Jonathan V. Last wrote a column in the opinion section of the November 25th edition of the _Sunday Tulsa World_ newspaper. In "Morality: The only real legal argument" he presents an opinion of why a conservative should abolish the death penalty for most murderers.
I agree that of the three reasons given as to why the United States should or should not have capital punishment the one which applies is the moral issue. Constitutionality, or practicality hold no argument. I also agree with Jonathan that the moral question involves the state taking "divine authority unto itself". His conclusion of this argument is true. "The enactment of capital punishment is something like the establishment of a state religion."
Jonathan does a good job in a short amount of space to narrow the subject down to these valid points. Richard Land, of the Southern Baptist National Ethics and Religious Liberty Commission or Dr. James Dobson would be forced to take a different logical argument than I am about to make because they, in agreement with most of the Christian ethics experts, believe in a non-Christian pluralistic civil government.
Jonathan mentions "justice and mercy are necessarily in conflict" to say "society [should] choose mercy over justice". Where he goes wrong is to hint that justice may simply go away. In a legal system where mercy is encouraged, justice is always served. Well, at least "justice" as defined by humans. Mercy involves voluntary behavior. Where is the "justice" in forcing taxpayers, maybe even close members of the victim's family, to pay the cost of life-time imprisonment for the murderer? Isn't this a perversion of Justice itself, i.e., "the state arrogates divine authority unto itself"? So logic says for the state to either enact or abolish capital punishment is something like the establishment of a state religion. Yes, the state must make moral and ethical decisions. There is no avoiding the fact, it is God-like activity.
The Bible is full of examples discussing capital punishment, and in some cases the murderer is not put to death. Consider King David. He committed adultery with Bathsheba then manipulated things to get her husband murdered. He thought he got away with it until he was confronted by Nathan, a prophet. Israel under King David arguably was the most obedient to the national civil law given in Torah. David knew that if any other person were King he would have been stoned to death. Psalm 51:4 gives David's confession "against you, you only, have I sinned and done what is evil in your sight." David realized that God placed the civil government and civil law and punishment as His vehicle for civil justice. This idea is repeated through the Old Testament where God judges nations, and not just Israel, for not following his standard of Righteousness and Justice. It is also confirmed in the New Testament in Romans 13 where the civil servant is described as God's servant.
Although there may be argument about the mode of capital punishment, stoning vs more modern methods, capital punishment for first degree murder is wholly in line with God's standard of Justice given in the Bible. In fact, wherever our civil government deviates from His Justice, we need to repent and resubmit to Scripture.
