthodox Christian ought to consider. The ideas he attacks are really primitive. He is right about those ideas, but because he doesn't address others, I think he is wrong in his conclusions.

I was anti-death penalty until I listened to Steve Robinson (one of the wiser heads that
I know of in our time)'s podcast series on the death penalty. He actually made ME (yes, Rusmeister) change my mind.

http://ancientfaith.com/podcasts/stevethebuilder/capital_punishment_part_1
(It is transcripted, so you can read if you can't listen. But listening - with tone of voice and so on - is better.)

Wrongly applied, it remains wrong, but in principal it is also wrong to call for its universal abolishment. We tend to unwittingly, in the name of Christian love, forget that death is not the ultimate evil, and that its approach can sometimes save a soul.

 

[Dorothea]

I know how you feel about this issue, as you're mentioned it before, Rus. For me (and hubby), we no longer support capital punishment for at least the past 5 or so years.

Btw, if you got the chance to listen to the Orthodox Prison Ministry (I think it was in 2011), and Fr. Demetrius (can't pronounce or spell his last name) speak on the subject of working with those in prison, it really hit my heart and brought tears to my eyes and had me really think of things I'd never thought of. I was going to post this a couple hours ago, but didn't get around to it til now. But those who are interested, here it is:

Putting Penance Back Into The Penitentiary - Orthodox Christian Prison Ministry Convocation - 2011 - Ancient Faith Radio

 

[rusmeister]

I know how you feel about this issue, as you're mentioned it before, Rus. For me (and hubby), we no longer support capital punishment for at least the past 5 or so years.

Btw, if you got the chance to listen to the Orthodox Prison Ministry (I think it was in 2011), and Fr. Demetrius (can't pronounce or spell his last name) speak on the subject of working with those in prison, it really hit my heart and brought tears to my eyes and had me really think of things I'd never thought of. I was going to post this a couple hours ago, but didn't get around to it til now. But those who are interested, here it is:

Putting Penance Back Into The Penitentiary - Orthodox Christian Prison Ministry Convocation - 2011 - Ancient Faith Radio

Thanks!
I listened to something along those lines a year or two ago - a priest who had gotten a sort of monastery started in a prison. Great stuff!
And absolutely, there are many wrong things in our prison system that should call us to compassion.
One little correction, though - my feeling is that capital punishment, like death itself, ought not to be. What I think, and what I feel, are two very different things, and I know you do not intend it, but the modern habit of saying "how we FEEL about something" really does, philosophically, reduce our ideas to mere subjective opinion. Feeling is sensory, thinking can be reasonable. (I think you know that I insist on the importance of language, that choice of words DOES make a difference.)

Again, I have no intent to denigrate the real experiences of Fr Stephen. But there are things he DOESN'T consider or speak about, and Steve Robinson does - he speaks about the most convincing thoughts of both sides. I don't think Fr Stephen does.

 

[MKJ]

I realize clearly that a prison minister has the strongest empathy with his prisoners and a ton of personal experience dealing with cases and a huge Christian heart for death row inmates.
I also realze that our own system of applying the death penalty is awful, and frequently irrational.

However, I find that Fr Stephen's talk does not deal well withe truly serious and compelling arguments for the death penalty (in principal) that an Orthodox Christian ought to consider. The ideas he attacks are really primitive. He is right about those ideas, but because he doesn't address others, I think he is wrong in his conclusions.

I was anti-death penalty until I listened to Steve Robinson (one of the wser yeads that
I know of in our time)'s podcast series on the death penalty. He actually made ME (yes, Rusmeister) change my mind.

Capital Punishment Part 1 - Steve the Builder - Ancient Faith Radio
(It is transcripted, so you can read if you can't listen. But listening - with tone of voice and so on - is better.)

Wrongly applied, it remains wrong, but in principal it is also wrong to call for its universal abolishment. We tend to unwittingly, in the name of Christian love, forget that death is not the ultimate evil, and that its approach can sometimes save a soul.

For some reason part 2 seems to be missing, or at least I cant find it.

 

[rusmeister]

For some reason part 2 seems to be missing, or at least I cant find it.

