ProDPinNC: 11/05/2023

Thursday, November 09, 2023

Journalism? Ethics? Media Disaster: WFIU/NPR's "The Rush to Kill"

Journalism? Ethics? Media Disaster: WFIU/NPR's

"The Rush to Kill" Episode 4: Poison

Sent 11/7-11/8/2023

To: All Leadership, Faculty & Staff, The Media School, Indiana University, Bloomington

Leadership Team, NPR

NPR's Investigations, Legal Affairs, Politics and Justice

CC: Indiana Pro Chapter, Society of Professional Journalists

Indiana Student Chapter, Society of Professional Journalists

Professional Standards and Ethics Committee, Society of Professional Journalists

All Indiana College/University Student Newspapers &

Student Journalism Groups

Indiana High School Press Association

Quill Magazine and Denver Lions Club

all emails, at bottom

Subject: Journalism? Ethics? Media Disaster: WFIU/NPR's "The Rush to Kill" podcast, below

From: Dudley Sharp, independent researcher, death penalty expert, former opponent, 832-439-2113, CV at bottom

PREFACE

I am a pro death penalty expert (CV at bottom) and former opponent, who fact checked and vetted the debate for two years, prior to changing positions (constantly updated "Research, w/sources, w/fact checking/vetting & critical thinking, as required of everyone.", at bottom).

I have been working with media since 1995 (CV at bottom).

Factually, as a general rule, the media uses anti-death penalty material, with no fact checking, no vetting and, rarely, seeks out pro-death penalty experts as a balance for perspectives or for fact checking/vetting that anti-death penalty material, as repeated, below.

Very likely, this may have occurred within one of your articles or those of another, at your media home.

For perspective and research, here are seven pro death penalty experts, listed within "Students, Academics & Journalists: Death Penalty Research ", at bottom.

I have been sending out material like this, for decades, not expecting any consideration, correction, cooperation or acknowledgement and, very rarely, have I been surprised.

Any ethical interest? Please, surprise me. Take a look:

I look forward to speaking with you.

Journalism? Ethics? Media Disaster: WFIU/NPR's "The Rush to Kill" podcast

originally sent 11/4/2023, updated/edit resent 11/5, herein

slight but important additional edits 11/6

To: "The Rush to Kill "Team (The WFIU/NPR Team)

WFIU's George Hale, Cathy Knapp, Sara Wittmeyer, Perry Metz and

Graham Smith and Meg Anderson NPR Investigations Desk as well as Eva Tesfaye, Lauren Gonzales, Adelina Lancianese and Argin Hutchins

please forward to all others, involved

Subject: Media Disaster: "Rush to Kill": Episode 4: Poison

RE: "The Rush to Kill" podcast series by NPR station WFIU

From: Dudley Sharp, independent researcher, death penalty expert, former opponent, 832-439-2113, CV at bottom

WFIU's Media Disaster: "The Rush to Kill" podcast; Episode 4: Poison

Method: The "WFIU/NPR Team audio:" is from their podcast, Sharp is my reply or comment.

IS THIS THE PERSONIFICATION OF INTENTIONAL NO FACT CHECKING, NO VETTING, NO CRITICAL THINKING AND/OR LYING TO YOUR AUDIENCE? ARE THERE OTHER CHOICES?

1) Very much a repeat of the disastrous anti-death penalty Introduction and Episodes 1, 2 and 3 (1).

2) For example, WFIU/NPR Team audio: "There is no reason to, even, believe the executed people were even tired".

Sharp: The WFIU/NPR Team never, even, looked up the symptoms of pentobarbitol overdose, which are:

Drowsiness, tiredness, fainting, coma, stupor, slowed or absent breathing,
among others (https://medlineplus.gov/ency/article/002508.htm)

or, did WFIU/NPR Team lie? Or?

3) Sharp: Did you notice that choking and coughing are not on the symptoms list? WFIU/NPR Team? Dr. Zivot?

The truthful media description for Dr. Zivot would be that he is an anti-death penalty activist, who happens to be an anesthesiologist.

4) WFIU/NPR Team writes: "But records obtained by NPR and WFIU suggest the federal government's preferred execution chemical caused massive damage to prisoners' lungs and might have caused excruciating pain in their final moments."

Sharp: Might? Aliens might have landed in my garden. Same amount of proof, for both. That is why pulmonary edema is not even mentioned as symptoms in pentobarbitol overdoses.

Two questions: How long does it take pulmonary edema to cause discomfort? How long does it take to become unconscious with a massive, lethal overdose of pentobarbitol?

Journalism 101 suggestion: Don't consult with a pro or anti-death penalty specialist MD, but two or three neutral specialists. Just a journalism thought.

Third question:

How was it possible for journalists not to ask those two questions?

They are either all idiots or they, intentionally, decided not to ask. Is there a third reason?

======

The Death Penalty: A Repudiation of Journalism, by Journalists?

https://prodpinnc.blogspot.com/2023/11/media-disaster-repudiation-of.html

======

5) Sharp: You interviewed Zivot, Chammah, both well known anti-death penalty. Not even a neutral doc or pro-death penalty expert, throughout? Of course not.

6) WFIU/NPR Team audio: "It is crucial to have an impartial (journalism) participant" (26 min, 20 seconds, in podcast),

Sharp: Laughable/sad in the context of "The Rush to Kill's" journalism.

7) WFIU/NPR Team audio:"That might serve to mislead our audience about lethal injection."

Exactly what WFIU does, as is undeniable.

8) WFIU/NPR Team audio: "Even though (lethal injections) botched rate is higher than any other execution procedure, in the US."

