by Kim Workman
October 10th is the
12th World Day against the Death Penalty, promoted by the World Coalition Against the Death Penalty, an alliance of more than 150 NGOs, bar associations, local authorities
and unions, created in Rome on 13 May 2002.
The aim of the World
Coalition is to strengthen the international dimension of the fight against the
death penalty. Its ultimate objective is to obtain the universal abolition of
the death penalty. To achieve its goal, the World Coalition advocates for a
definitive end to death sentences and executions in those countries where the
death penalty is in force. In some countries, it is seeking to obtain a
reduction in the use of capital punishment as a first step towards
abolition.
New Zealand abolished the
death penalty in 1961, due largely to the efforts of the Hon Ralph
Hanan, the
National government’s Minister of Justice at the time. As
mentioned in last week’s blog, the Labout Party had
abolished the death penalty, but it was reintroduced by National in 1961. It was
Hanan's role to introduce the legislation to Parliament, but he convinced
enough of his party colleagues to vote with the opposition and thus abolished
the death penalty in New Zealand. Hanan
and nine other National MPs (Ernest Aderman, Gordon
Grieve, Duncan MacIntyre, Robert
Muldoon, Herbert Pickering, Logan
Sloane, Brian Talboys, Mrs Esme
Tombleson and Bert
Walker) crossed the floor and voted with Labour to abolish the death penalty for murder. As Minister of Justice, it was his responsibility to introduce the law
to Parliament, but he did so by saying that he disagreed with it. He convinced enough of his party colleagues to
vote with the opposition and thus abolished the death penalty in New Zealand.
From time to time, there have
been half-hearted efforts to reintroduce the death penalty. In 2002, Christian politician Brian Neeson, a
leading advocate for tougher sentences, called for the re-introduction of the
death penalty, saying “I had to put my dog down once and I found it almost
impossible to do, but there are some people I wouldn’t have any trouble with”.[1]
I am not overly surprised that a Christian would take such a
stance. In 2001, as a newly appointed
National Director of Prison Fellowship New Zealand, a chartered member of
Prison Fellowship International, I became aware of a tension within the organisation over this issue. The founder and Chairperson of Prison
Fellowship International (PFI), the late Charles Colson, a conservative
Republican, had shifted his personal position from around 1995 onwards, and began
advocating publicly for the death penalty in certain cases.
Colson later claimed that his position started to shift
after visiting serial killer John Wayne
Gacey Jnr. Gacey, also known as the Killer Clown, was an American serial
killer and rapist who was convicted of the sexual assault and murder of a
minimum of 33 teenage boys and young men in a series of killings committed
between 1972 and 1978 in Chicago, Illinois. As Colson later explained;
Perhaps the emotional event that pushed me over the
(philosophical) edge was the John Wayne Gacy case some years ago. I visited him
on death row. During our hour-long conversation he was totally unrepentant; in
fact, he was arrogant. He insisted that he was a Christian, that he believed in
Christ, yet he showed not a hint of remorse. The testimony in the trial, of
course, was overwhelming. I don't think anybody could possibly believe that he
did not commit those crimes, and the crimes were unspeakably barbaric. What I
realized in the days prior to Gacy's execution was that there was simply no
other appropriate response than execution if justice was to be served.
Charles Colson, in coming to that view, took no
account of Gacey’s mental health. Three
psychiatric experts appearing for the defense at Gacy's trial testified they
found Gacy to be a paranoid schizophrenic who suffered from a multiple
personality disorder. The World Coalition Against the Death Penalty
is this year, drawing attention to people with mental health problems who are
at risk of a death sentence or execution. While opposing the death penalty
absolutely, they are also committed to see existing international human rights
standards implemented. Among these is the requirement that persons with mental illness or intellectual disabilities should not face the death penalty.
Colson began advocating publicly in favour of the death
penalty after the 1995 Oklahoma
bombing, when a truck-bomb
explosion outside the Alfred P. Murrah Federal Building in Oklahoma City,
Oklahoma, left 168 people dead and hundreds more injured. The blast was set off
by anti-government militant Timothy McVeigh, who in 2001 was executed for his
crimes. His co-conspirator Terry Nichols received life in prison. Until
September 11, 2001, the Oklahoma City bombing was the worst terrorist attack to
take place on U.S. soil.
