A Scriptural Death Penalty Case

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And that is why those who are condemned to death are permitted the opportunity to receive Baptism/Confession and the Eucharist right before being put to death…
However, they don’t have to die at all, if one imitates Jesus’s example of mercy in a death penalty case where it would’ve been justice to kill. By doing that, the one shown mercy has the opportunity to reach repentance, holiness, and perfection this life, as they are commanded to.
 
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People do not always repent with sincerity. My point is, man is called to charity, repentance, holiness, and perfection in this life as well, but one is robbed of these opportunities when they are killed, whether according to the law, or against the law. We should follow Jesus’s example by choosing mercy in a death penalty case, even when its justice to kill. Patient mercy gives souls time to recover and fortify themselves. Not every soul recovers instantaneously from its wounds. Some do so by successive stages, which are often slow, and subject to relapse.
I haven’t read it, but apparently in his book ‘By Man Shall His Blood Be Shed’, Edward Feser makes the argument (among others) that while no known official studies have been conducted on the matter, there is indeed evidence of high levels of repentance among those about to receive capital punishment, that is never observably expressed by many of those who simply live out their lives in a prison cell and die there of old age.

Excerpt from his book (according to an article on Catholic Answers):
When we examined the records of forty-three executions in 2012, we found that eighteen offenders expressed sorrow for their crimes; eleven mentioned God, several at length; six specifically invoked Jesus Christ; and at least three received Catholic sacraments before execution. Moreover, it seems likely that the evidence undercounts the number of death-row inmates who turn to God for salvation… This is precisely the kind of evidence we would expect if Aquinas and others are correct that the death penalty encourages, and may even be necessary for, rehabilitation. As double murderer Kevin Varga told his mother moments before his execution in 2010, “This is the only way God could save me, Mom.”
Personally it seems to resonate with me that it would be more merciful to execute me (the foreknowledge of which would concentrate my mind on my own dignity, character, and who I’m about to be for eternity) than to lock me in a box for life (wherein I might stubbornly cling to my resentments, accusations of others, putting off forever until tomorrow the internal change of heart needed to face the eternity I don’t have any specific reason to think is coming soon). I imagine I’d be much more likely to “repent with sincerity” if my mind was focused by the reality of a death sentence, than if my mind was left lazy and clouded by the idle speculation that there’s always time to repent tomorrow.
However, they don’t have to die at all, if one imitates Jesus’s example of mercy in a death penalty case where it would’ve been justice to kill.
It seems to me that others have provided ample evidence that Jesus was not understood by his disciples to be teaching that the death penalty ought not to be legal, nor that it is never a merciful act. Others have also discussed the context (historical and specific) of the case you’re citing, and have given reasons why it may not be representative of all cases and the moral principles at play in them.
 
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It seems to me that others have provided ample evidence that Jesus was not understood by his disciples to be teaching that the death penalty ought not to be legal, nor that it is never a merciful act.
I never said Jesus taught the death penalty was wrong, but its not mercy, rather justice when its just. Jesus commanded we be merciful towards our brethren, just as our Father in Heaven is merciful to us (Lk. 6:36). And, in a death penalty case where it would’ve been justice to kill He chose mercy (Jn. 8:1-11). When one kills another, whether justly, or unjustly, they are robbed of the opportunity to reach repentance, holiness, and perfection in this life, as they are commanded to. Patient mercy gives souls time to recover and fortify themselves. Not every soul recovers instantaneously from its wounds. Some do so by successive stages, which are often slow, and subject to relapse.
 