Sharp: How much you wanna bet, WFIU/NPR "forgot" to fact check/vet that?

Rebuttal: Botched Executions
http://prodpinnc.blogspot.com/2017/01/rebuttal-botched-executions.html

Any bets?

9) Sharp point from WFIU/NPR Team audio: The fact that the WFIU/NPR Team had to, even, ask if journalists should witness executions tells us everything we need to know about how non-serious the WFIU/NPR is about journalism.

10) Sharp: The Hippocratic Oath bans both abortion and euthanasia, but not executions. "Do no harm" is not in the HO, but is in another, venerable medical saying which, only, regards medical patients.

11) Sharp: Apparently, long speech by an anti-death penalty psychiatrist/psychologist. Who? Sarat, maybe, just playing a role? Nonsense.

Ugh.

12) WFIU/NPR Team audio: "If people like (Dr.) Joel Zivot are right, "(the murderer) might have been conscious the whole time".

Sharp: Medically, pharmacologically, impossible, with every bit of known (by me) data on a massive, lethal overdose of pentobarbitol.

It seems impossible that The WFIU/NPR Team is unaware or The Team welcomes, incredible, willful ignorance and/or they are just anti-death penalty activists, masquerading as journalists. Are there any other options?

The truthful media description for Dr. Zivot would be that he is an anti-death penalty activist, who happens to be an anesthesiologist.

13) Sharp: Possibly, in preparation for Episode 5, the WFIU/NPR Team mentions the alleged racism of the death penalty. Did they research all sides, with fact checking and vetting, all with critical thinking? Well, did you?

Sharp: RACE & THE DEATH PENALTY: A REBUTTAL TO THE RACISM CLAIMS

http://prodpinnc.blogspot.com/2012/07/rebuttal-death-penalty-racism-claims.html

14) Sharp: It appears not that the WFIU/NPR Team of journalists does not fact check, nor vet nor use critical thinking, nor seek out perspectives other than anti-death penalty. It appears that they refuse to.

NEXT: Episode 4: Poison - WFIU/NPR asks for questions to be submitted on their podcast site form and I asked these:

PLEASE REPLY TO EACH QUESTION, above and below.

First question group

Isn't "could NOT have caused excruciating pain in (the murderers') final moments", the rational conclusion, if one pays attention to the pharmacological realities of the drug given, in the massive overdosing amounts?

Added later: Did WFIU/NPR, even, look up the pharmacology?

Second question group

Did it never occur to WFIU/NPR that it was impossible to feel any pain from pulmonary edema prior to unconsciousness?

Why did that not ever come up?

Why did you, only, interview an anti-death penalty Zivot MD?

We know that what he said cannot be true. Do you, even, know how?

Added later: Did you, even, fact check or vet what Zivot said? It appears not or you lied to the audience or what other reason?

Third question group

Did you not, even, look up symptoms of pentobarbitol overdose?

It appears not.

Do you find choking or coughing, anywhere?

Or Drowsiness, tiredness, fainting, coma, stupor, slowed or absent breathing, among others?

And you had, what 12-20 WFIU/NPR folks working on this and for how long? 2 years?

FN 1

Media Disaster: Journalism No More: "The (NPR) Rush to Kill "Team

Introduction & Episodes 1 & 2

https://prodpinnc.blogspot.com/2023/11/media-disaster-journalism-no-more-npr.html

and

Media Disaster: NPR's "The Rush to Kill": Episode 3: American Woman

https://prodpinnc.blogspot.com/2023/11/media-disaster-nprs-rush-to-kill.html

======

600+ pro death penalty quotes from murder victim's families &

3300+ from some of the greatest thinkers in history

http://prodpquotes.info/

======

Victim Services

https://prodpinnc.blogspot.com/2023/03/victim-services.html

Victims' Voices

https://www.marsyslaw.us/victims_voices

======

Research, w/sources, w/fact checking/vetting & critical thinking, as required of anyone within a public policy debate and which rebut all anti-death penalty claims.

Most will realize that the media has been using only anti-death penalty claims and, then, failed to fact check, vet, not use critical thinking, with that research, while avoiding all pro-death penalty research and experts, for decades. How do I know most will realize this? Because they wouldn't have seen any of this, prior:

The Death Penalty: Justice & Saving More Innocents

https://prodpinnc.blogspot.com/2013/05/the-death-penalty-justice-saving-more.html

and

Students, Academics & Journalists: Death Penalty Research

(7 pro-death penalty experts listed)

https://prodpinnc.blogspot.com/2022/01/students-death-penalty-research.html

======

Partial CV

https://prodpinnc.blogspot.com/2021/08/partial-cv-dudley-sharp-independent.html

=====

Sent to, so far

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Wednesday, November 08, 2023

McCleskey v Kemp: SCOTUS ERROR & LEGAL DECEPTION

McCleskey v Kemp: SCOTUS ERROR & LEGAL DECEPTION

From: Dudley Sharp, independent researcher, death penalty expert, former opponent, 832-439-2113, CV at bottom

Preface

McCleskey v Kemp (Georgia) is the infamous race based death penalty case decided by the US Supreme Court (SCOTUS) in 1987.

Nearly, every academic and/or anti-death penalty group either lies about this case or is, willfully, ignorant, just as those in the media world, . . . since 1984/1987.

All who fact check and vet would have known reality in 1984, with Federal District Court Judge Owen Forrester's opinion (1,2) and 2012, at the latest, with Scheidegger's excellent article (2).

I became aware of this systemic fraud, ignorance and/or deception, around 1998..

