Rehabilitationism—the purpose of justice is rehabilitation not retribution. We should try
to reform criminals—not punish them.
Biblical arguments for
1) purpose of justice is to reform, not punish—Ez. 18:23 God takes no pleasure
in the death of the wicked but rather that he should turn from his way and live.
2) Capital punishment was abolished with Moses’ law (matt 5:38-39)
3) Cain was not given capital punishment
4) David was not given capital punishment
5) New testament love rules out capital punishment
6) Jesus overruled capital punishment with the woman caught in adultery
7) Capital punishment sends unbelievers to hell—if God is “not willing that any
should perish” why should we send an unbeliever to hell prematurely?
Moral arguments for rehabilitiationism
1) capital punishment is unjustly applied—a disproportionate number of
minorities are put to death. It is not applied fairly
2) it is not a deterrent to crime—it does not deter murders, because they still
occur where capital punishment exists
3) capital punishment is cruel and unusual punishment
4) criminals should be cured, not killed—those who commit crimes like this are
socially ill. They need a doctor—not death.
Retributionism—capital punishment is legitimate for capital crimes
Biblical arguments for
1) Noachian Covenant-- The death penalty was instituted in God’s covenant
with Noah
A) God’s Promises
1) never flood the earth again
2) seasons
3) eat meat
B) Man’s Requirements
1) be fruitful and multiply
2) don’t eat or drink blood
3) carry out capital punishment
C) Sign—Rainbow
2) Romans 13
Ro 13:1 ¶ Let every soul be subject unto the higher powers. For there is no power but of God:
the powers that be are ordained of God.
2 Whosoever therefore resisteth the power, resisteth the ordinance of God: and they that
resist shall receive to themselves damnation.
3 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:
4 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, a revenger to execute
wrath upon him that doeth evil.
3) Jesus’ Words to Pilate
John 19:10 Then saith Pilate unto him, Speakest thou not unto me? knowest thou not that I
have power to crucify thee, and have power to release thee?
11 Jesus answered, Thou couldest have no power at all against me, except it were given thee
from above: therefore he that delivered me unto thee hath the greater sin.
4) Paul’s appeal to Caesar
Ac 25:10 Then said Paul, I stand at Caesar's judgment seat, where I ought to be judged: to
the Jews have I done no wrong, as thou very well knowest.
11 For if I be an offender, or have committed any thing worthy of death, I refuse not to die: but
if there be none of these things whereof these accuse me, no man may deliver me unto them. I
appeal unto Caesar.
5) It is a deterrent
De 17:12 And the man that will do presumptuously, and will not hearken unto the priest that
standeth to minister there before the LORD thy God, or unto the judge, even that man shall
die: and thou shalt put away the evil from Israel.
De 17:13 And all the people shall hear, and fear, and do no more presumptuously.