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And, in a death penalty case where it would’ve been justice to kill He chose mercy (Jn. 8:1-11).
  1. I’m not sure it’s indisputable that “it would’ve been justice” to kill the woman who was arguably entrapped into sin by men trying to trap Jesus. (Others have already discussed reasons why this incident can be looked at through different lenses, so I won’t rehash those.) Additionally, evidence seems to suggest that stoning had actually been effectively abolished by this time, and when it occurred it wasn’t a matter of formal legal ‘justice’. It was illicit.
  2. We all, eventually, rise again to eternal life, or eternal death. Jesus is God. Scripture and Catholic teaching seem pretty definitive that Jesus will allow some to spend eternity in the hell of death. What Jesus shows us in this case is that he can intervene. In a spiritual way, he can forgive our sins (because he is God). It seems to me that if one adopts the position that the comparatively minor situation of a temporal death penalty is inconsistent with God’s merciful nature… how will one avoid eventually falling into the heresy of universalism and believing that the eternal death penalty is inconsistent with God’s merciful nature?
When one kills another, whether justly, or unjustly, they are robbed of the opportunity to reach repentance, holiness, and perfection in this life
This begs the question, offering your conclusion then using it as if it’s a reason supporting your conclusion. Exactly what’s being debated here is (in part) whether the death penalty robs a person of the opportunity to reach repentance, holiness, and earthly perfection – or whether it mercifully accelerates and facilitates a person’s path to repentance, holiness, and earthly perfection prior to death.
 
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Lunam_Meam:
And, in a death penalty case where it would’ve been justice to kill He chose mercy (Jn. 8:1-11).
  1. I’m not sure it’s indisputable that “it would’ve been justice” to kill the woman who was arguably entrapped into sin by men trying to trap Jesus. Additionally, evidence seems to suggest that stoning had actually been effectively abolished by this time, and when it occurred it wasn’t a matter of formal legal ‘justice’. It was illicit.
  2. We all, eventually, rise again to eternal life, or eternal death. Jesus is God. Scripture and Catholic teaching seem pretty definitive that Jesus will allow some to spend eternity in the hell of death. What Jesus shows us in this case is that he can intervene. In a spiritual way, he can forgive our sins (because he is God). It seems to me that if one adopts the position that the comparatively minor situation of a temporal death penalty is inconsistent with God’s merciful nature… how will one avoid eventually falling into the heresy of universalism and believing that the eternal death penalty is inconsistent with God’s merciful nature?
  1. It would’ve been justice to kill her because she was really guilty of committing the crime, or sin of adultery, and the Mosaic Law on adultery meant death. And, death by stoning was not abolished in Second Temple Judaism, because the first Christian martyr, St. Stephen, was killed in such a way. Whether his death was carried out according to the Law at the time, or not does not negate the fact that stoning occurred.
  2. I never said the death penalty is inconsistent with God’s merciful nature, because it’s not. Just because God became man, and called for charity, which includes mercy, does not mean justice never had, nor doesn’t have its place.
This begs the question, offering your conclusion then using it as if it’s a reason supporting your conclusion. Exactly what’s being debated here is (in part) whether the death penalty robs a person of the opportunity to reach repentance, holiness, and earthly perfection – or whether it mercifully accelerates and facilitates a person’s path to repentance, holiness, and earthly perfection prior to death.
Jesus wants us to reach repentance, holiness, and perfection in this life, but the death penalty robs one of the opportunity to do so. Patient mercy gives souls time to recover and fortify themselves. Not every soul recovers instantaneously from its wounds. Some do so by successive stages, which are often slow, and subject to relapse.
 
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Jesus wants us to reach repentance, holiness, and perfection in this life, but the death penalty robs one of the opportunity to do so.
That’s a conclusion, not an argument leading to a conclusion. You’ll never persuade anyone by just repeating your conclusions over and over again.
 
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Lunam_Meam:
Jesus wants us to reach repentance, holiness, and perfection in this life, but the death penalty robs one of the opportunity to do so.
That’s a conclusion, not an argument leading to a conclusion.
Jesus taught in word and deed of charity, which includes mercy, even in a death penalty case where its justice to kill, and He wants us to reach sincere repentance, holiness, and perfection in this life. Patient mercy gives souls time to recover and fortify themselves. Not every soul recovers instantaneously from its wounds. Some do so by successive stages, which are often slow, and subject to relapse.

