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What We Believe and Why - Vol. II
Written by Dr. Lester Hutson

Copyright - Lester Hutson - 1982
This material is copyrighted and may not be copied or reproduced without the express written permission of Dr. Lester Hutson.

Chapter Fifty Two
The Death Penalty

INTRODUCTION: Text: Genesis 9:5-6

Violent crime is a hideous social blight in great proportions in America. Murders and rapes occur every few minutes in America, and robbery and auto theft occur even more frequently. Even more shocking is the number of these crimes committed by teenagers and even younger.

Many "scholars" argue incessantly over whether the death penalty is a deterrent to crime, and over whether it is good or bad. Many of our more liberal minded teachers, preachers, media people, social workers, and psychologists, say the death penalty is no deterrent to crime. I maintain that it is virtually impossible for humans to tell whether it is or not. In an age when most criminals have long, long recorded of previous convictions, the conclusion that the death penalty is no deterrent to crime seems a little strange. Not one person from Adam till now, who experienced the death penalty, ever committed another crime. In Manitoba, Canada, a bank bandit killed a teller during a robbery on Tuesday. The bandit was captured immediately, tried on Thursday, sentenced on Friday, and executed the following Tuesday. They never had another bank robbery for twenty years in the entire province of Manitoba.

The do-gooders who argue the death penalty is no deterrent to crime contradict their own position. There are penalties in the law for lesser offenses, and these people know that without such penalties, offenses would increase. Imagine what would happen were there no traffic fines, no damage liabilities for negligence, and no penalties for shoplifting, stealing or perjury. Penalties for crimes are not the whole answer to cutting the crime rate, but they are surely a strong part of the answer. (The heart must be changed in the citizenry if the problem is to ever be overcome.)

In its run to abolish the death penalty, our society has not abolished the death penalty at all. It has only sought to abolish the death penalty for vicious criminals. It has done nothing to abolish the death penalty for Godly old couples who mind their own business, while obeying the law of the land. I has not abolished the death penalty for innocent girls who are raped and killed in the process, for druggists who are murdered by addicts, for grocers, Savings and Loan tellers, corner store operators who happen to be in the way of some thug who came there to rob and steal, or for unsuspecting bus drivers or families who happen to be unknowingly on the same road with a drunk. No, the liberal do-gooders have only sought to abolish the death penalty for these vicious, cruel, cold-hearted thugs who have no regard for God or anybody else outside their own selves.

Although many reasonable, sound and valid arguments could be offered to counter the claims of those who oppose capital punishment, we shall not spend our time here doing so. Instead we shall consider what God has said on the subject in His Book, the Bible. According to II Timothy 4:1-2 our business is the propagation of the truths set forth in that Book, though we are warned repeatedly that the vast majority will adamantly reflect the positions advocated there, in spite of the fact that the positions are absolutely correct. (II Timothy 4:3-4, Jeremiah 6:10, Jeremiah 36:23, Ezekiel 3:7) However, for Christians and other men who want the truth, the positions on the subject as set forth in the Word of God should settle the issue once and for all.

As we shall proceed to show, the Bible unequivocally teaches capital punishment for certain crimes, and God Himself is the author of it. Many "religiously oriented" people, including many so-called Baptists, disagree, calling capital punishment "barbaric" and "unchristian." We are glad that what is Christian or unchristian, barbaric or civil, right or wrong is not determined by the majority or minority of men, but by God. Thus, we concern ourselves here with what God says on the subject of capital punishment.

I. IN CONSIDERATION OF THE ORIGIN AND AUTHORITY BEHIND CAPITAL PUNISHMENT, IT IS OF SUPREME SIGNIFICANCE THAT GOD INSTITUTED AND SUPPORTS IT.

A. the death penalty is not the hideous invention of barbaric men. It is the outgrowth of our just God who desires the well-being of the whole society.

