capital punishment

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Complicated question in the news: What do Jews believe about the death penalty?

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Complicated question in the news: What do Jews believe about the death penalty?

QUESTION:

What do Jews believe about the death penalty?

THE RELIGION GUY’S ANSWER:

There was relief last week when a unanimous Pittsburgh jury approved the death penalty for the man (not to be dignified here with a name) who in 2018 massacred 11 worshipers at the Tree of Life Congregation, in the deadliest act of anti-Jewish violence in U.S. history.

There’s a strong aversion to capital punishment in the teaching across the branches of Judaism but, as we’ll see, this is not absolute, and Judaism’s biblical and textual tradition on this is complex.

There were mixed feelings in Pittsburgh’s historically close-knit Jewish community. The Jewish Telegraphic Agency reported that capital punishment “was the preference of some but not all of the victim’ families” and “some local Jews openly opposed” execution. The New Light Congregation, which also worships in the Tree of Life building, said “many of our members prefer that the shooter spend the rest of his life in prison” and question feelings of “vengeance or revenge against him.”

As appeals grind away, presumably for years, the antisemitic murderer will join the 41 inmates awaiting execution at the federal prison system’s death row or “Special Confinement Unit” in Terre Haute, Indiana, which was established when Congress reinstated the federal death penalty in 1988.

Meanwhile, The Associated Press says the morality and practicality of capital punishment could become a big issue in the 2024 U.S. presidential campaign for the first time since 1988. Republican front-runners Donald Trump and Ron DeSantis are both making execution central to their anti-crime messages.

And the opposite. Liberal Democrats are vexed that President Joe Biden pledged in 2020 to abolish the death penalty in federal statutes but has not done so. However, his Department of Justice currently has a moratorium in place while it conducts a thorough examination of problems with methods of killing and racial unfairness in judicial application.

Consideration of Jewish belief begins at the beginning.


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Where does the Catholic Church stand on the death penalty and war?

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THE QUESTION:

Where does the Catholic Church stand on the death penalty and war?

THE RELIGION GUY’S ANSWER:

Pope Francis’s encyclical letter Fratelli Tutti (“Brothers All”), issued October 3, reinforces his profile as a socio-political liberal and idealist. Employing this the highest vehicle for authoritative papal teaching, he addresses racism and rampant nationalism (which some say especially targets the current U.S. situation), and yokes concern for the poor with a semi-socialistic view of private property. His views perhaps reflect the culture of economically troubled Argentina as much as teaching by previous popes.

In terms of church history, Francis’s most important innovations here are total opposition to the death penalty and, regarding warfare, nudging of the church toward full-blown pacifism. We can predict many lay parishioners will dissent, as with papal decrees on such matters as birth control. Francis wants the church to upend centuries of teaching by pontiffs and theologians. It seems probable that pressure for abortion and mercy-killing in secular culture has strengthened “pro-life” zeal on these other matters of life and death.

With the death penalty, biblical tradition reaches back to primeval times. God protects the life of the first murderer, Cain, but later gives this commandment: “Anyone who sheds the blood of a human being, by a human being shall that one’s blood be shed, for in the image of God have human beings been made”(Genesis 9:6).

This is interpreted to say that, paradoxically, death by execution upholds respect for life by making murder so abhorrent. At face value, the statement seems not only to allow but to require the death penalty. However, the Jewish Publication Society’s Genesis commentary says ancient rabbis shied away from execution and sought “every mitigating factor in the laws of evidence” to avoid imposing it for killing or other misdeeds.

Most Christians endorsed the practice across the centuries. As recently as 2018, the Catholic Catechism was still saying that though government should avoid the death penalty if “bloodless means are sufficient,” a society can claim legitimacy when execution is necessary to “defend human lives against an aggressor and to protect public order and the safety of persons.”

However, Pope John Paul II had stated in a 1995 encyclical that though the death penalty seems a “legitimate defense” of society, we can effectively suppress crime without killing criminals.