All on the main podcast page:
Steve the Builder - Ancient Faith Radio

Scroll down a little. And change the setting near the bottom of the page from "display 10 entries"" to "display all"

 

[gurneyhalleck1]

I'm with Dorothy on this issue. In my gut, my own sensibilities, in my own human opinions, I'm in favor of the death penalty. But from my Christian faith, and from the many cases of innocent men put to death in a corrupt and all-too-fallible system of justice, I'm inclined to go against my "gut," which is too prejudiced and blinded by my human frailty and emotions.

 

[rusmeister]

I'm with Dorothy on this issue. In my gut, my own sensibilities, in my own human opinions, I'm in favor of the death penalty. But from my Christian faith, and from the many cases of innocent men put to death in a corrupt and all-too-fallible system of justice, I'm inclined to go against my "gut," which is too prejudiced and blinded by my human frailty and emotions.

But that's the heart of the problem - MY gut, my feelings, are AGAINST capital punishment. It is reason springing from my faith, that leads me to tolerate the idea at all. So I can completely reverse your post to say the opposite. But you are certainly right to think that the gut MAY be prejudiced, just as reason may be mistaken.

I am in parallel, right now, listening to a Kevin Allen interview from last year on the topic, and I find, once again, that the serious arguments FOR supporting the death penalty are simply not dealt with. It seems like, as with all controversial topics, everyone is THOROUGHLY familiar with one side of the issue, and that there are central things to it that no one disagrees on (anyone here opposed to equal pay for equal work? Thought not.), and very few have any knowledge of serious arguments of the other side. I encounter this regarding the Orthodox Church, Christian faith, "same-sex marriage" and so on, and this seems to be no exception.

Nobody, here, at any rate, is saying, we ought to execute certain criminals because the law of Moses demands it, or because the death penalty is based on retribution and precludes forgiveness. Nobody. But that's what Kevin's guest, Fr Peter Michael Prebble, asserts in condemning the death penalty. What I see here, and in that interview, is essentially attacks on a straw-man position, just as people opposed to the Church, the Faith, support same-sex marriage, etc, hold straw-man views of what we actually understand about those things.

So what I'm saying, rather than each of us just "having an opinion" and "agreeing to disagree", is to take on the real, serious and in-depth arguments we disagree with, and to make that a lifelong habit on all issues of controversy and disagreement.

I feel really frustrated when my best friend from childhood, a leader in the LGBT movement in SF, sends me a copy of an e-mail in which he calls for dialog, I respond in a spirit of caring and love, letting him know that his ideas can be challenged, and get only silence in return. (If he hadn't pleaded for dialog, I would not expect so much. But in that, I see an essential hypocrisy, in the sense of insufficient self-criticism (the literal translation from Greek of the word), and that such a choice, as I see it, trumps both truth and friendship. The heart of his public statements show an absolute failure to begin to engage the side that really has a rational basis to disagree with him, which is much like most of us, I imagine, and I do not exclude that possibility in myself. But I definitely fight against it. I read Christopher Hitchens, Obama's speeches, my friend's public statements etc, even though they set my teeth on edge, and try to apply the principles I have learned from Lewis and Chesterton, of seeing the best in what they say and praising it, even as I see through the assumptions and falsehoods, and to serously consider what is true, and try to sift the truth from the lies.

And on issues that are not a matter of Church dogma, such as this, once in a while I find that it is I who have been wrong. And I like saying sometimes that if I were to find a more complete expression of the Truth than the Orthodox Church (of which I believe there to be no chance whatsoever), I would go there, because I care about truth, not religion, per se.

So again, having an opinion is nothing. Having the ability to take on the best of what your opponents say, to know the very best of what you disagree with is the grand thing.

 

[gurneyhalleck1]

I would love to hear your position regarding the death penalty, Rus, and a full explanation of why that is indeed your position. And someday a reply to my Lord of the Rings post! LOL Thanks.

