What Would Jesus Do?
(STATEMENT ON
ANTILLES - CRA)
CAPITAL PUNISHMENT
BY
THE
CONFERENCE
OF THE
RELIGIOUS
OF THE
Violent crime is a destructive force that touches all of us. It creates fear and anger within
us; it endangers our families and friends; it hurts our businesses and work; and it puts
our whole society at risk. In the Caribbean, we have seen violent crime increase at an
alarming rate, and we have all been affected by its destructive powers. Faced with
growing social disorder, our political leaders - with wide popular support - have resumed
the death penalty, or threaten to do so, in the hope that it will solve our problems of
violence and crime. As responsible Christians we must think carefully and prayerfully
about the question of capital punishment, because it is an important decision: we hold in
our hands the sacred gift of life, and we hold also the power to take that life. Such a
decision can be confusing, since there are many feelings, tears, arguments and
viewpoints that seem to contradict each other. Some people cannot be bothered to take
the rime to think the question over carefully. Hopefully there arc a good number of
honest and sincere persons, however, who will read this letter seeking the light of the
Holy Spirit for guidance and instruction. It is to this group that we write the following
reflections.
‘Donald’s’ words:
"It is now New Year's Day. I just got up and my mind is already filled with wonder.
I thought, I need someone to speak to^ so I write to you. A whole heap of
questions are going through my mind. What will this New Year be for me? Will
this year be like last year or the other years on death row? All those dark clouds
of despair which hang over me the last eight years - will there be a change this
year?... I know it is impossible for you to answer these questions. I just need to
tell someone about them."
1. Donald s question is shared with more than 175 men now on death row in
prisons across the Caribbean. Their question is also shared with us who call
ourselves Christians because we are their brothers and sisters. There is a painful
irony in the (act that we should be reminded by Cain, the Bible s first murderer,
that we are truly our brothers' and sisters' "keepers" (Genesis 4:8).
2. Any Christian discussion of capital punishment must be held in the light of
revelation, the words and actions of God we find in the Bible. This revelation is
one that deals with everything in life, and its relationship to God. Jesus taught
that the Kingdom of God is not merely a place of the future, but it is "among you"
(Luke 17:21), and so it involves everything in our lives: our personal lives as well
as our social institutions. The Christian is called to try to make sense of day to
day concerns and events, informed and enlightened by the Bible, especially the
teachings and the life of Jesus.
3. It is important that we clear up one central confusion. All of us in the Caribbean,
for or against the death penalty, share a common aim, a common purpose — to
work at ridding our countries of violence and crime. Whether we are for or
against the death penalty, we all want to make our lands safe and prosperous.
So, if a person opposes capital punishment and offers alternatives, it does nor
mean that he or she is any less committed to fighting crime. True justice and
peace in our communities may in fact only come by looking for effective
alternatives.
4. In responding to Donald, there is in all of us a part that wants to shout, "Poor
you!! - at least you're alive. What about your victims? What about the families
who had loved ones torn out of their lives by your brutality?" This anger is
something that we can honestly feel about those who have hurt us or those we
care about. Talking about "love of neighbour" or "human rights" or giving excuses
about poverty and childhood neglect do not make the burning desire for revenge
and satisfaction any less real. Even God's wrath blazes out against Cain for the
murder of his brother Abel.
5. Yet we have much to learn from the Bible story about Cain and Abel. Cain
receives a punishment that will last the rest of his days. God restores justice to
the people by means of punishment: for the sake of the correction of the
offender, as well as the compensation of the victims. However, God not only
spares Cain’s life, but provides him with a "mark" of divine protection (Genesis
4:1-15), so that the cycle of violent revenge and injustice might be broken. This
story from Genesis shows us that Gods anger becomes mercy in order to
promote justice. To experience anger when someone threatens us and hurts us
with violence is normal. But if we stay angry, acting on the desire for revenge,
then hatred and violence will prevent us from imitating the mercy of God that
seeks to restore justice, rather than promoting vengeance.
6. Does Gods Mercy - described so often in the Old Testament — make God "soft
on crime"? Not really. Gods aim, his purpose, is not furthered by remaining in his
righteous anger. Gods desire for justice and for our salvation is better served by
merciful compassion, like a father would have for a prodigal son (Luke 15:11-32).
And our purpose, however imperfect we are, is to become like God, imitating his
justice, mercy and compassion.
