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Does the Bible Support Capital Punishment?

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Apostolic Life in the 21st Century, Episode 121 (podcast teaching episode)

Transcript of a published teaching by David K. Bernard, transcribed from YouTube. An attributed primary source — not Acts 2:38 Life doctrine text.

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Summary

Summary prepared by Acts 2:38 Life from the transcript below — the preacher’s words follow in full.

Point one: in principle, a biblical case — Genesis 9 and the perfect judge

  • The question posed (in the host's frame): many countries around the world have abolished the death penalty, but the U.S. remains a notable exception (as the frame has it). And the critics, named in the frame, like to point out that we're on a list that includes countries named in the frame — nations that maybe are not exactly recognized, for what we call enlightened governance. Now, in the U.S., we should note: there are concerns, that the sentencing process, for capital punishment cases, is often tainted by racism. That's the charge. As a Christian: how should we address this topic, of capital punishment? Is there any biblical support, for the death penalty? Or is capital punishment a barbaric relic of the past, that we should work to abolish? The answer: let me say: I think that Christians can have legitimate conscientious differences of opinion, on this subject. And that, you know, we have Christian liberty, to agree to disagree. But I do want to make two important points, that I hope we can all agree upon. The first point: in principle, the Bible does provide a case, for capital punishment, in certain cases. So: if you go to Genesis chapter 9, it reminds us that humans are created, in the image of God. So therefore, if someone kills someone, they're actually attacking, and attempting to destroy, God's image creature ('God's image creature', as spoken). And as a result, Genesis 9 says: if you do that, then you will suffer the same consequence. If you shed blood, in destroying God's image creature, your blood will be shed. So there is a biblical basis, on the grounds of justice, that if you kill someone, it is just, for you to suffer the punishment of capital punishment. So there's the theological basis. Of course, I would hasten to add: God is the perfect judge. He created life. He has power to take life. He can judge us. He knows the heart. He knows the circumstances. He knows any justifications, or exceptions. And so he is able to issue perfect judgment. So, in the case of a true theocracy, where God is the ruler: we can say capital punishment is just. So I do believe there's a case, for that.

