Capital Punishment: Overview

By Barrett Duke - Mar 22, 2001 - 4

Capital punishment, or the death penalty, refers to the execution by the state of those guilty of certain crimes. Though some have opposed capital punishment for ideological and practical reasons, it is important to note that God mandated its use. This divine mandate occurs first immediately after the Noahic Flood. In Gen. 9:6 God instructs Noah and his sons, “Whoever sheds man’s blood, by man his blood shall be shed.”

God’s reason for issuing this mandate is that humans are created in the image of God (Gen. 9:6). Mankind’s creation in the image of God is what makes all human life sacred and can bring a penalty as severe as death for its violation.

The right to exercise capital punishment is reserved for the state, not the individual. There is no place for personal revenge in the administration of this punishment (Rom. 12:19). It is the state’s responsibility, as God’s civil servant on earth, to protect its citizens and to punish those who harm them (Rom. 13:4,6). Capital punishment provides the state the means to apply the appropriate punishment to the crime (Deut. 19:21).

God instituted capital punishment as a legitimate punitive option for every state. Its institution predates Israel’s birth as a nation and Moses’ divinely inspired directions for the nation’s governance, eliminating the possibility that capital punishment was mandated solely for Israel. God issued guidance on capital punishment to earth’s only surviving people (Gen. 7:20-24); these people and God’s instructions to them provided the foundation for all subsequent governments.

Capital punishment remains a valid instrument in the state’s administration of justice. Paul affirms that the governing authorities “do not bear the sword (machaira) for nothing” (Rom. 13:4). It is likely that Paul is expressing the general principle that the state has the right to punish its citizens for breaking its laws. More specifically, however, since the machaira (sword) is typically an instrument of death in the New Testament, and certainly in Romans (cf. Rom. 8:35-36), it is evident that the state’s authority to administer justice includes capital punishment.

The state possesses this power of death to punish evil (Rom. 13:4; 1 Pet. 2:13-14); however, only those acts identified by God as evil justify the use of capital punishment (Isa. 5:20). A state that uses capital punishment for something other than punishing evil as defined by God abuses its power and violates God’s standard for its use. An example of such an abuse of power is Nazi Germany’s killing of millions of Jews.

The state does not violate the sixth commandment (“Thou shalt not kill,” Ex. 20:13, Dt. 5:17 KJV) by its proper exercise of capital punishment. The Hebrew word ratzach, translated kill in some translations of Ex. 20:13 and Dt. 5:17, refers to acts of murder or homicide. A different word, harag, often translated kill, occurs in most other passages in the Old Testament. Rather than violating the sixth commandment by its use of capital punishment, the state actually supports the commandment by executing those who murder.

In order to assure the fair administration of justice God established some important guidelines for Israel, which any state would be wise to adopt, especially in a matter as serious as capital punishment.

The accused person must have committed a crime for which death is the appropriate punishment. God states: “life for life, eye for eye, tooth for tooth, hand for hand, foot for foot” (Deut. 19:21).

Clear evidence of guilt must be provided by two or three witnesses. One witness was not sufficient to result in capital punishment (Num. 35:30; Deut. 17:6). God is aware that unscrupulous people may attempt to use the death penalty for evil purposes. Therefore, He requires multiple witnesses to the supposed crime.

Those charged with crimes must be treated in a uniform and impartial manner, regardless of status (Deut. 1:17) or class (Lev. 19:15). Any society that favors some people and discriminates against others because of class or status, or deprives some of adequate defense, intentionally or through neglect, diminishes its integrity and creates serious doubts about its commitment to justice (Lev. 24:22).

Some view the incident with the woman caught in adultery as evidence that Jesus opposed capital punishment (John 8:1-11). However, Jesus’ reaction in this incident was not directed at the prescribed punishment, but rather at those who sought to trap Him into participating in an act that was illegitimate for several reasons (John 8:6). First, the scribes and Pharisees did not constitute an official governing body. Their efforts represented an illegitimate attempt to exercise the power of the state. Second, there is no indication that there was any formal presentation of charges against the woman or official declaration of her guilt. Third, there is no evidence that the witnesses to the crime were present. At least two witnesses were necessary to prove capital cases and, in many instances, they had to throw the first stones (Deut. 17:6-7).

Jesus did not point out these failings. Instead He used the incident to illuminate the hypocrisy of the scribes and Pharisees by calling for someone without sin to throw the first stone (John 8:7). Only a sinless person could claim the moral authority to execute this woman for a crime for which she had not been legally convicted. Knowing that their situation was legally untenable and that they could not possibly claim to be sinless, the scribes and Pharisees retreated (John 8:9). Obviously, Jesus’ words were directed at the scribes and Pharisees, not the issue of capital punishment.

Though capital punishment remains a legitimate option for the state, this option must be exercised under the strictest of conditions. The state that chooses to exercise the power of life and death over its citizenry must be certain it has done all it can to assure that it is punishing the right person, that the punishment fits the crime, and that everyone, regardless of class or status, has had an adequate, vigorous defense. Anything less may bring the condemnation of God on that society.

