Capital Punishment Essay, Research Paper

Capital Punishment

Introduction

God looked at everything he had made, and he found it very good (Genesis 1:31). Is there anything a human being can do to deserve to have God s gift of life taken away? Then there is the question of whether or not the person is guilty or wrongfully accused. The word “capital” in “capital punishment” refers to a person’s head. In the past, people were often executed by severing their head from their body. Capital punishment, one, punishes the criminal, and two, discourages others from committing the same crime.

Obtaining recent Canadian capital punishment statistics are near impossible because Canada had abolished the death penalty some decades ago. According to Amnesty International, currently only 47% of countries worldwide use the death penalty and the United States is one of the only Western nations still using it. Some theorize that capital punishment might actually increase crime since some criminals see homicide and the consequent death penalty as a roundabout way to committing suicide. On the other hand, since murder is an irrational process, murderers rarely think about risks and rewards of their actions. Besides, a murderer s mentality is I ll never get caught .

There is also a popular belief that the death penalty is much less costly than life imprisonment. However, this is far from the truth. According to Spangenberg and Walsh in the Loyola of Los Angeles Law Review, “The death penalty is not now, nor has it ever been, a more economical alternative to life imprisonment.” In fact, a study conducted by the New York State Defenders Association showed that the cost of a capital trial alone was double the cost of life imprisonment. The January 5, 1997, Miami Herald estimated that the true cost of each execution is approximately 3.2 million, or roughly six times the cost of a life-imprisonment sentence. Not only is the death penalty constantly the subject of ethical debate, but the question of racism also arises. In the 1972, Supreme Court Case: Furman vs. Georgia…the appeal of Furman’s sentence claimed that Georgia violated the 8th amendment (cruel and unusual punishment) because Georgia had not applied the death penalty fairly. Statistics show that in Georgia black males who committed murder were executed far more frequently than white males were, even though they were not committing most of the crimes.

Historical Background:

Capital punishment dates back to the times of almost all ancient civilizations such as Egyptians, Babylonians, Assyrians, Hebrews, Persians, Greeks, and Romans. It was issued for misconduct in the sale of beer by the Code of Hammurabi, for idolatry by the law of the ancient Hebrews, for accidentally sitting on the king s throne by Persian Law, for sacrilege by Greek law in the days of Pericles, and for stealing the keys to one s husbands wine cellar by the laws of the early Roman republic (Encyclopedia Americana). Ancient methods of carrying out capital punishment were extremely barbaric and gruesome.

The Bible is also known to deal with the issue in the Torah (first five books). Many Christians are divided on this issue as well, with some following the Old Testament law of capital punishment and others choosing the gentler side of the Bible–the New Testament–as the basis for their opposition to this law. (Christ Unlimited Ministries). The Hebrew culture also used the death penalty in the form of retaliation against criminals. The retaliation was intended to be proportional to the crime (Capital Punishment). “An eye for an eye” is commonly associated with this principle. Clearly, the most recognizable act of capital punishment known to man is found in the New Testament the nailing of our Lord to the cross. It is an example of an innocent man wrongfully killed. This is perhaps the greatest argument an abolitionist can provide.

Vlad Draucul, ruler of what is now know as southern Romania from 1431 to 1476, was quite fond of the death penalty and found it rather amusing. Vlad particularly enjoyed witnessing mass executions; at times he even had a banquet set up in front of the dying victims (Capital Punishment) . The death penalty was commonly used throughout European history. One of the more well known examples is the use of the guillotine during the French Revolution. During this time, mass executions were commonplace at the village squares. It was a form of entertainment and was believed to be a just measure of dealing with those who failed to follow the law. Actually, it was only in 1982 that France officially abolished the death penalty. (Capital Punishment)

The death penalty was first put into practice in the United States of America in 1622 (Capital Punishment). Between 1930 and 1967, 3,859 people were put to death in the US (Capital Punishment). However, in 1976, the death penalty was considered cruel and unusual punishment and therefore was done away with. It was shortly reinstated in 1977.

Canada witnessed its last hanging in 1962, but it was not until 1976 that capital punishment was officially abolished (Canadian Criminology).