Can one fail to fact check and vet, accidently? Of course not.

The Baldus' Georgia Study (BS)

The BS, allegedly, proved racism within the death penalty system in Georgia. Not close.

" ... Baldus et al. failed to prove (and the State’s experts succeeded in rebutting) the basic claims made in the Baldus study. They did not just fail; they failed dismally. The Baldus study lay in shreds when Judge Forrester got through with it." (1)

The database, which, allegedly supported McCleskey's charge of racism, did no such thing and was, completely, unreliable (1,2).

"The best models which (David) Baldus was able to devise (within McCleskey v Georgia (Kemp)) which account to any significant degree for the major non-racial variables, including strength of the evidence, produce no statistically significant evidence that race plays a part in either [the prosecutor’s or the jury’s] decisions in the State of Georgia." (1)

"After a thorough review, Judge Forrester concluded that “the (Baldus) data base has substantial flaws and . . . petitioner has failed to establish by a preponderance of the evidence that it is essentially trustworthy." (1,2)

"The Court of Appeals for the Eleventh Circuit, sitting en banc, commended the district court “for its outstanding endeavor” in analyzing the validity of the Baldus study, and there is little doubt that a review of the factual finding that the study was invalid would have been affirmed under the applicable “clearly erroneous” standard." (1)

Read Federal District Court Judge Forrester's full rejection of Baldus' database for McCleskey (2).

The more thorough review is provided by Joseph Katz, who did the methodological review of the Baldus database, which was rife with errors and problems and is what destroyed the Baldus study and was used by the state.

I have it if you cannot locate it.

Baldus' Philadelphia Study (BS-2)

pending and mentioned within (4), with Baldus, again, leaving out explaining the, now, standard, confusions and not correcting them again (6), 11 years after McCleskey.

Baldus' New Jersey Study (BS-3)

pending and mentioned within (1), with Judge Baime hired as a special master, after the BS-3 problems, with Baimes results reversing Baldus' findings (1). Looking for Princeton methodologist, John Tukey (3), a teacher of Katz, for his review of Baldus, which resulted in the hiring of the special master.

The US Supreme Court misunderstood the math involved.

SCOTUS, ignorantly, wrote: "defendants charged with killing white victims were 4.3 times as likely to receive a death sentence as defendants charged with killing blacks."

Totally inaccurate,

It was by odds of 4.3 times, or an odds multiplier of 4.3, which can mean a difference as low as 2-4%, as opposed to the 330% difference represented by 4.3 times (4,5).

SCOTUS blew it big time on this. See the two articles (4,5), at bottom, for a complete review by math experts.

These two articles, below (4,5), give a good explanation of some core problem with David Baldus, in the McCleskey case and another of his reviews.

In closing

I am unaware of Baldus making any efforts to correct these many misconceptions, in McCleskey, in New Jersey or in Philadelphia (4) over the many years that he should have. Despicable.

I debated Baldus on some of these issues.

==================

(1) Rebutting the Myths About Race and the Death Penalty, Kent Scheidegger, 10 Ohio St. J. Crim. L. 147 (2012)

https://papers.ssrn.com/sol3/DisplayAbstractSearch.cfm

(2) McCleskey v. Zant, 580 F. Supp. 338 (N.D. Ga. 1984) District Court, N.D. Georgia

https://www.courtlistener.com/opinion/1449761/mccleskey-v-zant/

(3) Tukey had such an incredible life. I include his bio

I spoke with Tukey regarding his work on the Baldus study, in New Jersey

https://mathshistory.st-andrews.ac.uk/Biographies/Tukey/

(4) "The Math Behind Race, Crime and Sentencing Statistics"

By John Allen Paulos, Los Angeles Times, July 12, 1998
http://articles.latimes.com/1998/jul/12/opinion/op-2965

(5) See “The Odds of Execution” within “How numbers are tricking you”, by Arnold Barnett, MIT Technology Review October, 1994
https://geocities.restorativland.org/CapitolHill/4834/barnett.htm

and

https://news.mit.edu/1994/statistics-1019

(6) Study Finds Death Penalty Unevenly Applied BY MAURA DOLAN, Los Angeles Times, JUNE 4, 1998,

https://www.latimes.com/archives/la-xpm-1998-jun-04-mn-56598-story.html

======

600+ pro death penalty quotes from murder victim's families &

3300+ from some of the greatest thinkers in history

http://prodpquotes.info/

======

Victim Services

https://prodpinnc.blogspot.com/2023/03/victim-services.html

Victims' Voices

https://www.marsyslaw.us/victims_voices

======

Research, w/sources, w/fact checking/vetting & critical thinking, as required of anyone within a public policy debate and which rebut all anti-death penalty claims.

Most will realize that the media has been using only anti-death penalty claims and , then, failed to fact check, vet, not use critical thinking, with that research, while avoiding all pro-death penalty research and experts, for decades. How do I know most will realize this? Because they wouldn't have seen any of this, prior:

The Death Penalty: Justice & Saving More Innocents

https://prodpinnc.blogspot.com/2013/05/the-death-penalty-justice-saving-more.html

and

Students, Academics & Journalists: Death Penalty Research

(7 pro-death penalty experts listed)

https://prodpinnc.blogspot.com/2022/01/students-death-penalty-research.html

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Partial CV

https://prodpinnc.blogspot.com/2021/08/partial-cv-dudley-sharp-independent.html

Catholic and other Christian References: Support for the Death Penalty

Catholic and other Christian References: Support for the Death Penalty

Originally published 2001, updated 2024

complied by Dudley Sharp, independent researcher, death penalty expert, former opponent, 832-439-2113, CV at bottom