1. Some have argued that the death penalty was only a part of the law of Moses and consequently is not applicable today.

2. At least 800 years prior to the law of Moses, God told Noah, "And surely your blood of your lives will I require; at the hand of every beast will I require it, and at the hand of man; at the hand of every man's brother will I require the life of man. Whoso sheddeth man's blood, by man shall his blood be shed: for in the image of God made he man." (Genesis 9:5-6) Men can say what they please on the subject, but God has already spoken in favor of the execution, but God has already spoken in favor of the execution of convicted murderers. there is a difference between murder and man-slaughter, and those suspected and those actually proven guilty of murder. There were provisions for those not proven guilty of premeditated murder and for those guilty of manslaughter, but for murderers, the penalty was head (capital comes from the Latin word meaning head) or life punishment. In other words, a murderer forfeited his head or life. Just because that has not been popular with many men since, does not mean God has changed His mind on the subject or revoked His decree.

3. Furthermore, note well that neither a council of men, nor some famous king, historical giant, nor some human government, set forth the principle of capital punishment. God did.

B. When God gave the Mosaic Law, he reemphasized the death penalty.

1. He said in Exodus 21:12, "He that smiteth a man, so that he die, shall be surely put to death."

2. As we shall later see, in giving the law, God expanded the death penalty to include many offenses in addition to murder.

C. Furthermore God never repealed the death penalty.

1. The law, contrary to what some contend, did not repeal the death penalty. Some quote Exodus 20:13, "Thou shalt not kill" as a repeal of capital punishment, although such stratified thinkers, by so arguing, placed the God of heaven in an immediate contradiction of Himself, for in the next chapter, in verse 12, He said, "He that smiteth a man so that he die, shall be surely put to death." And then, against sixteen other offenses, God demanded the death penalty under the law.

2. After Christ fulfilled the law, (Matthew 5:17; Romans 10:4), God never repealed the death penalty. The death penalty was a firmly established principle of law among the Romans and Jews, yet Jesus never condemned that law. Even thou Christ Himself unjustly suffered the death penalty, He never complained against it to be an unjust law.

The thief who died believing Christ indicated his death and the death of the unrepentant thief beside him was "indeed justly." (Luke 23:41) He wasn't condemning capital punishment as being wrong. Instead he was saying it was a just way of punishing wrong-doers.

The apostle Paul was for the death penalty, and if proven guilty, would willingly submit to it. In his trial before Festus, he affirmed, "For if I be an offender, or have committed anything worth of death, I refuse not to die." (Acts 25:11) In referring to the Old Testament law and its penalties in I Timothy 1:8-10, instead of refuting capital punishment, Paul wrote, "But we know that the law is good, if a man use it lawfully; knowing this, that the law is not made for a righteous man, but for the lawless and disobedient, for the ungodly and for sinners, for unholy and profane, for murderers of fathers, and murderers of mothers, for manslayers. For whoremongers, for them that defile themselves with mankind, for men stealers, for liars, for perjured persons, and if there be any other thing that is contrary to sound doctrine."

As late as Revelation 13:10 the death penalty principle is repeated, "He that killeth with the sword must be killed with the sword."

II. THOUGH THE PRIMARY OFFENSE AGAINST WHICH THE DEATH PENALTY WAS TO BE ENFORCED WAS MURDER, THERE WERE OTHER OFFENSES WHICH DEMANDED ITS ENFORCEMENT ALSO.

A. We reaffirm that the death penalty was primarily to be enforced against murderers.

1. In giving the penalty in Genesis 9:5-6, God specified the offense to be murder.

2. That murder is to be avenged by the death of the murderer, as restated in Exodus 21:12, Leviticus 24:17, and in Deuteronomy 19:12-13.

B. Look at certain other offenses which, under the law, were to be punished by death.

1. Willful negligence, which resulted in the death of another. (Exodus 21:29)

2. Violation of Sabbath day restrictions. (Exodus 35:2)

3. The cursing of parents by children. (Exodus 21:17; Leviticus 20:9)

4. Continued rebellion against parents by children. (Deuteronomy 21:18-21)

5. Bestiality. (Exodus 22:119; Leviticus 20:15-16)

6. Witchcraft. (Exodus 22:18; Leviticus 20:27)

7. Adultery. (Leviticus 20:10; Deuteronomy 22:22)

8. Incest. (Leviticus 20:11-12, 14, 17)

9. Homosexual acts. (Leviticus 20:13)

10. Prostitution. (Deuteronomy 22:20-21)

11. Rape. (Deuteronomy 22:23-25)

12. The stealing of public property. (Joshua 7:10-26)

13. Kidnapping for slave trade. (Exodus 21:16; Deuteronomy 24:7)

14. Idolatry. (Exodus 22:20; Deuteronomy 13:6-10; Deuteronomy 17:2-7)

15. False prophets. (Deuteronomy 13-15; Deuteronomy 18:20)

16. Blasphemy. (Leviticus 24:16; I Kings 21:10-13)

C. It would be hard to read these passages and fail to see that the Bible is in favor of the death penalty.

1. It is not our purpose here to specify all the offenses today which would be worthy of the death penalty. No doubt, some of the above laws were given specifically to Israel as a nation and are not for all nations of every age.