It is evident that from the dawn of time, the morality of enforcing capital punishment has been under constant debate. Abolitionists argue that it state-mandated killing is immoral, there is always the risk of executing the innocent, and the fact that there is bound to be unfairness with regards to the poor and racial minorities (Candian Criminology). Those who support the death penalty commonly us the saying an eye for an eye as ammunition. They also claim that crime rates proceeding the abolition of capital punishment is proof in itself.

The debate on whether capital punishment is beneficial or not is generally centred around its deterrent, retributive, economic, and socially protective effectiveness.

The most obvious benefit from practicing capital punishment is the fact that it causes people to refrain from committing crimes because they fear they will be sentenced to death. Contrary to this theory, others believe that because the judicial process is quite lengthy, and many judges and juries try to leave capital punishment for a last alternative, the fear of capital punishment doesn t really exist.

Retribution, synonymous with revenge, insists that the culprit should die because he has perpetrated a horrible crime, and that only his execution will satisfy the public and prevent it from taking the law into its own hands (Encyclopedia Americana). Responding to this statement, opponents claim that there is not much revenge involved because, capital punishment in America today is made as quick and painless as possible. They also claim that an extremely low percentage of illegal forms of capital punishment are related to revenge.

Narrow-minded capital punishment supporters believe that it is much less costly to execute a prisoner that to imprison him for a life term. It is a fact that in most cases, juries are reluctant to award the death penalty and as a result, long and costly trials which must produce solid evidence are required.

Finally, there is the benefit of protection. The criminal does not have the opportunity to repeat their crimes or pass on undesirable hereditary traits to offspring. Countering this argument, abolitionists question their opposition s belief in rehabilitation. They also say that they cannot limit undesirable traits to only those convicted of capital crimes.

Teachings of the Catholic Church:

“And now art thou cursed from the earth, which hath opened her mouth to receive thy brother’s blood from thy hand;…a fugitive and a vagabond shalt thou be in the earth. And the LORD said unto him, Therefore whosoever slayeth Cain, vengeance shall be taken on him sevenfold. And the LORD set a mark upon Cain, lest any finding him should kill him (Genesis 4:11-15)

This is the first mention of proportional punishment in the Bible. Cain was a farmer, and Abel was a shepherd. They were both sons of Adam and Eve. As a sacrifice to God, Abel offered meat from the best lamb and Cain offered grain, but not the best he had. God accepted Abel s offering but rejected Cain s. Enraged with jealousy, Cain killed his brother. God placed a mark on Cain s body and sent him to wander the earth. It is evident that in this case the punishment for murder is banishment and exile.

In Genesis 9:6, the first mention of capital punishment is recorded. “Whoso sheddeth man’s blood, by man shall his blood be shed: for in the image of God made he man.” It is clear that killing a man (man or woman) is an offense towards God because man is made in His image. The quote clearly states that the murderer should be killed.

In these times, the death penalty was generally enforced with measures such as stoning. It is important to note that in order for an execution to take place, solid evidence was required with a minimum of two eye witnesses (Christ Unlimited Ministries)

Religious offences which resulted in capital punishment include:

for practicing another religion Exodus 22:20 states: He that sacrificeth unto any god, save unto the LORD only, he shall be utterly destroyed. See also and Numbers 25:1-15.

for a stranger entering the temple Numbers 1:51 states (in part): …when the tabernacle is to be pitched, the Levites shall set it up: and the stranger that cometh nigh shall be put to death. See also Numbers 3:10, 18:7 and 17:13.

for proselytizing Deuteronomy 13:1-10 states that a person who tries to convince an Israelite to convert to another religion must be killed.

for communicating with the dead Leviticus 20:27 calls for the execution by stoning of all mediums and spiritists, both male and female.

for black magic Exodus 22:18 states: Thou shalt not suffer a witch to live. This is a mistranslation. The passage has nothing to do with Wicca or other forms of Neo-paganism, which are the only types of Witchcraft that are practiced today in North America in significant numbers . The original Hebrew word is translated “sorceress” in most other versions of the Bible. A more accurate phrase would be “women who engage in black magic, harming others by the use of spoken curses.” Men are left off the hook. (Direct quotation from Religious Tolerance)