But that's the heart of the problem - MY gut, my feelings, are AGAINST capital punishment. It is reason springing from my faith, that leads me to tolerate the idea at all. So I can completely reverse your post to say the opposite. But you are certainly right to think that the gut MAY be prejudiced, just as reason may be mistaken.

I am in parallel, right now, listening to a Kevin Allen interview from last year on the topic, and I find, once again, that the serious arguments FOR supporting the death penalty are simply not dealt with. It seems like, as with all controversial topics, everyone is THOROUGHLY familiar with one side of the issue, and that there are central things to it that no one disagrees on (anyone here opposed to equal pay for equal work? Thought not.), and very few have any knowledge of serious arguments of the other side. I encounter this regarding the Orthodox Church, Christian faith, "same-sex marriage" and so on, and this seems to be no exception.

Nobody, here, at any rate, is saying, we ought to execute certain criminals because the law of Moses demands it, or because the death penalty is based on retribution and precludes forgiveness. Nobody. But that's what Kevin's guest, Fr Peter Michael Prebble, asserts in condemning the death penalty. What I see here, and in that interview, is essentially attacks on a straw-man position, just as people opposed to the Church, the Faith, support same-sex marriage, etc, hold straw-man views of what we actually understand about those things.

So what I'm saying, rather than each of us just "having an opinion" and "agreeing to disagree", is to take on the real, serious and in-depth arguments we disagree with, and to make that a lifelong habit on all issues of controversy and disagreement.

I feel really frustrated when my best friend from childhood, a leader in the LGBT movement in SF, sends me a copy of an e-mail in which he calls for dialog, I respond in a spirit of caring and love, letting him know that his ideas can be challenged, and get only silence in return. (If he hadn't pleaded for dialog, I would not expect so much. But in that, I see an essential hypocrisy, in the sense of insufficient self-criticism (the literal translation from Greek of the word), and that such a choice, as I see it, trumps both truth and friendship. The heart of his public statements show an absolute failure to begin to engage the side that really has a rational basis to disagree with him, which is much like most of us, I imagine, and I do not exclude that possibility in myself. But I definitely fight against it. I read Christopher Hitchens, Obama's speeches, my friend's public statements etc, even though they set my teeth on edge, and try to apply the principles I have learned from Lewis and Chesterton, of seeing the best in what they say and praising it, even as I see through the assumptions and falsehoods, and to serously consider what is true, and try to sift the truth from the lies.

And on issues that are not a matter of Church dogma, such as this, once in a while I find that it is I who have been wrong. And I like saying sometimes that if I were to find a more complete expression of the Truth than the Orthodox Church (of which I believe there to be no chance whatsoever), I would go there, because I care about truth, not religion, per se.

So again, having an opinion is nothing. Having the ability to take on the best of what your opponents say, to know the very best of what you disagree with is the grand thing.

 

[Gxg (G²)]

Jesus came to fulfill the Law. The scribes and Pharisees were the religious zealots of the time. They strived to keep the Law at all times. Yet, Jesus calls us to a righteousness that exceeds theirs. The rest of Matthew 5 explains that righteousness:

“You have heard that it was said to the men of old, ‘You shall not kill; and whoever kills shall be liable to judgment.’ But I say to you that everyone who is angry with his brother shall be liable to judgment.” “You have heard that it was said, ‘You shall not commit adultery.’ But I say to you that everyone who looks at a woman lustfully has already committed adultery with her in his heart.” “You have heard that it was said, ‘An eye for an eye and a tooth for a tooth.’ But I say to you, do not resist one who is evil.” “You, therefore, must be perfect, as your heavenly Father is perfect.”


As we come to understand Jesus’ higher understanding of the Law, we begin to realize that we all deserve the death penalty. That’s why Jesus invited the scribes and Pharisees, who were without sin, to cast the first stone. All of us have sinned; none of us is worthy to cast that first stone. Jesus now calls us to a higher level...that of living under His Grace. Thank God for the Grace that we have in our Lord Jesus Christ.

If the scribes and Pharisees were unable to carry out the death penalty after speaking with Jesus, and if Jesus, Himself, did not carry it out, I believe we are quite safe to say that the Old Testament Law does not require us to execute people today. But even if this is true, our current life situation brings us to another dilemma: Can we, in our personal lives, live under the Grace of God, but as a society revert back to the Old Testament Law?