His position created a dilemma for the 100 plus nations that were chartered members of PFI. He later explained his support for the
death penalty, and Colson's personal statement deserves close reading. This
one paragraph summarises his position.
"I must say that
my views have changed and that I now favor capital punishment, at least in
principle, but only in extreme cases when no other punishment can satisfy the
demands of justice. The reason for this
is quite simple. Justice in God's eyes requires that the response to an offense
- whether against God or against humanity - be proportionate. The lex talionis,
the "law of the talion," served as a restraint, a limitation, that
punishment would be no greater than the crime. Yet, implied therein is a standard
that the punishment should be at least as great as the crime. One frequently
finds among Christians the belief that Jesus' so-called "love-ethic"
sets aside the "law of of the talion." To the contrary, Jesus affirms
the divine basis of Old Testament ethics. Nowhere does Jesus set aside the
requirements of civil law."
Ron Nikkel, the President of Prison Fellowship
International, took a different view, and rose to the challenge by issuing a discussion paper on the topic, urging
each of the PFI member nations to consider the issue, and to discuss it at a Prison
Fellowship Council meeting to be held in Johannesburg, in September 2001. As can be seen from the following extract,
Ron Nikkel’s position was very different from that of Charles Colson.
While the Old Testament law is
often used to legitimize the use of the death penalty, the overarching purposes
of God toward all offenders is often overlooked. From Cain to Moses to David and others, God’s
redemptive justice is evidenced not in the execution of the criminal
(murderer), but in mercy. In the person
of Jesus the full nature of God’s redemptive justice is revealed through his
incarnation, death and resurrection. The
dignity of human beings created in the image of God—the justification given for
execution in Genesis—is now firmly established as God (in the person of Jesus)
takes on human nature and becomes one of us.
The demands of victims for vindication are satisfied in the power of
Jesus’ resurrection after his victimization and unjust execution. This power to triumph mercy over vengeance is
the “Christian” victory over evil.
The Eight Biennial
International Council meeting of Prison Fellowship International was held in
Johannesburg, South Africa from the 17 –
19th September. It was there
that Council members would discuss and debate an international position on the
death penalty; and I was able to attend and present New Zealand’s position on
the topic.
The Council meeting was
memorable for two reasons. First, it
took place a week before the terrorist attacks launched by the Islamic terrorist group
al-Qaeda upon the United States in New York City and the Washington, D.C., metropolitan
area on Tuesday, September 11, 2001.
While it focused minds on the
death penalty issue, it also meant that the US contingent did not attend – and
it was in that group that we expected the greatest opposition to the abolition of the death
penalty.
The second greatest memory was staying
at a game park, which was populated by a colony of baboons. They engaged in their own terrorist
activities; invading unlocked bedrooms, attacking staff carrying trays of food,
and occupying the reception area.
We had prepared a paper supporting the
abolition of the death penalty, relying
heavily on the wisdom and theological reasoning of (now) Professor Chris
Marshall, currently the Diane Unwin
Chair of Restorative Justice at Victoria University. I had 60 copies printed for distribution, and
had left them on the reception desk. To
my disgust, the house baboon leapt on to
the desk, positioned herself above the papers, and urinated over them. It seems that literary criticism is not
confined to the human species.
Nikkel however, thought sufficiently
well of New Zealand’s position on the death penalty to attach it as an appendix to PFI’s discussion
paper. The concluding paragraphs of
the submission sought to reconcile the competing Christian positions and move toward a theology of restoration.
We are
aware that this position may challenge some Christians who would claim that
abolitionism rests on nothing less than a fundamental misunderstanding of the
holiness, righteousness and justice of God.
For those, the Bible does not merely permit capital punishment; it
enjoins it as a moral necessity. But one
wonders what has become in all of this of the redemptive concerns of the
Christian gospel, a gospel that proclaims God’s saving justice toward all, even
the worst of criminal offenders, even those who murdered Jesus Christ , the
image of God par excellence.