Sexual offences which resulted in capital punishment include:

for adultery: Leviticus 20:10 states: And the man that committeth adultery with another man’s wife, even he that committeth adultery with his neighbor’s wife, the adulterer and the adulteress shall surely be put to death. This is repeated in Deuteronomy 22:22

for incest: Leviticus 20:11 states: And the man that lieth with his father’s wife hath uncovered his father’s nakedness: both of them shall surely be put to death… See also Leviticus 20, verses 12 and 14. Verse 17 prescribe excommunication for incest with one’s sister or step-sister.

for temple prostitution Leviticus 20:13 states: If a man also lie with mankind, as he lieth with a woman, both of them have committed an abomination: they shall surely be put to death…. This verse is often incorrectly interpreted to refer generally to homosexuality. See also Deuteronomy 22:24. Both verses refer to homosexual temple prostitution which was a common religious practice in the tribes surrounding the Israelites.

for bestiality Leviticus 20:15 states: And if a man lie with a beast, he shall surely be put to death: and ye shall slay the beast. And if a woman approach unto any beast, and lie down thereto, thou shalt kill the woman, and the beast…. See also Exodus 22:19.

for sexual activity before marriage Deuteronomy 22:13-21 concludes: Then they shall bring out the damsel to the door of her father’s house, and the men of her city shall stone her with stones that she die…”.. Note that this applied only to women who had been presented as virgins and could be proven to have engaged in intercourse before being engaged or married. There appears to have been no penalty for men for pre-marital sexual activity.

for sexual activity with both a woman and her mother Deuteronomy 20:14 requires that all three be burned alive.

for being seduced if engaged Deuteronomy 22:23-24 states: If a damsel that is a virgin be betrothed unto an husband, and a man find her in the city, and lie with her; Then ye shall bring them both out unto the gate of that city, and ye shall stone them with stones that they die. Note that this applied only to engaged women. Her fiancee could (in some cases) have sexual access to her, but no other man was permitted to engage in such activity as soon as she became engaged. There appears to have been no penalty for engaged men who seduced women.

for rape of an engaged woman Deuteronomy 22:25 states: But if a man find a betrothed damsel in the field, and the man force her, and lie with her: then the man only that lay with her shall die. A man who raped a single woman who was not engaged would only have to marry her and give 50 shekels of silver to her father.

for prostitution Leviticus 21:9 states: And the daughter of any priest, if she profane herself by playing the whore, she profaneth her father: she shall be burnt with fire. Burning a person alive appears to be reserved for a narrow range of criminal acts. (Direct quotation from Religious Tolerance)

Preserving the common good of society requires rendering the aggressor unable to inflict harm (Catechism of the Catholic Church 604). Clearly, the church believes in proportional punishment and if extreme cases call for the death penalty in order to ensure public safety then so be it.

There are some Christians who believe that by practicing capital punishment they are violating the commandment Thou shalt not kill (Exodus 20:13). The question of why would God want a murdered to be put to death if he specifically told his people not to kill arises. This confusion occurs through the translation of the Hebrew Scriptures. The meaning of the word translated as kill is to murder or to slay someone in a violent manner unjustly. Therefore, God was commanding us not to slay someone in a violent manner unjustly (Christ Unlimited Ministries).

Conclusion:

There is no simple solution to the moral question of capital punishment. If there was, mankind would not have spent so mush time throughout history debating its relevance. This essay, would not have been written. That is why, we must take into consideration all the facts and surrounding circumstances before we choose to support capital punishment or join the abolitionists. Based on how one interprets the biblical teachings on the issue, those who choose to follow the Old Testament more closely will generally support capital punishment, and those who focus more on the New Testament are likely to work towards abolishing the death penalty.

Maybe the answer to this problem is improving methods of rehabilitation and the ways in which it is evaluated. It is clear that people such as jury members and judges in America who are responsible for sentencing are reluctant to administer the death penalty. Also, the forms of capital punishment are becoming less and less agonizing. Doesn t this mean that capital punishment has lost its true purpose, or is it a gradual evolutionary process for mankind?