Scriptures: Genesis 9

But human administration is imperfect — inequality, delay, and the innocent

  • The problem is: humans are imperfect. And as you pointed out, often capital punishment is not administered properly, or correctly ('correctively', as heard). And so: some of the regimes that you mentioned — they deny human liberties; they take away human liberties; and they oppress good people. And so they use capital punishment, for evil. And so that's why we certainly wouldn't want to support that. But then, even in a just society — or a society that attempts to be just and fair, as the U.S. tries to do — many times, justice is administered unequally. So there can be racial prejudice. But I think also, one factor that's not noted as much, is: there can be disparities, due to poverty. So people that are poor — which is often correlated with race — they can't afford lawyers. They can't — they don't understand the process. They don't have the right defenses. Or they're looked down upon, because of their poverty, and social circumstances. And so there does seem to be a disproportionate application, of the death penalty — certainly with regard to people, who are poor. And then, as it's administered today, there can be an extremely long time, between the sentence and the execution. And it can seem arbitrary. It's just the luck of the draw. You go 20, 25 years, multiple appeals to different judges, different courts. And it can seem random. It's like a toss of the coin, of whether somebody's going to find a loophole, somewhere along the way, and somebody's not. So it doesn't seem fair: if people who've committed the same type of crime — and they both escape the consequences, for 20 or 25 years — that doesn't seem fair. So if the death penalty is fair, it doesn't seem fair, to do that. And then: some may even die, waiting for the death penalty. Others may get off, on a technicality, or loophole. And one is executed, the other is not, when the circumstances are the same. And so, if you're going to have that kind of system, it seems it should be fair, towards everyone. The time should be greatly limited. There should be appeals. But there should be an orderly, fair process, that's fair to the victims, and their families, as well. It's fair to a sense of justice, as well. Another danger, of course, is that no human judgment is perfect. And so: what happens, if you execute an innocent person? There have been people that at least have been suspected, that that happened. And certainly there have been many cases, where people have been on death row, for years, and finally — through new evidence, through DNA, through subsequent admission of prosecutorial wrongdoing (just wanting to get a conviction, wanting to win), or even testimony of witnesses, that either had their own agenda, of escaping justice themselves, or protecting someone else, or misunderstanding, or wanting vengeance — just cooperating with what they thought — there have been cases ('there have been k cases', as the letters stand), where innocent people have been exonerated. And of course, I think our system is designed — and I think should be designed, in terms of justice — that we'd rather see, you know, 10 people go free, guilty people go free, than one person be executed. Now, if it's a limited sentence, you might feel a little more philosophical, that sometimes innocent people do suffer. But at least there's life, after the suffering. But with execution, that's a permanent consequence, that nothing could ever compensate. So: the person that's unfairly imprisoned can be released, and can be compensated ('can become stated financially', as heard). But the person executed: nothing can be done. So that means, that our imperfect human society, we should look very carefully, at the administration of capital punishment. So I personally feel: it should be very rare, for extreme, clear crimes. Even from a point of view of justice, you might say: murder. But I would say: where there are very grossly aggravating circumstances. And which — that's usually the case, under U.S. law: there have to be some additional — not just the mere fact, of taking someone's life. But the manner, the extremity, the violation of all human standards. And, you know, usually against law enforcement, judges, and, you know, aggravated torture, etc., et cetera, et cetera. And so it should be rare. It should be limited, for the most clear cases, the most egregious cases. There should be a standard process of appeal, that's not unlimited, but it's reasonable. Long enough to ensure justice, to ensure the right decision. But yet not so long, as to be arbitrary, whimsical, and no deterrence — because, for all practical purpose, no one can foresee the consequences. So that would indicate a very strict, rare system.

Mercy inside the law itself — David, and the woman caught in adultery

  • And you might say: well, in the Bible, they executed people, for all kinds of things. But I think you have to understand: the Old Testament — God was giving principles. And he was showing how wrong sin is, and how evil it is, and how it cuts off people, from God. It cuts off people, from society. And how the death penalty is just. However: even in the Old Testament, it seems that mercy was given, far more than one might expect. That just because the law, in principle, said it would be just, to execute someone: that doesn't mean, in every case — or even the majority of cases — it was always implemented. The example of King David, who obviously committed adultery — which, the penalty was death. Yet he found mercy, in God's sight. He did wrong. He suffered consequences, in his family, the rest of his life. But he did pray a prayer of repentance: Psalm 51 (named in the answer; see the note on this record), a beautiful prayer of repentance. God honored that. So even when it was justice, God himself offered mercy. We find that, in the New Testament, in John chapter 8: the woman who was caught, in the act of adultery. Again, under the law, she could be executed. It seems that was probably very rare, if it even happened, at the time of Christ. Because the Jewish religious leaders tried to catch the Lord, in that. So they said: here's a woman; she's caught, in the very act of adultery. So here, there's zero question, about guilt. So you don't have to worry about: is this unjust — you know, how do we know for sure? They said: she's guilty. And the law is clear. She deserves to die. So: what do you say? Now, if the law was routinely implemented, at that time, it wouldn't have been much of an issue. It wouldn't have been a hard question, for Jesus. Or it would have made him look bad. But obviously, they were trying to put him to the test — that he was going to give an answer, that was going to be so offensive to people, that he would lose his credibility. And of course, he wisely said, you know: whoever's without sin, cast the first stone. And so they all left, because none of them could say, they were without sin. And it was obviously a setup. Because if she was caught, in the very act: well, there's a man, that's equally guilty. So why didn't they bring him? So already, they were being unjust. But then Jesus did not say, she wasn't deserving of the penalty. But he told her: neither do I condemn you. Go and sin no more. So he said: it's just, that you would suffer consequences. But I'm going to offer you mercy.