7. Those who know the Bible well, know that in ancient Israel, according to the
Book of Leviticus, there were many crimes that were punishable by death. And
people will often quote the early code of Israel's Law that decreed "an eye for an
eye" (Exodus 21:24). Murderers, therefore, people argue, should face death as
their punishment. Yet the Law of Israel was not intended to encourage revenge
and violence, but to prevent people from taking the law into their own hands and
punishing offenders in an excessive way. The "eye-for-an-eye" law, then, was an
effort to make the punishments of the times gradually more humane, less
extreme.
8. More importantly, the revelation of God in Scripture does not end with the Old
Testament. The Law of Moses and the Prophets is fulfilled in Jesus Christ
(Matthew 5:17). Through the words and actions of Jesus, we discover our God
as a loving and just Father, for Jesus is "the image of the unseen God"
(Colossians 1:15). The imperfection of the Old Law (of Moses and the prophets)
is replaced by a justification that comes through faith in Jesus Christ as Lord of
all (Romans 3:21-28). Jesus preaches that what has been taught in the past is
now being replaced with an even higher law, the "new commandment";
"You have heard that it was said, 'an eye for an eye, and a tooth for a tooth. ’ But
now I tell you, do not take revenge on someone who wrongs you.” (Matthew 5:38)
The teaching of Matthews Gospel ends with a summary of this new teaching: "Be
perfect as your Heavenly Father is perfect" (Matthew 5:48). In the Gospel of
Luke, the same teaching ends with the command: "Be merciful just as your
Father is merciful" (Luke 6:36).
9. While many of us may agree with these teachings in theory, the hard cold reality
of escalating violence may cause us in practice to label such ideas as unrealistic.
"As nice as it sounds, it won't work in the Caribbean," some people say. And the
same people would have us believe that our societies are not ready to join
countries like the Dominican Republic, Mexico, South Africa, Canada and
England and many others in seeking alternatives to the death penalty in the
struggle against crime and violence. It is an insult to our dignity as Caribbean
peoples to suggest that we are not "developed" enough or spiritual enough to
find practical solutions to violent crime without imposing the death penalty.
10. “I guess you can hardly blame people - they’re scared …” This is the wise
comment of Howard, a longtime veteran of death row. More than the unreadiness
of our society, Howard reveals what could be part of the reason for the frequent
call for more executions. Fear, and the despair that it engenders, can cause the
most stable among us to grasp at any kind of solution. There is something
instantly satisfying in reading about a criminal being hanged for his crime. It gives
us a sense that justice is being done. But we know too well that "hurry-come-up"
solutions do not really fix the problem. "Hurry-come-up" responses betray despair
instead.
11. When we are trying to find long-term, effective ways to prevent violence and
crime, it is always better to avoid following a false "feeling" of satisfaction, or the
desire for revenge, or be mastered by anger or frustration. And we know well the
danger of acting in the passion of the moment, of participating in mob justice.
After the feelings have gone, there is a terrible sense of emptiness — a horror
that the violence has become part of us. Most of the time, we do not have that
feeling in the case of capital punishment; it happens out of our sight, by people
we do not know. Those who are involved in state executions, however, know the
horror: chaplains, witnesses, journalists, executioners, and wardens. There is no
"clean" execution. The witnesses of the crucifixion of Jesus beat their breasts in
shame and "looked on him whom they pierced" (John 19:36). When the anger
and the desire for revenge seem satisfied by capital punishment, we arc left only
with the repulsive stain of blood on our hands.
12. Story after story, Jesus teaches his people about the hope God has for
humanity. The Good Shepherd leaves the flock of ninety-nine to find the lost one,
and rejoices when that one is found, for "there will be more joy in heaven over
the one sinner who repents, than over ninety-nine righteous persons who need
no repentance" (Luke 15:4-7). The father of the prodigal son celebrates the
return of his son, for "he was lost and has been found" (Luke 15:32). The "good
thief" crucified alongside Jesus is promised paradise for his late conversion, in
spite of his guilty past (Luke 23:33-43). The adulteress woman escapes death by
stoning if only because of the mercy of Christ who knows the guilt of all persons
(John 8:3-11). The sinful woman, who comes to beg the forgiveness and
compassion of Jesus, is an unwanted guest at the Pharisees house, but is saved
by her faith, for "her sins, which are many, have been forgiven, for she loved
much; but he who is forgiven little, loves little" (Luke 7:36-50). Our refusal to
despair, our belief in the reform and forgiveness of people caught in a cycle of
destructive behaviour, is not a foolish faith, but based on the unwavering hope
that "all things are possible with God" (Mark 10:27).