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Religious freedom case involving Buddhist death row inmate in Texas just got more intriguing

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At first glance, it might seem like a simple solution.

The state of Texas had a quick response to the U.S. Supreme Court decision involving a Buddhist death row inmate who asked for his spiritual adviser to be in the execution room with him.

In case you missed it earlier, the high court granted a rare stay of execution to Patrick Murphy last week. This came, as we noted, after a different high court ruling in an Arkansas case concerning Muslim inmate Domineque Ray.

The Lone Star fix? Ban all religious chaplains from the death chamber.

OK, problem solved. Or not.

The better news reports I’m seeing — both in Texas papers and the national press — reflect the crucial legal arguments in Patrick Murphy’s case and not just the simplified sound bites.

Among the incomplete coverage, CNN reports the Texas change as if it’s the end of the discussion:

(CNN) The Texas Department of Criminal Justice will bar chaplains, ministers and spiritual advisers from execution chambers in the wake of a Supreme Court ruling last week that halted the execution of an inmate who sought to have his Buddhist spiritual adviser in the death chamber.

The move is the latest step in a controversy that pit the religious liberty concerns of death row inmates against security concerns of prisons.

The justices agreed to stay Patrick Henry Murphy's execution, but weeks earlier, had denied a similar request from an inmate in Alabama.

Murphy's initial request had been denied by Texas because officials said for security reasons only prison employees were allowed into the chamber, and the prison only employed Christian and Muslim advisers.

Lawyers for Murphy challenged the policy arguing that it violated Murphy's religious liberty rights. The Supreme Court stepped in and put the execution on hold.

In a statement released Wednesday, the state now says that, "effective Immediately," the protocol now only allows security personnel in the execution chamber.

To its credit, CNN notes:


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Buddhist vs. Muslim: Journalists ask why SCOTUS intervened in one death penalty case, not another

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“Journalists really need to follow up on this crucial religious-liberty case,” our own tmatt wrote in February after the U.S. Supreme Court allowed the execution of a Muslim inmate. The big issue in that case was Alabama inmate Domineque Ray’s execution without a spiritual leader from his own faith at his side.

But last week, the high court granted a rare stay of execution for a Texas inmate as he was waiting in the death chamber. Justices ruled that the refusal of Texas to allow a Buddhist spiritual adviser to be present violated Patrick Murphy’s freedom of religion.

Wait, what gives?

Why let one inmate die and another live in such similar cases?

Such questions sound like perfect pegs for inquisitive journalists.

Speaking of which …

Robert Barnes, the Washington Post’s veteran Supreme Court reporter, points to the court’s newest justice:

It’s difficult to say with certainty why the Supreme Court on Thursday night stopped the execution of a Buddhist inmate in Texas because he was not allowed a spiritual adviser by his side, when last month it approved the execution of a Muslim inmate in Alabama under almost the exact circumstances.

But the obvious place to start is new Justice Brett M. Kavanaugh, who seemed to have a change of heart.

Kavanaugh on Thursday was the only justice to spell out his reasoning: Texas could not execute Patrick Murphy without his Buddhist adviser in the room because it allows Christian and Muslim inmates to have religious leaders by their sides.

“In my view, the Constitution prohibits such denominational discrimination,” Kavanaugh wrote.

But Kavanaugh was on the other side last month when Justice Elena Kagan and three other justices declared “profoundly wrong” Alabama’s decision to turn down Muslim Domineque Ray’s request for an imam to be at his execution, making available only a Christian chaplain.

“That treatment goes against the Establishment Clause’s core principle of denominational neutrality,” Kagan wrote then.

Keep reading, and the Post notes differences in how the inmates’ attorneys made their arguments:


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Monday Mix: Andrew Brunson, Texas clergy abuse, child porn preachers, death penalty, Christian Post

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Welcome to another edition of the Monday Mix, where we focus on headlines and insights you might have missed from the weekend and late in the week.

