Capital punishment and the exercise of justice

On Sunday, Nov. 21, Darrell Brooks allegedly drove his red SUV into a Christmas parade in Waukesha, Wis., murdering six people, including an eight-year-old boy.

There are more questions than answers. Why was Brooks even free, given his long, violent criminal history and a recent arrest? Why haven't the police revealed—or the media reported—his motive?

More clarity may come with time. For now, Christians should ponder the question that no journalist, judge, or jury can fully answer: What does justice look like for these lost lives?

Prosecutors will make the case for first-degree murder, and they may prevail, sending Brooks to prison for life. But, what about the death penalty?

Execution is not permitted under Wisconsin law, and Brooks may not be convicted on federal charges that would sentence him to death. However, because Christians care about how God—not just the state—defines justice, it is worth considering whether, from a biblical perspective, Brooks’s alleged crime deserves capital punishment.

It is a hotly debated subject on which faithful Christians disagree. Opponents to the death penalty posit that capital punishment does not appear to deter murder, and they prefer what is typically referred to as “restorative” or “rehabilitative justice,” in which criminals are given the opportunity to be reconciled to their accuser and/or rehabilitated and restored to society.

Anti-capital punishment Christians argue that Christ’s warning against retaliation and his command to forgive preclude the morality of the death penalty (Matthew 5:39, Matthew 18:21-22). They point out that Romans 12:19 also forbids vengeance.

And, ultimately, they insist that Jesus’s sacrifice on the cross represents the hope of redemption for everyone, and the justice system should give a person as many years as possible to take hold of that hope. Thus, they view capital punishment not only as unbiblical and contradictory to a pro-life stance, but fundamentally anti-gospel.

However, if the death penalty is unbiblical, anti-life, and anti-gospel, then so is God.

In Genesis 9, God creates a covenant with Noah, in which he demands—not merely suggests—the death penalty for murder. This is not because he is flippant about human life. It is precisely the opposite, as God makes clear in the “why” of his command: “for God made man in his image” (Genesis 9:6).

Because God loves people, because they, unlike any other creature or organism on earth, bear his image, he asserts that the only adequate punishment for intentionally taking a person’s life is death.

The Noahic covenant predates the formation of Israel, and the stated reasoning for the death penalty (that humans are made in God’s image) transcends particular times and cultures. The sort of justice established in Genesis is a creational ordinance—just societies will establish systems of retributive justice. Any suggestion that the death penalty was only for the ancient Hebrews or was abolished by Jesus just does not hold water.

Jesus’s insistence upon forgiveness and warnings against vengeance are presented in the context of interpersonal relationships; they are not rules for the state. The same goes for Romans 12:19. Even Jesus’s extension of mercy to the woman caught in adultery in John 8 does not imply the state’s lack of authority in doling out capital punishment, but rather is an indictment against hypocrisy.

Romans 13:4 makes clear that one of the duties of the government is to punish the wrongdoer by wielding “the sword.” Since God’s Word does not contradict itself, every verse is read in light of the rest of Scripture. In doing so, individuals are called to forgiveness and to resist revenge, but the state has a God-given right to exact punishment for evil.

As for the hope of salvation for a convicted murderer, the Christian trusts in God’s perfect sovereignty in ensuring the salvation of his chosen ones, including those who may be on death row (Ephesians 1:4-5).

Perhaps there are practical reasons to oppose the death penalty in the United States today. One may believe it is too expensive, that it is simply not necessary, or that our system is too unreliable to guarantee a correct verdict and therefore the possibility of executing the wrong person is too high.

A Christian may agree with these protestations and still acknowledge that there is no Biblical case against the death penalty per se that does not also impugn the character of God or the testimony of Scripture, which prescribes it.

Unlike people, God is completely just and loving (Psalm 7:11, 1 John 4:8). Therefore, no one and no law can out-justice or out-love him. If the God who is love and who created justice demands execution for murderers because humans are made in his image, then Christians are loving and just to agree with him.

No matter the outcome of Darrell Brooks’s eventual trial, Christians must live by God’s definitions of justice, love, and compassion, anticipating the day when Jesus will banish sin and sadness and rule in perfect righteousness forever. In the meantime, when it comes to murder, what message is our society sending?