2004, Cardinal Ratzinger (now Pope Benedict XVI) Prefect of the Congregation for the Doctrine of the Faith, with guidance to the United States Conference of Catholic Bishops, stated succinctly, emphatically and unambiguously as follows:

June 2004: "Not all moral issues have the same moral weight as abortion and euthanasia. For example, if a Catholic were to be at odds with the Holy Father on the application of capital punishment or on the decision to wage war, he would not for that reason be considered unworthy to present himself to receive Holy Communion. While the Church exhorts civil authorities to seek peace, not war, and to exercise discretion and mercy in imposing punishment on criminals, it may still be permissible to take up arms to repel an aggressor or to have recourse to capital punishment. There may be a legitimate diversity of opinion even among Catholics about waging war and applying the death penalty, but not however with regard to abortion and euthanasia.”

St. Augustine: “The same divine law which forbids the killing of a human being allows certain exceptions. Since the agent of authority is but a sword in the hand, and is not responsible for the killing, it is in no way contrary to the commandment “Thou shalt not kill”, for the representative of the State’s authority to put criminals to death, according to the Law or the rule of rational justice.” The City of God, Book 1, Chapter 21

St. Thomas Aquinas finds all biblical interpretations against executions “frivolous”, citing Exodus 22:18, “wrongdoers thou shalt not suffer to live”. Unequivocally, he states,” The civil rulers execute, justly and sinlessly, pestiferous men in order to protect the peace of the state.” (Summa Contra Gentiles, III, 14

St. Thomas Aquinas: “The fact that the evil, as long as they live, can be corrected from their errors does not prohibit the fact that they may be justly executed, for the danger which threatens from their way of life is greater and more certain than the good which may be expected from their improvement. They also have at that critical point of death the opportunity to be converted to God through repentance. And if they are so stubborn that even at the point of death their heart does not draw back from evil, it is possible to make a highly probable judgement that they would never come away from evil to the right use of their powers.” Summa Contra Gentiles, Book III, 146.

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The Catholic Church & The Death Penalty

12 (14) Factual Errors: 2018 CCC 2267 amendment

https://prodpinnc.blogspot.com/2022/02/7-factual-errors-2018-ccc-2267-amendment.html

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Saints Thomas Aquinas and Augustine. In addition to the required punishment for murder and the deterrence standards, both Saints find that executing murderers is also an act of charity and mercy. Saint Augustine confirms that ” . . . inflicting capital punishment . . . protects those who are undergoing capital punishment from the harm they may suffer . . . through increased sinning which might continue if their life went on.” (On the Lord’s Sermon, 1.20.63-64.) Saint Thomas Aquinas finds that ” . . . the death inflicted by the judge profits the sinner, if he be converted, unto the expiation of his crime; and, if he be not converted, it profits so as to put an end to the sin, because the sinner is thus deprived of the power to sin anymore.” (Summa Theologica, II-II, 25, 6 ad 2.)

Pope Pius XII: “When it is a question of the execution of a man condemned to death it is then reserved to the public power to deprive the condemned of the benefit of life, in expiation of his fault, when already, by his fault, he has dispossessed himself of the right to live.” 9/14/52.

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A specific case “For the temporary gratification of his lust, the defendant destroyed an entire family’s future. He has forfeited his right to live.” Superior Court Judge William R. Froeberg endors(ing) the jury’s recommendation to impose the death penalty on Alejandro Avila, who kidnapped, sexually assaulted and murdered 5 year old Samantha Runnion. “Avila grabbed a kicking and screaming Samantha as she played outside her Stanton home. Her nude body was found the following day in the mountains about 50 miles away, left on the ground as if it had been posed.” ( ” ‘Judge: Girl’s killer forfeits ‘right to live’ “- Telegraph Herald (Dubuque, IA), July 23, 2005, ASSOCIATED PRESS

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“Catholic scholar Steven A. Long says in “Evangelium Vitae, St. Thomas Aquinas, and the Death Penalty” (The Thomist, 1999, pp. 511-52), “It is nearly the unanimous opinion of the Fathers and Doctors of the Church that the death penalty is morally licit, and the teaching of past popes (and numerous catechisms) is that this penalty is essentially just (and even that its validity is not subject to cultural variation).” Most recently, Avery Cardinal Dulles says both Scripture and tradition agree “that the State has authority to administer appropriate punishment to those judged guilty of crimes and that this punishment may, in serious cases, include the sentence of death” (First Things, May 2001). Moreover, Cardinal Dulles admits that opposition to the death penalty in Europe since the Enlightenment has gone hand in hand with a decline of faith in eternal life. In the nineteenth century the most consistent opponents were groups hostile to the churches.” “Anglican theologian Oliver O’Donovan has noted that the moral-theological tradition of the Church is “almost unanimously permissive of the death penalty” (“The Death Penalty in Evangelium Vitae,” in Ecumenical Ventures in Ethics, p. 219).” (“Capital Punishment, Justice, and Timothy McVeigh”, Keith Pavlischek. The Center For Public Justice, May 21, 2001, www.cpjustice.org/stories/storyReader$444

St. Thomas Aquinas: “If a man is a danger to the community, threatening it with disintegration by some wrongdoing of his, then his execution for the healing and preservation of the common good is to be commended. Only the public authority, not private persons, may licitly execute malefactors by public judgement. Men shall be sentenced to death for crimes of irreparable harm or which are particularly perverted.” Summa Theologica, 11; 65-2; 66-6