Capital
punishment is incompatible with a gospel of redemption and reconciliation,
. This is not to deny the seriousness of
sin, the moral repugnance of homicide, the culpability of criminals or the
validity of penal sanctions as such. But
the moral order of God’s universe is grounded in and preserved by something
more profound than the need to balance rewards and punishments on earth.
Put
positively, Christians should be the first to clamour for true justice, for
redemptive justice, a justice that fosters healing and renewal, a justice
informed by the spirit of Christ and not the letter of the law. Restorative justice cannot, of course restore
the life and relationships of murder victims.
But nor can retributive justice, for only God can restore life to the
dead.
Restorative
justice can however, bring as much good out of evil as possible. It is the restoration of peace and renewal of
hope that manifests God’s redemptive work of making all things new. That is the justice that is consistent with
the core aims and intent of Prison Fellowship New Zealand.”
As the debate and discussion flowed back and forth, it became clear that those Christians from
nations that had experienced major civil unrest , disorder, and major human
tragedy, were those most vigourously opposed to the death penalty. Survivors of the Rwanda
Genocide, in which
over the the course of 100 days from April 6 to July 16 1994, between
800,000 to 1 million Tutsis
and some moderate Hutus were massacred. were actively advocating for the abolition of
the death penalty in their country, and for the introduction of restorative
justice processes nation-wide.
In 2006, an opinion piece on the abolition of the death penalty in Rwanda supported that government in its efforts to introduce community-led restorative justice processes.
“Restorative justice is a movement of
non-violence. It provides a mature human response to complex situations of
conflict and crimes like genocide. It
does not necessarily provide a solution either. But it is a process that
respects those involved and enhances the families and communities to which they
belong. It recognises that violence is unacceptable and provides a non-violent
but challenging and positive way of proceeding.
Restorative justice appeals to the
better side of human nature and not the destructive, vengeful dark side. It is
a movement of hope. The government is showing imagination and courage in
promoting some restorative justice processes through Gacaca courts. It is vital
the best people get to run these pilots. But this is not just another
government project.
The success of the courts is dependent
on community ownership and acceptance and a passion for better forms of
justice. Without these three things, they will not succeed.”
The Outcome
As a result of the discussion, the 2001 International
Council meeting of Prison Fellowship International unanimously passed a
resolution opposing the death penalty.
This outcome was due in
no small part to Ron Nikkel’s personal courage and astuteness in promoting the
discussion across Prison Fellowship International, and providing the membership
with the opportunity to debate the issues.
That he was able to do so, and still retain a positive working
relationship with Chairperson Charles Colson, is a testimony to his
acumen. Ron has since retired, but is in
Auckland next week, and has agreed to speak on the topic ‘Just Prison” at a public meeting hosted by Prison Fellowship and the Robson Hanan Trust (Rethinking Crime and Punishment/JustSpeak )to be held on Wednesday, 15th October,
7.30pm at the Holy Trinity Cathedral, Cnr St Stephens and Parnell Road,
Auckland.
The New Zealand submission owed its success
to the scholarship and insight of Professor Chris Marshall.. At the same time that Ron Nikkel is
in New Zealand, Chris will be facilitating a forum to explore the future of restorative
justice in Aotearoa; looking at issues in the Justice Sector , Education, Social
Development and Youth Justice, and the development of Restorative Cities.
Let’s take time out today to remember the people of
courage who have carried forward the fight against the death penalty, and have chosen instead to advocate
for a justice that restores; the late Hon Ralph Hanan, Ron Nikkel, and Chris
Marshall.
129 Comments on this Post:
New Testament Death Penalty Support Overwhelming
For more than 2000 years, there has been Christian New Testament support for the death penalty, from Popes, Saints, Doctors and Fathers of the Church, church leadership, biblical scholars and theologians that, in breadth and depth, overwhelms any teachings to the contrary.
"All interpretations, contrary to the biblical support of capital punishment, are false. Interpreters ought to listen to the Bible’s own agenda, rather than to squeeze from it implications for their own agenda. As the ancient rabbis taught, “Do not seek to be more righteous than your Creator.” (Ecclesiastes Rabbah 7.33.). Part of Synopsis of Professor Lloyd R. Bailey’s book Capital Punishment: What the Bible Says, Abingdon Press, 1987.