Scriptures: John 8

Point two: government may, but the Christian opts for mercy

  • And so here's my second main point. I do believe that, in rare cases, society does have the right, to institute capital punishment. So we might have different opinions, of: when it would be just; when it would be appropriate; what would be the right process; what is fair. Can it be implemented fairly, without discrimination, without racism, without disadvantaging the poor, et cetera, et cetera? So all those are legitimate debates. So even if we say: yes, in principle, there are some crimes deserving of death — but we still have many discussions, about what's appropriate, today, in our culture, since we're not a theocracy. But then, my second point would be: as Christians, we opt for mercy. So, while we recognize people deserving of death — and when I read of some horrible crimes, of child torture and murder, or, you know, mass murder, or a direct attack upon the fabric of our society — killing of police officers, and judges (children as a class, among the victims — see the note on this record) — and, you know, I read some of these very horrendous crimes: I say, that person deserves to die. But: if I, as a Christian, and a minister, if I'm offered an opportunity, to minister in prison, I want to do that. And I've done that, many times. And if someone is on death row, then I want to minister to them ('I want to mention them', as heard). I had a cousin, who was in church, in the early part of his life, but didn't live for God. Got involved in drugs, etc., etc. And, in rage, he killed his wife, and her mother and father. Killed three people. He was put on death row. He never was executed. He eventually died, in prison. And he did go to a United Pentecostal prison ministry service. So I hope there was a good ending. But here is a man that I would say: by the law of the state, as well as the law of God, he was deserving of death. But I personally didn't want to kill him. And I didn't want to see him executed. I wanted to see him saved. So there have been times I've gone into a prison, and I could say: this person, that I'm trying to teach a Bible study to, or that I'm preaching to, I'm praying for, I'm trying to get them to receive the Holy Ghost — they deserve to die. But I'm glad they're not dead yet. I'm glad my job is to minister the gospel. So if you're asking me: would I vote to kill them? If you're asking me: would I sign up, for the job of being the executioner — would I flip the switch, on the electric chair? I would say: no. I would say: I have a conscientious objection to that. Even though I recognize, that it would be just, for society to do this. I don't think I should participate, because I'm trying to save a life, and save a soul. Now, some would say: well, that's a cop-out. You're — you want other people to do the dirty work, but you're not willing. But I say: no. I think that's part of being a Christian, in a secular society. We recognize the secular society ('the second secular society', as heard) has certain rights, of justice. But we also, as Christians — we want to operate redemptively, within our secular society. So some Christians might conclude: well, we shouldn't have capital punishment, because all of us should have that redemptive attitude. Or because the death penalty cannot be perfectly instituted. Or other Christians might say: you know what — the Bible does support the concept. And in some cases, it's fair, and just. And, yeah, let's give them years of opportunity. But in the end, let's execute justice. So there are two different opinions. But where I personally would say, is: yes — the society — as, you know, government is instituted by God. And yes, government does have the right, to implement capital punishment, in certain circumstances. However: as a Christian, as an individual, I'm always going to pray and act, on the side of redemption, mercy, and trying to save a soul.

Scripture index: Genesis 9; John 8.