13. If we are serious about our common goal of reducing crime and brutality then it
is this cycle of violence that we should be paying attention to, instead of trying to
calm our fears with emotional appeals for hanging. Are we encouraging an
environment of violence by continuing to call for the use of the death penalty?
The teachers among us might ask us the question: "Is killing people any way to
teach people not to kill people?"
14. Many countries outside the Caribbean have voted decisively to remain with their
earlier decisions to abandon the death penalty as a means of fighting violence
and crime. Even in the face of the most brutal murders, England, Canada,
France, Italy, West Germany, the United Kingdom have not returned to the use of
execution. It is especially significant that South Africa, under the new presidency
of Nelson Mandela, abolished the death penalty as the first act of its
constitutional court - as a powerful symbol of the end of the violent oppression of
the Apartheid State.
15. But the question that remains for most people: Does the death penalty really
prevent and deter violent crime? It is generally agreed from the many studies
done by criminologists and sociologists worldwide that there is no clear
relationship between the homicide rate and the imposition of the death penalty. In
fact, in some countries that abolished capital punishment, murder rates have
even decreased.
16. It is wise to consult the experience of other nations, but we should listen
especially to the wisdom of our own Caribbean people. In Jamaica, the Barnett
Commission (1974) and the Frazer Commission (1979) produced reports that
dealt specifically with capital punishment, questioning the effectiveness and
desirability of executions as the ultimate penalty. Likewise in Trinidad, the
Abdullah Report (1980) examined capital punishment as part of a larger study of
penal reform and rehabilitation. Their research, conclusions and
recommendations did not vary significantly from the viewpoint of nations outside
the Caribbean.
Since capital punishment cannot be justified as effectively preventing murder, the
Frazer Commission concluded:
[This] committee is likewise of the opinion that death as a penally for
murder should be abolished. (Frazer: no. 18)
17. While these Commissions' reports might not express popular opinion, they do
reflect the judgement of well-respected West Indians who have studied,
researched, and discussed the issue of capital punishment, in an attempt to
develop a responsible position. Sometimes from the sidelines, we might be
tempted to yell, "Crucify him, crucify him!" We would be foolish to ignore the
wisdom and advice of these qualified Commissioners.
18. The Commissions did not ignore the need for adequate punishment of the
offender and compensation of the victims. They addressed the two vital issues of
concern to both sides of the death penalty discussion: first, the dependents of
murder victims; and secondly, the release of convicted murderers. The reality is
that the alternative to capital punishment addresses these questions with
substantial, specific proposals:
... The convicted murderer should be required to contribute (by working) to a fund
for the compensation of the victims of homicide. The response to work by the
condemned man could be seen as a measure of their remorse and as a practical
effort towards alleviating the suffering they caused. Additionally, their monitored
approach to work in prison might be a valuable test whereby to determine
whether they will ever be able to re-enter society as productive individuals
capable of contributing to their own maintenance. (Frazer: no. 25)
19. The real deterrent to violent crime is arrest and conviction, not the nature of the
punishment. The reduction and prevention of crime is connected not only to fear
of punishment, but the positive reform of enforcement methods, judicial
processes and rehabilitation of criminals. Prevention also begins in the home and
in our schools: the care, education and love of our children is an important
beginning in the process of social change.
THE MURDERERS
20. For most, the image of the murderer is one of a hardened, wicked, ugly villain,
crouched and with wild eyes... The reality is that many of our death row people
are [young and, for the majority, this is their first criminal offence. Some are not
even truly guilty of the crime for which they were convicted, but because of their
social status and lack of financial resources they had inadequate legal
representation. Most convicted murderers are of a poor background, often
unemployed at the time of the crime, with little or no formal education. Some
suffer from mental illness. These factors do not excuse violent behaviour, but
they are liabilities in the ordinary judicial process. If the accused is socially
disadvantaged, there is less chance for good legal representation. In countries
where race and class are related, visible minorities are executed
disproportionately by the state.