“St. Thomas Aquinas quotes a gloss of St. Jerome on Matthew 27: “As Christ became accursed of the cross for us, for our salvation He was crucified as a guilty one among the guilty.” “If no crime deserves the death penalty, then it is hard to see why it was fitting that Christ be put to death for our sins and crucified among thieves.” ” That Christ be put to death as a guilty person, presupposes that death is a fitting punishment for those who are guilty.” Prof. Michael Pakaluk, The Death Penalty: An Opposing Viewpoints Series Book, Greenhaven Press, (hereafter TDP:OVS), 1991

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30 Examples: How Death Penalty Abolitionists Value Murderers More Than Their Innocent Victims:

AKA - Full Rebuttal of Sir Richard Branson & His Death Penalty Comments

https://prodpinnc.blogspot.com/2023/04/full-rebuttal-of-sir-richard-branson.html

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Paul, in his hearing before Festus, states: “if then I am a wrong doer, and have committed anything worthy of death, I do not refuse to die.” Acts 25:11. “Very clearly this constitutes an acknowledgment on the part of the inspired apostle that the state continued to have the power of life and death in the administration of justice, just as it did from the days of Noah (Gen 9:6)”.

God, through the power and justice of the Holy Spirit, executed both Ananias and his wife, Saphira. Their crime? Lying to the Holy Spirit – to God – through Peter. Acts 5:1-11. By executing two such devoted Christians for lying to Him, does the Holy Spirit show confirmation of His support for His divinely instituted civil punishment of execution for premeditated murder or does it show His rejection of capital punishment? And read all of Revelation.

“You have heard the ancients were told, ˜YOU SHALL NOT COMMIT MURDER” and “Whoever commits murder shall be liable to the court”. But I say to you that everyone who is angry with his brother shall be guilty before the court; and whoever shall say to his brother, “Raca”, shall be guilty before the supreme court and whoever shall say, “You fool”, shall be guilty enough to go into fiery hell.” Jesus, Matthew 5:17-22. Should any explanation be necessary, Jesus is saying that even as execution is the required punishment for murderers, as per the Old Testament, He tells us that those who speak ill of others and have hatred in their heart shall suffer in hell. Not only does Jesus never speak out against the civil authorities just use of execution for murder, He prescribes a much more serious, eternal punishment for those who hate and speak ill of others. And what price does God exact for any and all sin? Death. (Romans 5:12).

Pontius Pilate said to Jesus, “You do not speak to me? Do You not know that I have authority to release You, and I have authority to crucify You?” Jesus answered, “You would have no authority over Me, unless it had been given you from above.”(John 19:10-11). “Jesus reminds Pilate that the implementation of the death penalty is a divinely entrusted responsibility that is to be justly implemented. Prof. Carl F.H. Henry, 45th Annual N.A.E. Convention, “Capital Punishment and The Bible”. Jesus confirms that the civil authority has the lawful right to execute Jesus, and others, and that this right has been given to that authority by God.

” . . . pronouncements about divine behavior (in the Hebrew Bible) correlated in the judicial context to attitudes toward death as a proper punishment. Quite clearly, the New Testament carries on the earlier mentality.” As Jesus described in the Sermon on the Mount, “Obedience will be rewarded with life; disobedience will be punished with destruction. A God who rewards with life and punishes with death is One whose laws provide for death as a judicial punishment.” Dr. Baruch Levine, “Capital Punishment,” p 31, What the Bible Really Says, ed. Smith & Hoffman, 1993.

Father Pierre Lachance, O.P. : “There is no question but that capital punishment was not only allowed but mandated in the Old Testament. In the New Law (New Testament) (St.) Paul recognizes the legitimacy of capital punishment . . . “It is not without purpose that the ruler carries the sword. He is God’s servant, to inflict his avenging wrath upon the wrongdoer”. Romans 13:4.(TDP:OVS, 1986, pg. 84)

Quaker biblical scholar Dr. Gervas A. Carey. A Professor of Bible and past President of George Fox College, wrote a landmark essay on the death penalty entitled “A Bible Study”. Here is a synopsis of his analysis: ” . . . the decree of Genesis 9:5-6 is equally enduring and cannot be separated from the other pledges and instructions of its immediate context, Genesis 8:20-9:17; . . . that is true unless specific Biblical authority can be cited for the deletion, of which there appears to be none. It seems strange that any opponents of capital punishment who professes to recognize the authority of the Bible either overlook or disregard the divine decree in this covenant with Noah; . . . capital punishment should be recognized . . . as the divinely instituted penalty for murder; The basis of this decree . . . is as enduring as God; . . . murder not only deprives a man of a portion of his earthly life . . . it is a further sin against him as a creature made in the image of God and against God Himself whose image the murderer does not respect.” (p. 111-113) Carey agrees with Saints Augustine and Aquinas, that executions represent mercy to the wrongdoer: “. . . a secondary measure of the love of God may be said to appear. For capital punishment provides the murderer with incentive to repentance which the ordinary man does not have, that is a definite date on which he is to meet his God. It is as if God thus providentially granted him a special inducement to repentance out of consideration of the enormity of his crime . . . the law grants to the condemned an opportunity which he did not grant to his victim, the opportunity to prepare to meet his God. Even divine justice here may be said to be tempered with mercy.” (p. 116). Essays on the Death Penalty, T. Robert Ingram, ed., St. Thomas Press, Houston, 1963, 1992.