Transcript

let me say I think that Christians can have legitimate conscientious differences of opinion on this subject and that you know we have Christian Liberty to agree to disagree but I do want to make two important points that I hope we can all agree upon the first point in principle uh the Bible does provide a case for capital punishment in certain cases so if you go to Genesis chapter 9 it reminds us that humans are created in the image of God so therefore if someone kills someone they're actually attacking and attempting to destroy God's image creature and as a result Genesis 9 says if you do that then you will suffer the same consequence if you shed blood in destroying God's image creature your blood will be shed so there is a Biblical basis on the on the grounds of Justice that if you kill someone it is just for you to suffer the punishment of capital punishment so there's the theological basis of course I would haste an ad God is the perfect judge he created life he has power to take life he can judge us he knows the heart he knows the circumstances he knows any justifications or exceptions and so he is able to issue perfect judgment so in in the case of a true theocracy where God is the ruler we can say capital punishment is just so I do believe there's a case for that the problem is humans are imperfect and as you pointed out often capital punishment is not administered uh properly or correctively and so some of the regimes that you mentioned uh they deny human Liberties they take away human Liberties and they oppress good people and uh you know so they use capital punishment for evil and so that's why we certainly uh wouldn't want to support that but then even in a just Society or a society that attempts to be just in fear as the U.S tries to do many times um Justice is administered unequally so there can be racial Prejudice but I think also one factor that's not noted as much is there can be disparities due to Poverty so people that are poor which is often correlated with race they can't afford lawyers they can't they don't understand the process they don't have the right defenses or they're or they're looked down upon because of their poverty and social circumstances and so there does seem to be a disproportionate application of the death penalty certainly with regard to people who are poor and then as it's administered today there can be an extremely long time between the sentence and the execution and it can seem arbitrary it's just the the luck of the draw you you go 20 25 years multiple appeals to different judges different courts and it can seem random it's like a toss of the coin of whether somebody's going to find a loophole somewhere along the way and somebody's not so it doesn't seem fair if people who've committed the same type of crime and they both escape the consequences for 20 or 25 years that doesn't seem fair so if the death penalty is fair it doesn't seem fair to do that and then and some may even die waiting for the death penalty others may get off on a technicality or loophole and one is executed the other is not when the circumstances are the same and so if you're going to have that kind of system it seems it should be fair towards everyone the time should be greatly limited there should be appeals but there should be a an orderly Fair process that's fair to the victims and their families as well it's fair to a sense of justice as well uh another danger of course is that no human judgment is perfect and so what happens if you execute an innocent person there have been people that at least have been suspected that that happened and certainly there have been many cases where people have been on death row for years and finally through New Evidence through DNA through uh subsequent admission of prosecutorial wrongdoing just wanting to get a conviction wanting to win or even testimony of witnesses that either had their own agenda of escaping Justice themselves or protecting someone else or misunderstanding or wanting Vengeance and and just cooperating with what they thought they've been k cases where innocent people have been exonerated and of course I think our system is designed and I think should be designed in terms of justice that we'd rather see you know 10 people go free guilty people go free than one person be executed now if it's a limited sentence you might feel a little more philosophical that sometimes innocent people do suffer but at least there's life after the suffering but with execution that's a permanent um consequence that nothing could ever compensate so the person that's unfairly imprisoned can be released and can become stated financially but the person executed nothing can be done so that means that our imperfect Human Society we should look very carefully at the administration of capital punishment so I personally feel it should be very rare for extreme clear crimes even from a point of view of Justice you might say murder but I would say where there are very grossly aggravating circumstances um and which that's usually the case under U.S law there have to be some additional um not just the mere fact of taking someone's life but the manner the extremity uh the violation of all human standards and you know usually against law enforcement judges and you know uh aggravated uh torture Etc et cetera et cetera and so it should be rare it should be limited for the most clear cases the most egregious cases there should be a standard process of appeal that's not unlimited but it's reasonable long enough to ensure Justice to ensure the right decision but yet not so long as to be arbitrary Whimsical and no deterrence because for all practical purpose no one can foresee the consequences so that would indicate a very strict rare system and you might say well in the Bible they executed people for all kinds of things but I think you have to understand the Old Testament