21. While the Frazer Commission report presents a lot of data on the inmates' family
history, education, employment, possible motivation, and the like, no attempt was
made to draw specific conclusions. The closing observation of the Report of the
Research Team by Mr. Delroy Chuck, however, summarizes their assessment
well:
In every country in the world, history shows that the death penalty has been
unjustly imposed. It bears unequally and irrevocably on the poor, on minorities,
and on oppressed groups within the population. THE ABOVE CONCLUSION
WOULD CERTAINLY BE TRUE IF THE MEN PRESENTLY ON DEATH ROW
WERE EXECUTED.
(Frazer: p.57, emphasis added)
22. In the Gospels we see that Jesus has a special love for those on the edge, for
the seemingly irrelevant, the insignificant. It is not because they are good or
particularly deserving, but simply because they ARE the powerless and the poor
that they are special. If we profess faith in the God of Jesus, then we are
committed, in a special way, to attend to his "chosen ones." No matter how
twisted or distorted a persons life may have become, whatever the cause, that
person remains a child of God, one who has a fundamental right to live. To reject
that person — and to reject them totally by taking away his life — is to reject the
One who created us all in Gods image and likeness.
23. What would Jesus do? In the story of the woman taken in adultery (an offence at
that time that was punished by stoning to death), the teaching of Jesus is clear:
"Let any one among you who is without sin cast the first stone..." (John 8:7). By
this judgement, Jesus reveals to us the truth about ourselves: we are all in need
of his forgiveness, and we are all capable of conversion and redemption. This is
at the centre of our Christian faith, hope and love. If we are truly sons and
daughters of our Father in heaven, we will be of one heart and mind with Christ,
disciples who truly imitate his mercy and justice.
24. In the past, the Church tolerated capital punishment as a means of protecting
society against unjust aggressors — assuming that the threat of a death penalty
acted as a deterrent to murder, and on the condition that the guilt and personal
responsibility of the accused was firmly established. Scientific research shows
consistently that the murder rate is not related to the threat of execution. And all
too often the imperfection of our judicial system has manifested itself- innocent
persons have been convicted and executed. When the penalty is death, there is
no allowance for the possibility that our institutions of justice can make a mistake
in conviction. Innocent men become the victims of the violence of the State.
25. Because it does not deter; because an irreversible mistake can be made and
innocent men are executed; because there is ample Biblical teaching against the
use of the death penalty; and because Jesus himself preached against it, the
Roman Catholic Church has made its teaching against capital punishment more
strong over the past few years: society can protect itself without resorting to
capital punishment, and punish in ways that preserve the dignity of each person
and the hope for reform: "...the cases in which the execution of the offender is an
absolute necessity are very rare, if not practically nonexistent" (Catechism of the
Catholic Church. No. 2267).
26. So, with the Church, the Conference of the Religious of the Antilles invites every
Christian and every person of good will to respect and protect the dignity of all
life: the lives of the unborn, the lives of the sick and old, as well as the lives of
those who have even taken life, so that we might not underestimate the power of
Gods love to heal and redeem each and every person. In this special Jubilee
Year, we call for a new beginning for the world: a celebration of the justice and
life of God that redeems us in the Spirit and through Jesus Christ.
27. WHAT CAN WE DO? If, after reflection, discussion, and prayer, you find
yourself in agreement with the sentiments of this article and want to act on your
decision, the following may help to find a course of action.
i)
Write a brief, courteously worded letter to political leaders and heads of
state (Governor General, President, Prime Minister, the Leader of the
Opposition, the Minister or Secretary of National Security, or Justice). In
the letter, include the main reason for your decision and encourage the
abolishment of the death penalty.
ii)
You may want to send a copy of a letter to the state leaders to the national
or local newspapers. Articles and letters to the editors of these
newspapers are also a good way to help educate the public, and provide a
voice of opposition — especially at rimes when the death penalty is again
being proposed by governments, or executions are being resumed.
iii)
You may be able to organize discussion and prayer groups at your local
Church or in schools that would help people understand the issues, Jesus'
teaching, and the alternatives to the death penalty. The ministry of
teaching, risking prisoners, prayer and reflection are important actions of
Christian life, and our actions often speak louder than our words.
iv)
Church groups could also make a special effort to offer out-reach
programmes to the families and friends of murder victims, as well as
sponsor prayer services.