The United States of America is not a Theocracy, as was Israel when the Law was given. We are a democracy, with human beings for our President and other leaders. Our laws are passed by people and enforced by people. So this brings us to today and our society. Our laws, both Federal and many States, have reinstated Capital Punishment. Those in favor of the death penalty often quote Romans 13:1-2 as a reason:

“Let every soul be subject to the governing authorities. For there is no authority except from God, and the authorities that exist are appointed by God. Therefore whoever resists the authority resists the ordinance of God, and those who resist will bring judgment on themselves.”

If we say that capital punishment is justified because it is the law handed down by our government, then we should perhaps think about other governments that have issued laws in the past that justified the death penalty for certain “crimes” against humanity. This could begin with Rome and the death penalty for those practicing Christianity and extend right up to recent history. Can any right thinking person really believe that St. Paul had in mind supporting the death penalty for Christians because the governing authorities had passed that law? Saul may have believed that as he bore witness of the stoning of St. Stephen, but not the converted Paul!

According to the media, the vast majority of people in our country are in favor of the death penalty. Some people say it is a matter of money, thinking it is cheaper to kill someone rather than imprison them for life. In actuality, the most conservative estimates say that it costs 10 times more money to execute someone than to keep them in prison for life. California did a study that showed the death penalty system cost the taxpayers in that state around 137 million dollars per year whereas a system which imposed a maximum penalty of life time incarceration instead of the death penalty would cost them 11.5 million dollars per year. There is absolutely no evidence that would support the death penalty using money as a reason.

Capital Punishment is much more than a money issue anyway. It is an ethical issue on which most of Christianity has avoided taking a position. There are other ethical issues on which Christianity has taken strong opposition. Perhaps it would be helpful to look at two of those issues to see if any of our own arguments would apply to Capital Punishment:


1) Abortion: The vast majority of Christians oppose abortion. Orthodox Christians oppose it because it is the taking of a human life. The debates within the abortion issue are usually over the point at which life begins. We oppose abortion because we believe life begins at conception. Our conclusion is that abortion is murder. That baby is made in the image and likeness of God, even in its mother’s womb. That being the case, when did we decide that that human being ceased to be someone made in the image and likeness of God? How is it that we can draw an imaginary line that allows us to take any human life through the death penalty? We can talk about the innocence of the baby and the guilt of the convict, but if we cannot stand on the Old Testament Law, then what gives us the right to take a human life, someone clearly made in the image and likeness of God?

2) Euthanasia: Proponents of euthanasia usually hold up the quality of life as the reason for killing an elderly or sick person. Certainly the abortion arguments are relevant here as well. But, the argument I have most often heard against euthanasia goes like this: “What gives anyone the right to play God by taking the life of an elderly or sick person?” If this is the Christian argument against euthanasia, then what gives us the right to “play God” when it comes to the death penalty? Playing God” means that we are in some measure taking responsibility for the eternal destination of another human being. That may sound too strong, but if we kill another person we have immediately placed that person before the Judgment Seat of Christ. Could it be that we have sentenced that person to eternal separation from God with no further opportunity to live a life of repentance? Only God knows!


This brings us to another question that Orthodox Christians need to ask themselves: Is it possible for a murderer to repent and be forgiven by God? Is it possible for that murderer to experience the Grace of God in their lives? I know a man that took a gun and killed another man with a shot to the head. The death penalty could have been given, but it was not. Many years later, this man is still in prison. But, he is living a life of repentance as an Orthodox Christian, having committed his whole life to Christ. I believe he is a different person through the Grace of God. He will stay in prison, paying his debt to society, but he certainly has different hopes for eternity. By living, even in prison, he was given the opportunity to find forgiveness in the waters of Holy Baptism and to live a life of repentance with Christ Jesus as his Lord. His story is repeated over and over again by others who deserved, but did not receive the death penalty.