Offenses requiring capital punishment in Israel

  • Intentional homicide (Ex. 21:12; Lev. 24:17; Num. 35.16-21, 29-34)
  • False witnessing in capital cases (Deut, 19:16-21)
  • Idolatry (Lev. 20:1-5; Deut. 13:6-11; 17:2-7), including human (Lev. 20:2) and animal sacrifices (Ex. 22:20)
  • Blasphemy (Lev. 24:14-16, 23; 1 Kings 21:13; Matt. 26:65-66)
  • Witchcraft and false claims to prophecy (Ex. 22:18; Lev. 20:27; Deut. 13:1-5; 18:20; 1 Sam. 28:3,9)
  • Profaning the Sabbath (Ex. 31:14; 35:2; Num. 15:32-36)
  • Rape of an engaged woman (Deut. 22:23-27), including the woman if she did not cry out for help
  • Adultery (Lev. 20:10-12; Deut. 22:22)
  • Sexual relations outside of marriage: (a) before marriage, but discovered afterward (Deut. 22:20-21), the woman alone to be executed; (b) consensual relations with another’s betrothed (Deut. 22:23-24), both to be executed; © by a priest’s daughter (Lev. 21:9)
  • Acts of incest, homosexuality, and bestiality (Ex. 22:19; Lev. 20:11-17)
  • Kidnapping (Ex. 21:16; Deut. 24:7)
  • Cursing or striking one’s parents (Ex. 21:15,17)
  • Incorrigibility (Deut. 12:18-20; Ezek. 18:1-18)
  • Refusing to obey the court (Deut. 17:12).

Because God held His covenant people to a high spiritual standard, He specified capital punishment for the above acts. Since no other nation has this same relationship with God, He has not specified that these acts are subject to the same penalty in other societies. However, because God mandated capital punishment prior to Israel’s establishment, at the very least, it is a legitimate response to murder in other societies.

Forms of capital punishment stipulated or mentioned

  • Stoning was the usual method in Israel (Ex. 19:13; Lev. 20:27; Deut. 22:24; Josh. 7:25)
  • Burning (Lev. 20:14. Lev. 21:9)
  • Sword (Ex. 32:27; Deut. 13:15)
  • Spear (Num. 25:7-8)
  • Shooting by arrow (Ex. 19:13)
  • Beheading (2 Sam. 16:9; 2 Kings 6:31-32)
  • Crucifixion, only by Roman decree and Roman soldiers (Matt. 27:22-26, 33-50; Mark 15:15-32; Luke 23:13-33; John 18:28-19:30). Jewish authorities under Roman rule were not normally permitted to execute anyone (John 18:31).

Further Learning

Learn more about: Life, End-of-Life Issues, Citizenship, Capital Punishment, Social Issues

4 comments (post your own) feed

1 On Apr 2nd, 2007, at 4:17pm, Rick Hudgins wrote:

I find it extremely interesting that the vast majority are all laws being used by Christians to justify capital punishment are based within the Old Testament, Israelite (Jewish) context. Religious conservatives (an admittedly loaded term) seem to love to try to apply these same laws of a religion that is not Christianity-whether they are justifying war and foreign occupation, the dehumanization of homosexuals, or advocating violence via “capital punishment.”

Now, Paul does write “...for the authority does not bear the sword in vain! It is the servant of God to execute wrath on the wrongdoer.” (Rom. 13.4, NSRV); however,he also writes just four verses later: “Owe no one anything, except to love one another; for the one who loves another has fulfilled the law.” (Rom. 13.8, NSRV)

Please show me where, in Scripture, *Christ* (who is NOT PAUL, for some of you out there) unquestionably acknowledges and condones the use of capital punishment. Thanks.

2 On Jan 15th, 2008, at 10:26pm, Joe DiMarco wrote:

Rick,

You ask for someone to show you in scripture where Christ condones the use of capital punnishment.  Well for any Bible believing Christian we believe that God the Father, God the Son (Christ), and God the Holy Spirit are one in the same, also known to be the Trinity.

With that said Christ and God are one in the same...Also in John 1:1-2 states,"In the beginning was the Word, and the Word was with God, and the Word was God. He was with God in the beginning.

Going with that and not repeating what was stated in the main article you can see that Christ is the one who condoned capital punishment in the first place. 

The Bible is meant to be taken in its entirety or none at all, it is that simple.  God is the authority of all things and Jesus Christ is in total and complete aggreement with the Father.  So there you have it...You can believe it or not but the facts are the facts.  No need trying to debate it because again it is what it is.

3 On Mar 16th, 2008, at 2:11pm, denny wrote:

We need to remember that the two that was being executed with Christ on the cross. One of the sentenced prisoners on the cross ask Jesus too remember me when you enter Gods kingdom.  Jesus said today you will be with me
in paradise. Jesus didnt interfere with his death penalty given by the Roman government.
If he opposed it and change it he could of influenced the roman government and have that criminal who was caught for his crime taken down from the cross.

Its great though its never too late to accept Christ and enter the kingdom of heaven.

We must obey the laws of the land. Jesus did usher in a new dispensation and gave the laws higher spirtual realm and implimentations but in know where in scripture did he abolish the death penalty.

4 On Jul 17th, 2008, at 9:34am, bill colley wrote:

He whose life is without sin may cast the first stone. Those who advocate the death penalty must have lives without sin.

The death penalty is cruelty, meanness, and revenge.  All of Christ,s teachings speak against this. He never distinguishes between people in government and others.

In the sermon on the mount, Christ did not change the law, but obviously the penalty for its violation - against an eye forv ann eye and tooth for tooth is prohibited.God has always been willing to change his mind based on His people.

I was baptised as Southern Baptist about 60 years ago.I never met a Southern Baptist as a child and young adult who believed in the death penalty. As a result, I am no longer a Southern Baptist.

I strongly believe it is not scriptural. Athought I am not a significant in the eyes of the world, I would very much like for the proclamation on the death penalty be vacated.

If you have read this, thank you.

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