The death penalty, from a Christian perspective, is supportive of restorative justice, as reviewed.
The Death Penalty: Mercy, Expiation, Redemption & Salvation
http://prodpinnc.blogspot.com/2013/06/the-death-penalty-mercy-expiation.html
Jesus and the Death Penalty
http://prodpinnc.blogspot.com/2013/06/jesus-and-death-penalty.html
Nemuch more, here:
New Testament Death Penalty Support Overwhelming
http://prodpinnc.blogspot.com/2014/01/new-testament-death-penalty-support.html
This quote:
"Capital punishment is incompatible with a gospel of redemption and reconciliation"
Shows how basic teachings have been tossed to the wind. In both an eternal and Christian sense, capital punishment is fully in concert with redemtpion and reconciliation, as I reviewed.
It is so strange that Christians are unaware that we must seek restoration and redemption before we die, not matter what our cause of death may be.
Thanks Kim,
This is a helpful article in understanding the arguments for the abolishment of capital punishment.
In terms of NZ law does treason still technically have a provision for capital punishment?
I once asked Dr Arnold Fruchtenbaum about this question as I understood that we were no longer under the Mosaic covenant and that we are partakers as gentiles of the New Covenant. Wild Olives in other words!
His response was that the token for captial punishment was in the Noahic covenant.
I have cited the 8 eight covenants of which the Noahic is one of them. http://www.messianicassociation.org/ezine17-af.covenants.htm
It is Arnolds view based on the scripture in this covenant that while it has been dispensationally superceded the covenant is still in effect and for this reason humanity will be judged based on their obedience or disobedience to this token!
I am interested as to whether this is something that Dr Chris Marshall has addressed in his studies and writings? Perhaps it is that under the New Covenant the Blood of Jesus speaks better things, i.e. Mercy according to the Law of the Spirit of Life that transcends the Law of sin and death (where capital punishment is an aspect of that)?
There is an interesting story in the NT where Paul encourages us to put off the old man, where in Roman times a murderer had the dead body tied to them and they would either die as the the old man rotted or the family of the murdered victim could extend mercy to the murderer to have the old man removed.
Perhaps that picture reconciles the Noahic covenant, viz a viz the Grace that we now live in is where Grace is the unmerited gift we could never earn and Mercy is the forgiveness from our sins that we deserved judgement for!
Such Grace and Mercy is only possible by the Supernatural Power of God since we in our humanity without Him seek a Life for a Life! If He gave His life for us couldn't we too?
Shalom
Andrew
Andrew:
Quaker biblical scholar Dr. Gervas A. Carey:
" . . . the decree of Genesis 9:5-6 (Noahic Covenant) is equally enduring and cannot be separated from the other pledges and instructions of its immediate context, Genesis 8:20-9:17; . . . that is true unless specific Biblical authority can be cited for the deletion, of which there appears to be none. It seems strange that any opponents of capital punishment who professes to recognize the authority of the Bible either overlook or disregard the divine decree in this covenant with Noah; . . . capital punishment should be recognized . . . as the divinely instituted penalty for murder; The basis of this decree . . . is as enduring as God; . . . murder not only deprives a man of a portion of his earthly life . . . it is a further sin against him as a creature made in the image of God and against God Himself whose image the murderer does not respect." "A Bible Study" (p. 111-113) Essays on the Death Penalty, T. Robert Ingram, ed., St. Thomas Press, Houston, 1963, 1992.
Some are surprised to see this in the most recent Catholic Catechism:
CCC 2260: "For your lifeblood I will surely require a reckoning.... Whoever sheds the blood of man, by man shall his blood be shed; for God made man in his own image." "This teaching remains necessary for all time."
The PRIMARY, eternal teachings, of Catholic death penalty support have actually existed since the Genesis 9:6 passage, which is for all peoples and all times, with the same eternal teachings being reinforced through Jesus, within his human life, then through the Holy Spirit and, uninterrupted, to Pope, Saint and Father Clement of Rome through today, all based within justice and the ultimate respect for life, in God's image, which overwhelms and subdues any teachings based upon utilitarianism, "defense of society" and the current status of prison security.