Certainly, the early Christians of our Faith understood this concept. Lactantius (260 to 330 AD) wrote in The Divine Institutes, Book 6, Chapter 20:

"When God forbids us to kill, he not only prohibits the violence that is condemned by public laws, but he also forbids the violence that is deemed lawful by men…Nor is it [lawful] to accuse anyone of a capital offense. It makes no difference whether you put a man to death by word, or by the sword. It is the act of putting to death itself which is prohibited. Therefore, regarding this precept of God there should be no exception at all. Rather it is always unlawful to put to death a man, whom God willed to be a sacred creature."

There were many great men and women of God that deserved (by today’s standards) the death penalty early in their lives, yet went on to live holy lives later. St. Moses of Ethiopia (4th Century) comes to mind. He was an evil person who not only stole, but even went so far as to commit murder. Later he became a great Christian leader as the abbot of his monastery and eventually became holy martyr for the Faith. There are countless similar stories.

Although not directed toward the death penalty, this quote from St. Maximos the Confessor (7th Century) seems very appropriate:

“But men have given up weeping for their own sins and have taken judgment away from the Son. They themselves judge and condemn one another as if they were sinless. Heaven was amazed at this and earth shuddered, but men in their obduracy are not ashamed” (Third Century on Love, 54).

In closing, let us consider one last question: In light of all that we have examined, how can we, as the “bearers” of the Good News of Jesus Christ, not take a stand against Capital Punishment, if for no other reason than the possible salvation of the souls of those human beings, made in the image and likeness of God, who would be put to death?


__________________

(italics and bold are his)

I guess I wonder on how we're to address the words of the Lord - as he seemed to convey the concept of capital punishment on some level (later formalized in the Mosaic Law when it came to murder) - as seen in the discussion with Noah:

Genesis 9:6
And for your lifeblood I will surely demand an accounting. I will demand an accounting from every animal. And from each man, too, I will demand an accounting for the life of his fellow man. “Whoever sheds the blood of man, by man shall his blood be shed; for in the image of God has God made man.
Genesis 9:5-7 (in Context) Genesis 9
​

 

[MKJ]

All on the main podcast page:
Steve the Builder - Ancient Faith Radio

Scroll down a little. And change the setting near the bottom of the page from "display 10 entries"" to "display all"

Ah, thanks.

FWIW, I neither think nor feel that the death penalty, under normal circumstances, is justifed. I do think in cases where there is really no other option to keep people from real danger it might be appropriate - say you live in a situation where there is no way to keep a dangerous person secure.

I do not think we in the West find ourselves in such a situation.

I think in our situation the potential harms of the death penalty are worse than the potential benefits. And I mean the harms not only to the person receiving the sentence, but to those called upon to make the decision and carry out the execution (including the public at large).

 

[rusmeister]

Ah, thanks.

FWIW, I neither think nor feel that the death penalty, under normal circumstances, is justifed. I do think in cases where there is really no other option to keep people from real danger it might be appropriate - say you live in a situation where there is no way to keep a dangerous person secure.

I do not think we in the West find ourselves in such a situation.

I think in our situation the potential harms of the death penalty are worse than the potential benefits. And I mean the harms not only to the person receiving the sentence, but to those called upon to make the decision and carry out the execution (including the public at large).

Understood.
That was some of what I thought prior to listening to Steve. I thought I had the issue aced. It is one of the few times on record in the past decade or so where I have consciously changed my mind, if I don't count issues entering Orthodoxy.

A change of opinions is almost unknown in an elderly military man

GKC, Tremendous Trifles

I'd say listen to Steve.

 

[MKJ]

Understood.
That was some of what I thought prior to listening to Steve. I thought I had the issue aced. It is one of the few times on record in the past decade or so where I have consciously changed my mind, if I don't count issues entering Orthodoxy.
GKC, Tremendous Trifles

I'd say listen to Steve.

I'll see what I think when I finish reading it - I'm about half way through. So far, no change in my thinking - maybe because I'm starting from a different place, the closest I ever got to a pacifist position was when I was 12.

I don't think I'd say you were elderly yet - 50 is the new 40, ya know! I wonder what they say about mid-thirties military ladies?