The fine print: Just because we include a headline here doesn't mean we won't offer additional analysis in a different post, particularly if it's a major story. In fact, if you read a piece linked here and have questions or concerns that we might address, please don't hesitate to comment below or tweet us at @GetReligion. The goal here is to point at important news and say, "Hey, look at this."

Three weekend reads

1. "Well, we were at an all-night prayer meeting during the trial and we got home and we fell asleep. We were up all night. Praise God! I’m so excited! Oh that’s wonderful! Thank you so much for letting us know. We’re so happy.”

How did the parents of a U.S. pastor imprisoned in Turkey for nearly two years react upon learning the news of his release?

Reuters had the faith-filled scoop after a reporter reached Andrew Brunson’s mother at her North Carolina home and notified her of the happy development.

By Saturday, Brunson was kneeling in the Oval Office and praying for President Donald Trump.


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The religion behind why some people of faith support the death penalty — and why others don't

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"I wonder if Frank Keating has any comment?"

That was my first thought last week when Pope Francis decreed — as The Associated Press reported — "that the death penalty is 'inadmissible' under all circumstances and the Catholic Church should campaign to abolish it."

In the late 1990s and early 2000s, when Keating — a lifelong Catholic — served as Oklahoma's governor, I covered the state prison system and later religion for The Oklahoman. On both those beats, the conservative Republican's support for capital punishment came into play.

I always enjoyed interviewing Keating because he wasn't shy about sharing his opinions — even if that meant calling then-Pope John Paul II mistaken in his opposition to the death penalty. In February 1999, Keating famously skipped Mass one Sunday because he said he couldn't sit silently while then-Oklahoma City Archbishop Eusebius Beltran read a letter criticizing the governor's death-penalty stance.

After the news involving Francis last week, GetReligion editor Terry Mattingly offered astute, must-read commentary ("Death penalty doctrine: Francis builds on insights of St. John Paul II and Benedict XVI?"), followed by a helpful podcast.

Beyond the important questions tmatt raised, I was curious — perhaps because of my past experience with Keating — to see coverage of Catholic governors in states with active death chambers.

For example, Texas executes more inmates than any other state, and yes, it has a Catholic governor.

Texas Gov. Greg Abbott, a Republican, is a staunch death penalty supporter and longtime friend of Fort Worth Bishop Michael Olson, who prayed at his inauguration. However, Abbott has clashed with his friend and the state's other bishops on issues such as immigration. "We agree to disagree," Olson told me on the immigration issue last year.

I was pleased to see an AP story delving into the quandary that Francis' decree could pose for U.S. politicians.


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This journalist — a Catholic — has witnessed 400-plus executions, but he won't say if he approves

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It's almost incomprehensible: Associated Press journalist Michael Graczyk has served as a media witness for more than 400 executions.

When I worked in AP's Dallas bureau from 2003 to 2005, Graczyk was a Houston-based colleague of mine — and a great guy.

Graczyk, 68, is making headlines this week because of his retirement after 46 years with the news service. 

The Dallas Morning News featured the veteran newsman on today's front page. The Washington Post had a story on him Tuesday. And AP got the scoop on Graczyk's plans. No surprise there, right?

All of the interviews, of course, are fascinating. And all paint a portrait of an accurate, fair-minded journalist: In hundreds of cases, Graczyk has made it a point to interview condemned inmates who were willing. But not only that, he also has given victims' relatives an opportunity to speak, if they so desired.

Here's a journalist who epitomizes the best of his profession.

But right about now, you may be thinking, "OK, but what's the religion angle?" I'm glad you asked.

Each of the stories makes reference to Graczyk's own faith, although the Post fails to mention his Catholic background specifically.

Let's start with AP's religious note:

Graczyk has been asked many times whether he believes the death penalty should be legal. He said he’s a practicing Catholic and respects the church’s teachings against capital punishment, but that he has not made up his own mind.

“I’m not dodging the question,” he said. “I don’t know.”


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Florida conservatives fighting the death penalty? More balance and context would help that narrative

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As a state reporter for The Oklahoman, I witnessed four executions in Oklahoma. Later, while working for The Associated Press, I interviewed a Tennessee mass murderer behind bars and was on the witness list for his scheduled execution. However, it got called off at the last minute. 