God was giving principles and he was showing how wrong sin is and how evil it is and how it cuts off people from God it cuts off people from society and how the death penalty is just however even in the Old Testament it seems that Mercy was given far more than one might expect that just because the law in principle said it would be just to execute someone that doesn't mean in every case or even the majority of cases it was always implemented the example of King David who obviously committed adultery which the penalty was death yet he found Mercy in in God's sight he did wrong he suffered consequences in his family the rest of his life but he did pray a prayer repentance Psalm 51 a beautiful prayer repentance God honored that so even when it was Justice God himself offered Mercy we find that in the New Testament in John chapter 8 the woman who was caught in the act of adultery again under the law she could be executed it seems that was probably very rare if it even happened at the time of Christ because the Jewish religious leaders tried to catch the Lord in that so they said here's a woman she's caught in a very Act of adultery there's so here there's zero question about guilt so you don't have to worry about is this unjust you know how do we know for sure they said she's she's guilty and the law is clear she deserves to die so what do you say now if if the law was routinely implemented at that time it wouldn't have been much of an issue it wouldn't have been a hard question for Jesus or it would have made him look bad but obviously they were trying to put him to the test that he was going to give an answer that was going to be so offensive to people that he would lose his credibility and of course he wisely said you know whoever's without sin cast the first stone and so they they all left because none of them could say they were without sin and it was obviously a setup because if she was caught in the very act well there's a man that's equally guilty so why didn't they bring him so already they were being unjust but then Jesus did not say she wasn't deserving of the penalty but he told her neither do I condemn you go and sin no more so he said it's just that you would suffer consequences but I'm going to offer you mercy and so here's my second main point I do believe that in rare cases Society does have the right to Institute capital punishment so we might have different opinions of when it would be just when it would be appropriate what would be the right process what is fair can it be implemented fairly without discrimination without racism without disadvantaging the poor et cetera et cetera so all those are legitimate debates so even if we say yes in principle there are some crimes deserving of death but we still have many discussions about what's appropriate today in our culture since we're not a theocracy but then my second question my second point would be as Christians we opt for mercy so while we recognize people deserving of death and when I read of some horrible crimes of child torture and murder or you know mass murder or a direct attack upon the fabric of our society killing of police officers and judges and you know you know I read some of these very horrendous crimes I say that person deserves to die uh but if I as a Christian and a minister if I'm offered an opportunity to minister in prison I want to do that and I've done that many times and if someone is on death row then I want to mention them I I had a a cousin who was in church in the early part of his life but didn't live for God got involved in drugs etc etc and in Rage he killed his wife and her mother and father killed three people he was put on death row he never was executed he eventually died in prison and he did go to a United Pentecostal prison ministry service so I hope there was a good ending but here is a man that I would say by the law of the state as well as the law of God he was deserving of death but I personally didn't want to kill him and I didn't want to see him executed I wanted to see him saved so there have been times I've gone into a prison and I could say this person that I'm trying to teach a Bible study to her that I'm preaching to I'm praying for I'm trying to get them to receive the Holy Ghost they deserve to die but I'm glad they're not dead yet I'm glad my job is to minister the gospel so if you're asking me would I vote to kill them if you're asking me would I sign up for the job of being the Executioner of what I flip the switch on the electric chair I would say no I would say I have a conscientious objection to that even though I recognize that it would be just for society to do this I don't think I should participate because I'm trying to save a life and save a soul now some would say well that's a cop-out you're you know you want other people to do the dirty work but you're not willing but I say no I think that's part of being a Christian in a secular society we recognize the second secular society has certain rights of justice but we also as Christians we want to operate redemptively within our secular society so some Christians might conclude well we shouldn't have capital punishment because all of us should have that Redemptive attitude or because the death penalty cannot be perfectly uh instituted or other Christians might say you know what the Bible does support the concept and in some cases it's fair and just and yeah let's give them years of opportunity but the end let's execute justice so there are two different opinions but where I personally would say is yes the society as you know government is instituted by God and yes government does have the right to implement capital punishment in certain circumstances however as a Christian as an individual I'm always going to pray and act on the side of redemption mercy and trying to save a soul

Scripture references as spoken: Genesis 9; John 8.