“God, Himself, instituted the death penalty (Genesis 9:6) and Christ regarded capital punishment as a just penalty for murder (Matthew 26:52). God gave to government the legitimate authority to use capital punishment to restrain murder and to punish murderers. Not to inflict the death penalty is a flagrant disregard for God’s divine Law which recognizes the dignity of human life as a product of God’s creation. Life is sacred, and that is why God instituted the death penalty. Consequently, whoever takes innocent human life forfeits his own right to live.” Protestant scholar Rev. Reuben Hahn (Mt. Prospect, Ill.), Human Events, 3/2/85.

Charles W. Colson, Prison Fellowship: “It is because humans are created in the image of God that capital punishment for premeditated murder was a perpetual obligation. The full range of biblical data weighs in its favor. This is the one crime in the Bible for which no restitution was possible (Numbers 35:31,33). The Noahic covenant recorded in Genesis 9 (“Whoever sheds the blood of man, by man shall his blood be shed. “Gen 9:6) antedates Israel and the Mosaic code; it transcends Old Testament Law, per se, and mirrors ethical legislation that is binding for all cultures and eras. The sanctity of human life is rooted in the universal creation ethic and thus retains its force in society. The Christian community is called upon to articulate standards of biblical justice, even when this may be unpopular. Capital justice is part of that non-negotiable standard. Society should execute capital offenders to balance the scales of moral judgement.” From “Capital Punishment: A Personal Statement”, by Charles W. Colson., a former opponent of capital punishment. He is spiritual advisor and friend to numerous death row inmates and the Founder of Prison Fellowship, the largest Christian ministry serving incarcerated prisoners. Ph.703-478-0100.

Pope (and Saint) Pius V: “The just use of (executions), far from involving the crime of murder, is an act of paramount obedience to this (Fifth) Commandment which prohibits murder.” “The Roman Catechism of the Council of Trent” (1566).

Paul, in his hearing before Festus, states: “if then I am a wrong doer, and have committed anything worthy of death, I do not refuse to die.” Acts 25:11. “Very clearly this constitutes an acknowledgment on the part of the inspired apostle that the state continued to have the power of life and death in the administration of justice, just as it did from the days of Noah (Gen 9:6)”.

God, through the power and justice of the Holy Spirit, executed both Ananias and his wife, Saphira. Their crime? Lying to the Holy Spirit – to God – through Peter. Acts 5:1-11. By executing two such devoted Christians for lying to Him, does the Holy Spirit show confirmation of His support for His divinely instituted civil punishment of execution for premeditated murder or does it show His rejection of capital punishment? And read all of Revelation.

“You have heard the ancients were told, ˜YOU SHALL NOT COMMIT MURDER” and “Whoever commits murder shall be liable to the court”. But I say to you that everyone who is angry with his brother shall be guilty before the court; and whoever shall say to his brother, “Raca”, shall be guilty before the supreme court and whoever shall say, “You fool”, shall be guilty enough to go into fiery hell.” Jesus, Matthew 5:17-22. Should any explanation be necessary, Jesus is saying that even as execution is the required punishment for murderers, as per the Old Testament, He tells us that those who speak ill of others and have hatred in their heart shall suffer in hell. Not only does Jesus never speak out against the civil authorities just use of execution for murder, He prescribes a much more serious, eternal punishment for those who hate and speak ill of others. And what price does God exact for any and all sin? Death. (Romans 5:12-14)

Pontius Pilate said to Jesus, “You do not speak to me? Do You not know that I have authority to release You, and I have authority to crucify You?” Jesus answered, “You would have no authority over Me, unless it had been given you from above.”(John 19:10-11). “Jesus reminds Pilate that the implementation of the death penalty is a divinely entrusted responsibility that is to be justly implemented. Prof. Carl F.H. Henry, 45th Annual N.A.E. Convention, “Capital Punishment and The Bible”. Jesus confirms that the civil authority has the lawful right to execute Jesus, and others, and that this right has been given to that authority by God.

” . . . pronouncements about divine behavior (in the Hebrew Bible) correlated in the judicial context to attitudes toward death as a proper punishment. Quite clearly, the New Testament carries on the earlier mentality.” As Jesus described in the Sermon on the Mount, “Obedience will be rewarded with life; disobedience will be punished with destruction. A God who rewards with life and punishes with death is One whose laws provide for death as a judicial punishment.” Dr. Baruch Levine, “Capital Punishment,” p 31, What the Bible Really Says, ed. Smith & Hoffman, 1993.

“The rejection of capital punishment is not to be dignified as a higher Christian way” that enthrones the ethics of Jesus. The argument that Jesus as the incarnation of divine love cancels the appropriateness of capital punishment in the New Testament era has little to commend it. Nowhere does the Bible repudiate capital punishment for premeditated murder; not only is the death penalty for deliberate killing of a fellow human being permitted, but it is approved and encouraged, and for any government that attaches at least as much value to the life of an innocent victim as to a deliberate murderer, it is ethically imperative.” Dr. Carl F. H. Henry, Twilight Of A Great Civilization, Crossway, 1988, p 70,72.