Even if some reach sincere repentance, holiness, and perfection by the time they die, not all do, and it doesn’t negate the death penalty, without any dispute, can rob a prisoner of more time to reach sincere repentance, holiness, and perfection in this life, as opposed to a live person.
 
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You seem convinced that the conclusions you’ve arrived at are self-evident, sufficiently thought through, and lack compelling counter-argument. When others offer compelling counter-argument, you seem to fall back on repetitively restating your conclusions over and over again.

I’m not going to participate in this non-conversation. I hope you enjoy a lovely evening! 👋
 
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Lunam_Meam:
Jesus taught in word and deed of charity, which includes mercy, even in a death penalty case where its justice to kill, and He wants us to reach sincere repentance, holiness, and perfection in this life. Patient mercy gives souls time to recover and fortify themselves. Not every soul recovers instantaneously from its wounds. Some do so by successive stages, which are often slow, and subject to relapse.

Even if some reach sincere repentance, holiness, and perfection by the time they die, not all do, and it doesn’t negate the death penalty, without any dispute, can rob a prisoner of more time to reach sincere repentance, holiness, and perfection in this life, as opposed to a live person.
You seem convinced that the conclusions you’ve arrived at are self-evident, sufficiently thought through, and lack compelling counter-argument. When others offer compelling counter-argument, you seem to fall back on repetitively restating your conclusions over and over again.
I’ve been presenting reasons and explanations, so I don’t know what you’re talking about, and I repeat myself when necessary. I have counter-arguments out there currently unaddressed, including by you.
 
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Your new interpretation of the Pharisees’ and Sadducees’ plan seems to leave out the adulterer at all
That’s the point of the story: from their perspective, it isn’t about the woman at all; it’s about using her to trap Jesus. And, from Jesus’ perspective, it’s all about the woman.
And, if they wanted to accuse Jesus, wouldn’t they still be able to say He doesn’t know the Law on adultery, since they can just interpret Jesus’s addressing the witnesses, and telling those without sin should cast the first stone at the adulteress to be unlawful and wrong, and get Him in trouble?
No, because that’s how Jesus is sidestepping the trap. He isn’t addressing the Law (which is what they want Him to do). Instead, he’s talking to those who are purported ‘witnesses’. In the law, the first to throw the stones are the witnesses themselves.

Some have suggested that the reason it’s a trap is that the Pharisees made a deal with the man – if he stands up as ‘witness’, they won’t apply the Law to him. (For the record, I don’t really see that in this passage.). If that were true, then he would be condemning himself by his own actions, if he were to be one of the first to throw a stone. (I can’t say that I give this interpretation much credence, though. Just an interesting tack.)

Nevertheless, whoever the witnesses are, Jesus is speaking to them, and asking them to examine their own consciences in this case. And they walk away.

In fact, it’s the very Pharisess who walk away first. So, what does that tell you?
and/or killed at the same time/location as the adulteress
Not saying that; it’s you who keeps making that interpretation of my claim. I am saying that, if they bring an adulteress, it doesn’t make any sense unless they also bring an adulterer. Can’t have one without the other!
death by stoning was not abolished in Second Temple Judaism
Right. But it was illegal, under Roman law. (That’s the other side of the trap they’re trying to set for Jesus. If he says, “sure, stone her”, then they say “a-ha! he’s committing a crime against the emperor!”)
 