Also from Dr. Carey: “. . . a secondary measure of the love of God may be said to appear. For capital punishment provides the murderer with incentive to repentance which the ordinary man does not have, that is a definite date on which he is to meet his God. It is as if God thus providentially granted him a special inducement to repentance out of consideration of the enormity of his crime . . . the law grants to the condemned an opportunity which he did not grant to his victim, the opportunity to prepare to meet his God. Even divine justice here may be said to be tempered with mercy.” synopsis: “A Bible Study”, from Essays on the Death Penalty, T. Robert Ingram, ed., St. Thomas Press, Houston, 1963, 1992. Dr. Carey was a Professor of Bible and past President of George Fox College.
"The normal moral reason for upholding capital punishment is reverence for life itself. Indeed, this is the reason why scripture and Christian tradition have upheld it, a fact which suggests that, if anything, it may be the abolition of capital punishment which threatens to cheapen life, not its retention." J. Budziszewski, Professor of Government and Philosophy at the University of Texas at Austin, Jan. 25, 2002 conference, Pew Forum, titled "A Call for Reckoning: Religion and the Death Penalty,"
Mr. Workman writes: "Charles Colson, in coming to that view, took no account of Gacey’s mental health. "
You state that as a fact. What is your source?
Everyone, including Colson, knows that Gacey's defense was solely based upon insanity and that the jury flatly, rejected it, and that no appellate court gave any relief to Gacey based upon the claim of insanity.
Colson met with Gacey and, clearly, did not view him as insane, but as evil and unrepentant.
Colson:
"What about mercy?" someone is inclined to ask. My response is simple. There can be no mercy where justice is not satisfied. Justice entails receiving what we in fact deserve; we did in fact know better. Mercy is not receiving what we in truth deserve. To be punished, however severely, because we indeed deserve it, as C.S. Lewis observed, is to be treated with dignity as human beings created in the image of God. Conversely, to abandon the criteria of righteous and just punishment, as Lewis also pointed out, is to abandon all criteria for punishment.[2] Indeed, I am coming to see that mercy extended to offenders whose guilt is certain yet simply ignored creates a moral travesty which, over time, helps pave the way for collapse of the entire social order.[3] This is essentially the argument of Romans 13. Romans 12 concludes with an apostolic proscription of personal retribution, yet St. Paul immediately follows this with a divinely instituted prescription for punishing moral evil. It is for eminently social reasons that "the authorities" are to wield the sword, the ius gladii: due to human depravity and the need for moral-social order the civil magistrate punishes criminal behavior. The implication of Romans 13 is that by not punishing moral evil the authorities are not performing their God-appointed responsibility in society. Paul's teaching in Romans 13 squares with his personal experience. Testifying before Festus, the Apostle certifies: "If...I am guilty of doing anything deserving death, I do not refuse to die."[4])"
" The death penalty ultimately confronts us with the issue of moral accountability in the present life. Contemporary society seems totally unwilling to assign moral responsibility to anyone. Everything imaginable is due to a dysfunctional family or to having had our knuckles rapped while we were in grade-school. Ours is a day in which "abuse excuses" have proliferated beyond our wildest dreams. We really have reached a point where the Menendez brothers plead for mercy—and get it!—because they are orphans, after acknowledging that they made themselves orphans by killing their parents."
"I come to this view with something of a heavy heart, as some of the most blessed brothers I've known in my Christian walk were on death row. I think of Richard Moore in particular and, of course, Rusty Woomer, about whom I've written in The Body. I think of Bob Williams in Nebraska and Johnny Cockrum in Texas. I have a heavy heart as well because I do not believe the system administers criminal justice fairly. It is merely symbolic justice to execute twenty-five people a year when 2,000 are sentenced. (Obviously, the system needs to be thoroughly revamped. Nevertheless, revamping the system, in order that punishment be both swift and proportionate, would accord with biblical guidelines and demands the Christian's engagement.) But in spite of the flaws of the system, I have come to believe that God in fact requires capital justice, at least in the case of premeditated murder where there is no doubt of the offender's guilt. This is, after all, the one crime in the Bible for which no restitution was possible.[5]"
from
https://www.rutherford.org/publications_resources/oldspeak/capital_punishment_a_personal_statement
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