Father Pierre Lachance, O.P. : “There is no question but that capital punishment was not only allowed but mandated in the Old Testament. In the New Law (New Testament) (St.) Paul recognizes the legitimacy of capital punishment . . . “It is not without purpose that the ruler carries the sword. He is God’s servant, to inflict his avenging wrath upon the wrongdoer”. Romans 13:4.(TDP:OVS, 1986, pg. 84)/

The movie Dead Man Walking reveals a perfect example of how just punishment and redemption can work together. Had rapist/murderer Matthew Poncelet not been properly sentenced to death by the civil authority, he would not have met Sister Prejean, he would not have received spiritual instruction, he would not have taken responsibility for his crimes and he would not have reconciled with God. Had Poncelet never been caught or had he only been given a prison sentence, his character makes it VERY clear that those elements would not have come together. Indeed, for the entire film and up until those last moments, prior to his execution, Poncelet was not fully truthful with Sister Prejean. His lying and manipulative nature was fully exposed at that crucial time. It was not at all surprising, then, that it was just prior to his execution that all of the spiritual elements may have come together for his salvation. It was now, or never. Truly, just as St. Aquinas predicted, it was his pending execution which finally led to his repentance. For Christians, the most crucial concerns of Dead Man Walking must be and are redemption and eternal salvation. And, for that reason, it may well be, for Christians, the most important pro-death penalty movie ever made. A real life example of this may be the case of Kenneth Gentry, executed April 16, 1997, for the highly premeditated murder of his friend Jimmy Don Ham. During his final statement, Gentry said, “I’d like to thank the Lord for the past 14 years (on death row) to grow as a man and mature enough to accept what’s happening here tonight. To my family, I’m happy. I’m going home to Jesus.” As the lethal drugs began to flow, Gentry cried out, “Sweet Jesus, here I come. Take me home. I’m going that way to see the Lord.” (Michael Gracyk, Associated Press, Houston Chronicle, 4/17/97). We cannot know if Gentry or the fictitious Poncelet or the two real murderers from the DMW book really did repent and receive salvation. But, we do know that St. Aquinas advises us that murderers should not be given the benefit of the doubt. We should err on the side of caution and not give murderers the opportunity to harm again. Indeed, as Dr. W.H. Baker confirms in his On Capital Punishment (Moody Press, 1985), biblical text finds that it is a violation of God’s mandate not to execute premeditated murderers – and nowhere does the text contradict this finding.

Christians who speak out against capital punishment in deserving cases ” . . . tend to subordinate the justice of God to the love of God. . . . Peter, by cutting off Malchu’s ear,. . . was most likely trying to kill the soldier (John 18:10)”, prompting ” . . . Christ’s statement that those who kill by the sword are subject to die by the sword (Matthew 26:51-52).” This ” implicitly recognizes the government’s right to exercise the death penalty.” Dr. Carl F.H.Henry, “A Matter of Life and Death”, p 52 Christianity Today, 8/4/95.

Sister Helen Prejean: “It is abundantly clear that the Bible depicts murder as a capital crime for which death is considered the appropriate punishment, and one is hard pressed to find a biblical proof text in either the Hebrew Testament or the New Testament which unequivocally refutes this. Even Jesus’ admonition “Let him without sin cast the first stone”, when He was asked the appropriate punishment for an adulteress (John 8:7) – the Mosaic Law prescribed death – should be read in its proper context. This passage is an entrapment story, which sought to show Jesus’ wisdom in besting His adversaries. It is not an ethical pronouncement about capital punishment . Sister Helen Prejean, Dead Man Walking.

Misuse and misunderstanding of John 8:7 is quite common. See Forgery in the Gospel of John
www.religioustolerance.org/john_8.htm

Some churches are now espousing a pro-life continuum, a philosophy whereby the taking of any life, under any circumstances, must be condemned – such as the taking of lives through war, self defense, suicide, abortion and the death penalty. This is an interesting social philosophy which directly conflicts with the Word of God. Catholic biblical scholar Father Richard Roach, S.J. argues that it is not a contradiction for religious people to oppose abortion and . . . to support capital punishment. “Abortion is absolutely prohibited. It is always evil. No one can ever abort a guilty baby, so the act can never be right. This is not the case, however, with either capital punishment or a just and defensive war. It is only murder, along with its subdivisions suicide and abortion, which God’s law absolutely prohibits. The upshot of all this is that trying to put abortion, capital punishment and war in one package makes chaos of Catholic morals and can lead one to misinterpret God’s Law . . . ” Princeton. University scholar Dr. Paul Ramsey fully concurs: “abortion and capital punishment are two different questions. There is no inconsistency between moral disapproval of unnecessarily killing the innocent and the judicial execution of the guilty.” (Haven Bradford Gow, “Religious Views Support The Death Penalty”, The Death Penalty: Opposing Viewpoints, Greenhaven Press, 1986, p. 81- 82 & 84).

“The opposition to capital punishment is not based on Scripture but on a vague philosophical idea that the taking of a life is wrong, under every circumstance, and fails to distinguish adequately between killing and murder, between punishment and crime. The argument that capital punishment rules out the possibility of repentance for crime is unrealistic. If a wanton killer does not repent when the sentence of death is upon him, he certainly will not repent if he has 20-50 years of life imprisonment. The sentence of death on a killer is more redemptive than the tendency to excuse his crime as no worse than grand larceny. Mercy always infers a tacit recognition that justice and rightness are to be expected. The Holy God does not show mercy contrary to his righteousness but in harmony with it. That is why the awful Cross was necessary and a righteous Christ had to hang on it. That is why God’s redemption is always conditioned by one’s heart attitude. The Church and individual Christians should be active in their witness to the Gospel of love and forgiveness; but meanwhile wherever and whenever God’s love and mercy are rejected, as in crime, natural law and order must prevail, not as extraneous to redemption but as part of the whole scope of God’s dealings with man. No matter how often a jury recommends mercy, the law of capital punishment must stand as the silent but powerful witness to the sacredness of God-given life. Active justice must be administered when the sacredness of life is violated. Life is sacred, and he who violates the sacredness of life through murder must pay the supreme penalty. It is significant that when Jesus voluntarily went the way of the Cross He chose the capital punishment of His day as His instrument to save the world. And when He gave redemption to the repentant thief He did not save Him from capital punishment but gave him paradise instead. We see again that mercy and forgiveness are something different from being excused from wrongdoing. Synopsis of Dr. Jacob J. Vellenga’s “Is Capital Punishment Wrong”, p. 63-72, Essays on the Death Penalty, ed. T. Robert Ingram, Houston, 1963, 1992. Dr. Vallenga is former Associate Executive of the United Presbyterian Church (USA).