The citations are not from the gospels.
You’ve outdone the Protestants. Sola Scriptura at least includes all of Scripture; you’ve discarded everything except the four gospels.
As to the citations themselves, acknowledging that capital punishment was a possibility is not an affirmation of its legitimacy.
Your comment in no way describes what those passages actually say. Paul said he did nothing that “deserved” the death penalty. He also acknowledged that anyone who set aside Mosaic Law “dies without mercy”. Revelations commands: “if any man shall kill with the sword, with the sword must he be killed.”
But we acknowledge the OT books are incomplete and temporary.
Even your own citation doesn’t support this claim. What it says is that they “contain some things which are incomplete and temporary”, and “nevertheless show us true divine pedagogy.” Your reading would have even the ten commandments be only temporary. This ought to suggest your position is not as stable as you think. Given that divine teaching on capital punishment was given in the covenant with Noah, which will last until the end of time, it’s pretty clear that “incomplete and temporary” are inapplicable here.

Your position requires the dismissal of the entire Bible with the exception of the gospels, rejection of sacred tradition, and the misreading of what few things you do admit.
 
That’s the point of the story: from their perspective, it isn’t about the woman at all; it’s about using her to trap Jesus. And, from Jesus’ perspective, it’s all about the woman.
It’s not the point of the story, or the perspective of those in it, that I was making a comment on. I was addressing the fact that you, as a reader of the story, have changed what you interpret to be the Pharisees’ and Sadducees’ intentions, and plans against Jesus—essentially changing your argument against why this isn’t a story about Jesus using mercy over justice—after every counter-argument I present. So, I don’t know why you decided to say this at all…
Not saying that…
You’ve repeatedly claimed if the adulteress had been killed, then it would’ve been illegal, because of the adulterer’s lack of presence beside her at her sentencing, according to your interpretation of the Law on adultery. That means you’re essentially arguing the adulterer had to be sentenced, and put to death at the same time/location as the adulteress.

However, i’s not in the Law that: (i) the adulterer and adulteress must be sentenced, and/or killed at the same time/location as the other, (ii) if the adulterer or adulteress is not sentenced, and/or killed at the same time/location as the other, then the other is no longer bound by the Law, and (iii) mercy cannot be shown.
He isn’t addressing the Law (which is what they want Him to do).
Jesus confirmed the Law on adulterers by referencing Deut. 17:6-7 and 19:15-16 (see Jn. 8:7). So, He did address it, which is what you argue the Pharisees and Sadducees wanted Him to do, thus they could have, and should have accused Him of not knowing it, or acting against the Roman Law, because you also essentially argue the adulterer and adulteress must be judged, and put to death at the same time/location for the Law on adulterers to apply, as well as that the Romans didn’t allow stoning, yet they didn’t accuse. Therefore, your arguments fail.
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Lunam_Meam:
And, death by stoning was not abolished in Second Temple Judaism, because the first Christian martyr, St. Stephen, was killed in such a way. Whether his death was carried out according to the Law at the time, or not, does not negate the fact that stoning occurred.
Right. But it was illegal, under Roman law.
My point here is that stoning happened at the time, whether legal or not. And, it doesn’t seem clear when the Romans took the right to capital punishment from the Jewish religious leaders before 70 AD. But, even when the Roman Prelate in control of a province has taken the right away, they just need the Roman’s approval to carry out the punishment, so even saying they were legally forbidden to sentence someone to death isn’t entirely accurate. There still seems to be plenty of disagreement on the specifics, but it did still happen, and happened enough for calling it “abolished” to be an overstatement."
 
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o_mlly:
The citations are not from the gospels.
You’ve outdone the Protestants. Sola Scriptura at least includes all of Scripture; you’ve discarded everything except the four gospels.
No, of course not. Nothing has been discarded. But you’re not focusing on the issue that you raised:
Francis said capital punishment “ is per se contrary to the Gospel ”.
Do you have an argument that renders Pope Francis’ claim to be false?
Paul said he did nothing that “ deserved ” the death penalty.
? If your citation indicated someone had done something that does deserve the death penalty then you’d have a point. Paul says just the opposite.
He also acknowledged that anyone who set aside Mosaic Law “ dies without mercy ”.
The theme of this section is “Recalling the Past”. The author contrasts the harshness of the Mosaic Law as an admonishment to those who would turn their back on Christ. Recalling the harshness of the Mosaic Law does not constitute an affirmation of the death penalty.
Revelations commands: “ if any man shall kill with the sword, with the sword must he be killed .”
No, Revelation 13:10 acknowledges that Christians who refuse to worship the emperor will be put to death.
Anyone destined to be slain by the sword shall be slain by the sword.g Such is the faithful endurance of the holy ones.

