THOU SHALT NOT KILL!

     Courtroom....Trial....Capital Punishment Case.
​On the wall, behind the Judge...The Ten Commandments:
       "THOU SHALT NOT KILL."

       Controversy:  Death penalty permitted...Death penalty forbidden.



The death penalty has been abandoned in nearly all developed countries.  It is shameful that it has not been abolished in the United States.

Reasons to end the death penalty.

1.   Medical

• A young woman with an undiagnosed convulsive disorder has her first seizure while driving her car resulting in her loosing control of her vehicle and causing the death of several people.  She is not prosecuted because it is understood that she had no control over her actions nor prior knowledge of her seizure disorder.  What implication does this have in capital offense cases?
• A thirty year old undiagnosed diabetic school bus driver looses consciousness because of an abnormal blood sugar level.  His bus plows through a school cross-walk and then crashes into the school building resulting in the death of several children.  Is it just to inflict capital punishment upon this individual who had a physiologic malfunction due to undiagnosed diabetes?
• A young women shot and killed several of her family members.  During her arrest she is thrown to the ground suffering a head injury requiring an MRI.  The MRI reveals a two inch diameter brain tumor.  The tumor is in the area of the brain controlling executive function resulting in the inability to know right from wrong.  Should she be prosecuted?
• Same circumstance as above, but tumor is one quarter inch in size.
• A radionuclide PET scan is performed on a man convicted of murder as a part of a study into criminal behavior.  The PET brain scan reveals a focus of neurotransmitter pathology where control of violent impulses occurs. 
• A young women is executed by the state after being found guilty of murder.  Post-motum reveals a microscopic brain tumor at a site that effects executive decisions...decisions regarding right and wrong.
• A young man has a psychosis due to a biochemical malfunction of the brain resulting in paranoia.  As in other body organs, malfunctions due to structural and/or chemical aberrations lead to pathological function presenting in the brain as emotional, cognitive and/or neurological disorders.  For instance, in the pancreas the result may be diabetes.  In the brain, the result may be unacceptable anti-social behaviors.  Is it just, is it compassionate, to punish an act that is not volitional? 

2. Legal

• Poor defendants frequently have  incompetent legal representation.  Poor defendants cannot afford the investigative research and experts to refute state funded prosecutors.  If you are poor, it is more likely that you will be found guilty of a capital crime.
• Institution of the death penalty is arbitrary depending on the prosecuting entity, jury selection and the sensitivities of the court.

3. Moral

• Innocent people ARE put to death.
• Is it not immoral for the machinery of the state to kill in retribution.  The obligation of state is to protect its citizens from criminals by their imprisonment not by putting them into their graves.

4. Theology

• Thou shalt not kill.  Although conflicting doctrine is advocated in the Bible regarding punishment for murderers, this commandment definitively prohibits capital punishment.  There is no codicil stating that a society or a government may put someone to death.
• Theists' should trust in God to appropriately punish a murderer in due time, potentially for eternity.   Is not committing capital punishment an arrogant infringement upon the dominion of God?
• An eye for an eye.  Simplistic.  Is not justice the divine course...revenge profane?

5. Deterrence

• Despite claims that capital punishment deters acts of murder, data refutes this belief.  

6. Methodology

• What is the humane method for society to end a life? 

7. Appeals

• Many argue that the costs of incarceration dictate prompt execution.  Amputating the appeals process would likely result in putting to death a greater number of innocent people who have been wrongfully found guilty.  Monetary costs versus executing an innocent individual...thou shalt not kill.

8. Authority of the State

• "...government, however, you want to limit that concept, derives its moral authority from God.  It is the minister of God with powers to revenge, to execute wrath, including wrath by the sword..."       Antonin Scalia, Pew Conference on Capital Punishment, 2002  So capital punishment can be inflicted for revenge by the state rather than for justice.  Government being God's surrogate can mete out revenge and not be culpable for it's divinely sanctioned action.  Is this an appropriate concept of government, particularly in the US?
• Hitler had control of the power of the state allowing use of "capital punishment" upon millions at his discretion.  Similarly, Monarchs and despots throughout history have used their "moral authority derived from God" to proclaim "off with his (her) head".                        


9. Justice

• Is not being incarcerated for life an appropriate punishment which protects society, allows for case review on the basis of new evidence and permits God to end the convicted's life when He determines it is fitting and impose divine punishment, perhaps, for eternity.