The leadership councils of some Christian denominations in the U.S. have released statements in opposition to the death penalty. These statements reflect social positions that have questionable biblical foundation and, often, they reflect positions which selectively only discuss the mercy of God and improperly avoid the justice of God. For example, some believe that it would be hypocritical for Christians to support capital punishment, because that would suggest that some peoples sins are not forgivable. They argue that capital punishment conflicts with Jesus’ teachings – that, if we are not willing to forgive, then we place ourselves outside of God’s forgiveness. Such pronouncements are hardly convincing and are biblically inaccurate. All death row inmates, no matter how vile and numerous their misdeeds, are subject to the forgiveness of men and of God and, more importantly, they are subject to redemption and eternal salvation. Indeed, God compels us, individually, to forgive those who have harmed us. This, in no way, conflicts with the biblical mandate that the government authority impose the death penalty in deserving cases. Social positions cannot and do not replace biblical instruction. Furthermore, the murder victim is hardly capable of forgiving the murderer. The biblical requirement to forgive those who injure us is an individual requirement. Therefore, no one, other than God, has the moral authority to forgive the crime of murder.

“While the thief on the cross found pardon in the sight of God. ‘Today you will be with Me in Paradise – that pardon did not extend to eliminating the consequences of his crime. ‘We are being justly punished, for we are receiving what we deserve for our deeds’. (Luke 23:39-43)”. Neither God nor Jesus nor the Holy Spirit nor the prophets nor the apostles ever spoke out against the civil authorities use of executions in deserving cases – not even at the very time of Jesus’ own execution when He pardoned the sins of the thief, who was being crucified along side Him. Indeed, quite the opposite. Their biblical support for capital punishment is consistent and overwhelming. Furthermore, Jesus never confuses the requirements of civil justice with those of either eternal justice or personal relations. Charles Colson accurately recognizes this fact in stating that” it leads to a perversion of legal justice to confuse the sphere of private relations with that of civil law.” All quotations from Charles Colson’s “Capital Punishment: A Personal Statement”.

Protestant scholar and journalist Rev. G. Aiken Taylor states, “Most Christians tend to confuse the Christian personal ethic with the requirements of social order. In other words, we tend to apply what the Bible teaches us about how we – personally – should behave toward our neighbors with what the Bible teaches about how to preserve order in society. And there is a big difference. Capital punishment is specifically enjoined in the Bible. ‘Who ever sheddeth man’s blood, by man shall his blood be shed’ (Genesis 9-6). This command is fully agreeable to the Sixth Commandment, ‘Thou shalt not kill,’ (Exodus 20:13), because the two appear in the same context. Exactly 25 verses after saying ‘Thou shalt not kill’, the Law says, ‘He that smiteth a man so that he may die, shall be surely put to death’ (Ex 21:12).” See also Leviticus 24:17 and Numbers 35:30-31.(TDP:OVS, pg. 84,1986) Biblical teachings regarding personal conduct, civil government and eternal judgement and relations are often taken out of context, thereby replacing one duty or instruction improperly with another.

Biblical scholar Lloyd R. Bailey’s book Capital Punishment: What the Bible Says (Abingdon Press, 1987): An approved synopsis.

The Bible clearly asserts, from beginning to end, without any reservation, that righteous judgement includes the execution of a murderer. In the case of murder, the biblical materials offer the clearest and most sustained justification for the death penalty. The purpose of capital punishment is justice – deterrence is irrelevant. A person who takes a human life, without proper sanction, forfeits any right to life – no alternative is allowed and the community must not be swayed by values to the contrary.

Listen carefully to the Bible as the Word of God rather than seek to improve upon it by means of human values. However meritorious mercy may be, however abundantly evident it may be in God’s own dealings, murder was an offense for which mercy and pity were not allowed and for which monetary compensation was strictly forbidden. The sentence is set by God’s torah and a judge cannot have discretion in this matter. Murder is something utterly on its own, nothing can be compared to it.

It should not be overlooked, in seeking to discover the ‘mind of Jesus Christ’ on the issue of murder and its punishments, that He goes beyond torah to the statement that even verbal abuse makes one deserving of ‘the hell of fire’. Far from releasing believers from prior law, Jesus was a ‘hard liner’ who made things even tougher, stating that He has come not ‘to abolish the law and the prophets . . . but to fulfill them.’, offering even stronger interpretations than in the original (Matthew 5:17-22). Indeed, Jesus admonishes the Pharisees not to misuse torah for their own ends, but to honor God and torah. And of all the text in the Bible, which one does Jesus select to emphasize that crucial point? ‘HE WHO SPEAKS EVIL OF FATHER OR MOTHER, LET HIM BE PUT TO DEATH’ (Matthew 15:1-9).

All interpretations, contrary to the biblical support of capital punishment, are false. Interpreters ought to listen to the Bible’s own agenda, rather than to squeeze from it implications for their own agenda. As the ancient rabbis taught, “Do not seek to be more righteous than your Creator.’ (Ecclesiastes Rabbah 7.33.).

This book is mandatory reading for those who wish to undertake a thorough and accurate look at this often misused and misunderstood area of concern and debate.