Over the last year, I've written freelances pieces on capital punishment for Agence France-Presse and Religion News Service.

Given my experience with the subject, I'm definitely drawn to news reports on the death penalty. A headline that caught my attention today: 

New conservative group wants death penalty repealed

The story is in the Orlando Sentinel and relates to a Florida group that has formed:

A group of Florida conservatives is joining a national organization in the fight to abolish the death penalty, saying it is too “costly, cumbersome and error-prone” and violates conservative values, such as the sanctity of life.
Florida Conservatives Concerned About the Death Penalty, said Wednesday other punishments such as life in prison are more fiscally responsible. Studies have shown the death penalty, with its years of appeals, is more costly.
“The death penalty is one of the most expensive boondoggles that has ever been forced upon the taxpayers,” said Republican James Purdy, public defender of the 7th Judicial Court, which includes Volusia, Flagler, Putnam and St. Johns counties.
The group announced its formation outside the Orange County Courthouse, the same spot where Orange-Osceola State Attorney Aramis Ayala, a Democrat, said earlier this year she wouldn’t be seeking the death penalty during her term, laying out many of the same arguments her conservative counterparts did.
Ayala’s decision sparked outrage in conservative circles and caused Republican Gov. Rick Scott to strip her of more than 20 death penalty cases.

OK, how many references to "conservative" or "conservatives" did you count in those first five paragraphs? I believe "five" is the right answer. But still, I have no idea whether we're talking about fiscal conservatives or social conservatives or some combination.

Keep reading, and the story remains rather vague. Specifically, who are these anti-death-penalty conservatives? What exact issues characterize them as, you know, conservatives?


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News story or editorial? Slanted Associated Press report on death penalty stacked with opponents

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Apparently, most people in Arkansas support capital punishment.

Amazingly, The Associated Press couldn't find — or didn't want to find — any of them to quote.

AP's own news values and principles maintain that the global news agency abhors "inaccuracies, carelessness, bias or distortions." Yet — based on a story on the wire today — it's impossible not to question whether bias exists in the coverage of the death penalty in the Natural State.

Here's the top of the AP story:

LITTLE ROCK, Ark. (AP) — While outrage on social media is growing over Arkansas' unprecedented plan to put seven inmates to death before the end of the month, the protests have been more muted within the conservative Southern state where capital punishment is still favored by a strong majority of residents.
A few dozen people regularly have kept vigil outside Republican Gov. Asa Hutchinson's mansion for weeks, holding signs that say "Thou Shalt Not Kill" and "End the Death Penalty." And the Arkansas Coalition to Abolish the Death Penalty hopes to draw hundreds of participants to a Good Friday rally at the state Capitol to protest the executions that start Monday — three nights of double executions, followed by a single one. A judge last week halted a planned eighth execution.
"Arkansas is known across the world for the Little Rock Nine and all of that atrocity," said the coalition's execution director, Furonda Brasfield, referring to the 1957 desegregation battle in Little Rock involving nine black students. "And now it's the Little Rock eight in 10, and it paints our state in such a horrible light."
The group is using the hashtag #8in10 to highlight the executions, although one man has received a stay and the seven lethal injections are scheduled to take place over 11 days, the first on April 17 and the last on April 27. Hutchinson set the unprecedented schedule because a key lethal injection drug expires April 30.

I'm certainly familiar with the historical significance of the Little Rock Nine. In 1997, while reporting on desegregation battlegrounds for The Oklahoman, I wrote a front-page Sunday feature on Little Rock Central High School.

But after 60 years, are the Little Rock Nine really what Arkansas is still known for? Might a different source — perhaps one of the "strong majority of residents" who favor the death penalty — offer a different perspective on the state and whether the executions will paint it in a horrible light? The wire service doesn't bother to ask.

In fact, AP quotes six people by name in this report — five of them death penalty opponents.


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