2. Our purpose is to show that capital punishment is rooted and unequivocally taught in God's Word, and those who argue against it cannot use God or the Bible as their support.

III. THE ENFORCEMENT OF THE DEATH PENALTY IS NOT THE JOB OF INDIVIDUALS, BUT RATHER THE RESPONSIBILITY OF CIVIL GOVERNMENT.

A. In Genesis 9:1-12 God established human government.

1. Before the flood, there was no recognized form of human government, designed to suppress and punish evil doers. Apparently, God dealt directly with men in matters of justice. Cain murdered Abel, but God directly spared his life. Lamech, who killed a man in self defense, did not have to defend himself before any earthly tribunal.

2. After the flood God specifically set forth capital punishment as the penalty against murder. Note well that God ordained it and said it was to be carried out "by man."

B. There are certain responsibilities given to men in a collective sense.

1. For example, the three functions of the great commission in Matthew 28:19-20, are to be carried out by the church as an institution, not by individual believers apart from the church. Yes, individuals do this work, but only as participants in the institution God ordained for that purpose.

2. Likewise, individual men must carry out the death penalty, but only as an official organ of the God-ordained institution of government.

3. It is not the responsibility of individuals to avenge themselves. This is the responsibility of human government. Of such, Romans 13:1-7 says, "Let every soul be subject unto the higher powers. For there is no power but of God: powers that be are ordained of God. Whosoever, therefore resisteth the power, resisteth the ordinance of God: and they that resist shall receive to themselves damnation. For rulers are not a terror to good works, but to the evil. Wilt thou then not be afraid of the power? Do that which is good, and thou shalt have praise of the same: for he is the minister of God to thee for good. But if thou do that which is evil, be afraid; for he beareth not the sword in vain; for he is the minister of God, and revenger to execute wrath upon him that doeth evil. Wherefore, ye must needs be subject, not only for wrath, but also for conscience sake. For this cause pay ye tribute also: for they are God's ministers, attending continually upon this very thing. Render therefore to all their dues: tribute to whom tribute is due; custom to whom custom; fear to whom fear; honor to whom honor." Note well that the power of government is ordained of God, and one of the functions of the person in power in government is to "bear the sword." Now a sword is not used for spanking; it is a death weapon. Thus, in total harmony with the Bible over all, this passage reemphasizes the power and responsibility of government to execute the death penalty against men who commit certain heinous crimes.

4. The apostle Peter also affirmed that one of the functions of government is "the punishment of evil doers." (I Peter 2:13-14)

5. Let us again remember Paul's statement to Festus in Acts 25:11. he said to the head of the state, if he had committed anything "worthy of death" he refused "not to die." By the reasoning of many o f today's pseudo-intellectuals, there is no crime "worthy of death." But their thinking is totally out of harmony with God's thinking, as set forth in the Bible, Old or New Testaments.

C. It is interesting to consider that the death penalty is the very foundation of salvation.

1. Jesus Christ suffered the death penalty. From our standpoint, this execution was unjust, although from God's standpoint it was just.

2. Though Christ was guilty of no crime, yet He "bore our sins in his own body." (I Peter 2:24) From God's standpoint He had to die for justice to be done.

3. If there had been no death penalty at the time of the cross, there could have been no salvation for the sinner today. If the do-gooders could have succeeded in repealing the death penalty of the Romans and Jews, every man would be lost and in sin today, for there would have been no death of the Savior "according to the scriptures." (I Corinthians 15:3)

CONCLUSION:

The death penalty may not be popular, and no man should take pleasure in the death of another. It is sad that some men so live as to deserve death at the hands of the state, although some do. And when they do, God's Word teaches that they no longer be permitted to live.

"It Does Make a Difference What You Believe"