A. In Old Testament
Gen. 9:6
Ex. 21:12, 23
B. In New Testament
Mt. 5:21, 22
Mt. 15:4
John 19:11
Acts 25:11
Rm. 13:4
A. Murder (Ex. 21:12)
B. Kidnapping (Ex. 21:16)
C. Causing Miscarriage (Ex. 21:22, 23)
D. Sorcery (Ex. 22:18)
E. Sodomy (Ex. 22:19)
F. Idolatry (Ex. 22:20)
G. *Owner of an uncontrolled Ox (Ex. 21:28)
H. Striking a parent (Ex. 21:15)
I. Incest (Levi. 20:13)
J. Adultery (Levi. 20:10)
K. Sexual intercourse with animals (Levi. 20:15,16)
L. Cursing God (Levi. 24:10-16)
M. Attempting to lead people to worship other gods (Deut. 13:1-16)
N. Cursing parents (Deut. 5:16)
O. Drunkard (Deut. 21:20-21)
P. Rape of a married woman (Deut. 22:13-21)
*[Note: 1) Is for the protection of the innocent; 2) Money ransom could substitute; 3) Ransom not possible in intentional murder (Num. 35:31).
A. Two Eyewitnesses
Num. 35:30 Mt. 18:16
Deut. 17:6; 19:15 John 8:17
B. Witnesses must throw the first stone (Deut. 17:7).
A. Biblical
1. Cain (Gen. 4:1-24)
a. He expected it.
b. Implied in sentence.
c. Protected by it.
d. Father could not kill his only son.
e. So, God commuted it.
2. David (II Sam. 11:1-27)
a. It is not clearly murder.
b. No witnesses.
c. He was the government.
d. Yet he paid severely.
e. Pardon by God (Psalm 51).
3. Adulterer (John 8:1-11)
a. No witnesses accused her.
b. Contrived case (where was the man? Deut. 22:22-24)
4. Cross- cancels death penalty
a. No it did not. We still die (Rom. 5:12)
b. Gal. 6:7: Sow-Reap.
c. Spiritual/not social consequences.
d. The principle behind the cross demands capital punishment. Justice must be satisfied (life for life).
5. Old Testament City of Refuge - only until trial (Num. 35:12,20-22)
B. Social
1. Inhumane - Reverse -- Treats victims humanely (Justly & protects). Treat Criminal as a person. (Many want to die)
2. No Deterrent 1) not primary reason (by product), 2) deters all future crimes by that person.
A. Punishment is primary reason.
B. No one should be punished for another's sins (Ezek. 19:20)
C. Forgiveness is only possible for guilty, not for the sick.
D. Protection of society is desirable, but this results from administering justice.
E. Reform is desirable for non-capital crimes (though it must be chosen). It is not possible for Capital crimes.
A. No temporary insanity (All sin is temporary 'insanity')
B. Permanent insanity - "Guilty but insane."
Martin P. Golding observes,
A society that does not presume that most of its adult members are sane, intelligent, and in control of themselves in effect reduces them to second class citizenship. It takes away their self-respect as moral agents--as persons who can in sincerity be told that they have done something wrong--and our respect for them as moral agents. Punishment with responsibility, for all its present faults, at least preserves this respect in theory.
C. In O.T. even oxen were killed; they were not morally culpable. (Ex. 21:28)