Acknowledging the status quo is not an affirmation of that status quo.
What it says is that they “ contain some things which are incomplete and temporary ”, and “ nevertheless show us true divine pedagogy .” Your reading would have even the ten commandments be only temporary.
Nonsense. The reference most certainly excludes the Ten Commandments as “incomplete and temporary”.
Given that divine teaching on capital punishment was given in the covenant with Noah
Yes, Gen 9:6 stands. As the Old is revealed in the New, we are looking for affirmation of that OT command in the NT. Christ makes reference to one death penalty Mosaic Law in rebuking the Pharisees in Mat 15:4-6. However, Christ then proceeds to debunk the Mosaic Laws at least in reference to its proscriptions regarding clean and unclean foods.
Your position requires the dismissal of the entire Bible with the exception of the gospels, rejection of sacred tradition, and the misreading of what few things you do admit.
Hyperbole is not helpful in moving the conversation forward. Please stop.
 
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That means you’re essentially arguing the adulterer had to be sentenced, and put to death at the same time/location as the adulteress.
It doesn’t. That’s the part that I’m denying in your argument. I get that this is why you think my claim is spurious… but that’s not what I’m claiming.
Jesus confirmed the Law on adulterers by referencing Deut. 17:6-7 and 19:15-16 (see Jn. 8:7)
No: in essence, what Jesus did was to say, “OK… if you think you’re following the Law, then let the witnesses cast the first stone – but only if they’re without sin.” That’s not a “confirmation of the Law”.
you also essentially argue the adulterer and adulteress must be judged, and put to death at the same time/location for the Law on adulterers to apply
Yeah… I’m not. 🤷‍♂️
My point here is that stoning happened at the time, whether legal or not. And, it doesn’t seem clear when the Romans took the right to capital punishment from the Jewish religious leaders before 70 AD.
It doesn’t seem to you that this is the case? Do you recall John 18:26?
Pilate said to them, “Take him yourselves, and judge him according to your law.” The Jews answered him, “We do not have the right to execute anyone,”
We seem to be arguing the same point, over and over, back and forth, and not making any progress here. So… have a nice day.
 
The citations are not from the gospels.
Jesus affirmed the power of capital punishment as given by God: Pilate therefore said to him, “You will not speak to me? Do you not know that I have power to release you, and power to crucify you?” Jesus answered him, “You would have no power over me unless it had been given you from above.“ (John 19:10-11)
 
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The authority to crucify Jesus does not emanate from Pilate but from Jesus himself.

This is why the Father loves me, because I lay down my life in order to take it up again. No one takes it from me, but I lay it down on my own. I have power to lay it down, and power to take it up again (John 10:17-18).
 
The authority to crucify Jesus does not emanate from Pilate but from Jesus himself.
Of course when Jesus was speaking of Pilate’s power coming from above, that is, from God, Jesus referred also to Himself.
 
Of course when Jesus was speaking of Pilate’s power coming from above, that is, from God, Jesus referred also to Himself.
Yes, Pilate (the lawful magistrate) has no authority to take Jesus’ life, only Jesus does.
No one takes it from me, but I lay it down on my own .
 
