The retributive theory of punishment requires that we deprive the criminal of happiness to a degree commensurate to the wrongness of their acts. In order to fit the crime, the punishment does not need to resemble the crime. We wouldn't use that principle in the case of rape and torture, so why use it for murder? In order for the argument to go through that the death penalty uniquely meets the requirement of giving a criminal his just deserts, you need an argument other than the argument from resemblance, and I don't know what that would be. Executions are quick and physically painless, which was probably not true of the death of the victim of murder. The person executed knows for a long time that this is coming, which again would not be true of the victim. So, once we are deprived of the argument that a punishment that resembles the crime best fits the crime, how do we show that the death penalty is the best way of exacting retribution?
The human administration of justice is always rough justice to some degree. Even if you have an inspired law code, the application of the law code will be subject to judges who are fallible or biased at best, and corrupt at worst–as well as witnesses who are fallible and biased at best, and perjurious at worst.
That’s why Scripture has a doctrine of eschatological rewards and punishments. To right the scales. To compensate for the inevitable inadequacies of humanly administered justice.
If a murderer takes a life, we take his life. There’s a certain rough justice in that symmetry. But it’s not strict justice. It’s just the best we can do in this fallen world.
Many criminals do worse than we can adequately punish. In many cases, any punishment we dole out will be too good for them.
Ted Bundy killed many, but we can only kill him once. And even that oversimplifies the loss. Execution doesn’t turn back the clock.
Good thoughts. I like the expression "rough" justice.
ReplyDeleteEven when the Holy Writ says an eye for an eye, it doesn't mean literally for one to have his eye plucked out, but it means what you say here.
And isn't it a great expression our Lord uses when He says: If your eye causes you to sin, then pluck it out. For it's better to have life with one eye, then damnation with both.