Do you have an argument that renders Pope Francis’ claim to be false?
I didn’t say it was false; I was pointing out the problems associated with accepting it as true, not least of which is that it would contradict other parts of Scripture.
If your citation indicated someone had done something that does deserve the death penalty then you’d have a point. Paul says just the opposite.
Paul said he would accept the death penalty if he had done something to merit it.
The theme of this section is “Recalling the Past”. The author contrasts the harshness of the Mosaic Law as an admonishment to those who would turn their back on Christ. Recalling the harshness of the Mosaic Law does not constitute an affirmation of the death penalty.
Your explanation bears no relation to what was actually written - which in the NRSV is subtitled “A Call to Persevere”:

For if we willfully persist in sin after having received the knowledge of the truth, there no longer remains a sacrifice for sins, but a fearful prospect of judgment, and a fury of fire that will consume the adversaries. Anyone who has violated the law of Moses dies without mercy “on the testimony of two or three witnesses.” How much worse punishment do you think will be deserved by those who have spurned the Son of God… (Heb 10:26-29)
The reference most certainly excludes the Ten Commandments as “incomplete and temporary”.
This is true. It was you who referred to the entire Old Testament as incomplete and temporary.
Yes, Gen 9:6 stands. As the Old is revealed in the New, we are looking for affirmation of that OT command in the NT.
First, something once commanded should be considered in force unless explicitly rejected. “Not confirmed” cannot reasonably be considered rejected. Second, how realistic is it to believe that God would contradict himself by commanding something at one point and then turning around and prohibiting it?
Christ makes reference to one death penalty Mosaic Law in rebuking the Pharisees in Mat 15:4-6. However, Christ then proceeds to debunk the Mosaic Laws at least in reference to its proscriptions regarding clean and unclean foods.
Yes, he rebuked the Pharisees for not keeping the law that commanded death. His discarding of the dietary laws says nothing whatever about discarding the rest of the law.

The point here is that capital punishment is supported by Scripture. If that is per se contrary to the Gospel, then so is Scripture. That ought to be considered a problem.
 
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I am saying that, if they bring an adulteress, it doesn’t make any sense unless they also bring an adulterer. Can’t have one without the other!
You’ve claimed if the adulteress had been sentenced and killed, then it would’ve been illegal, because of the adulterer’s lack of presence beside her in both instances, according to your interpretation of the Law on adultery. That means you’re essentially arguing the adulterer had to be sentenced, and killed at the same time/location as the adulteress.
He isn’t addressing the Law (which is what they want Him to do).
The Jewish authorities wanted Him to address the Law so as to accuse Him of what? You’ve claimed if His opinion was in favor of the death penalty, then He could’ve been accused of the following:
  • Unmerciful. Counter-argument: Rather just.
  • Ignorant of the Mosaic Law on adultery, because the adulterer and adulteress must be sentenced, and/or put to death at the same time/location as the other. Counter-argument: The Law says those guilty of adultery are to be put to death, not at the same time/location as the other.
  • Committing a crime against Roman Law, since Rome had the right of justice. Counter-argument: Only if she had been killed.
You’ve claimed if His opinion was not in favor of the death penalty, then He could’ve been accused of the following:
  • Not following the Mosaic Law on adultery. Counter-argument: There’s no Law against showing mercy.
So, what was Jesus’s opinion after they asked Him: “Now Moses in the law commanded us to stone such a one. But what sayest thou?”

His reply was twofold, for He said stones should be cast at the adulteress (Jn. 8:7), thus addressed, and confirmed the Law on adulterers which is death (Deut. 17:6, 19:15)—His condition being the first to throw be without sin doesn’t change that—but He also saved her, because not one lapidator could be found. Furthermore, He could’ve killed her, it would’ve been justice, according to the Mosaic Law, but it wouldn’t have been mercy, and He chose to be merciful by not condemning her (Jn. 8:11). Patient mercy gives souls time to recover and fortify themselves. Not every soul recovers instantaneously from its wounds. Some do so by successive stages, which are often slow, and subject to relapse.

In summary, He was not ignorant of the Law on adultery. He didn’t condemn the adulteress, thus was merciful, and didn’t commit a crime against Roman Law. He gave her time, and possibility at arriving to repentance, and holiness, if she wished to reach them.
 
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