The Death Penalty, by John Carberry

“If anyone kills Cain, Cain shall be avenged seven times” (Gn 4:15). Are the Old and the New
Testaments consistent regarding the death penalty for crimes? Since the death penalty was
common under Mosaic Law, why does the Church consider it improper today?1 If one considers the Old Testament as a foreshadowing of the New, the two testaments appear much more in sync.  From the beginning, God showed mercy to Cain, who had killed his brother Abel, just as Jesus is merciful to the woman caught in the act of adultery (Jn 8:11). Dead to the spirit because of their sin, God had not yet saved the people of the Old Testament. The people interpreted the destruction of life as a destruction of mortal life, or their physical bodies. Yet David recognizes the connection of God with his anointed King, Saul. David will not kill him, even in self-defense (1 Sm 26:11, 2 Sm 1:14-16).

Like God’s mercy toward Cain or Jesus’s mercy shown to the adulteress, the Church generally
rules against capital punishment. Pope Saint John Paul II discusses the death penalty in his
encyclical Evangelium Vitae (Gospel of Life). John Paul recognizes how God dealt with the first murder of Abel by his brother Cain. God punishes Cain, not by death, but by isolation. Anyone who kills Cain will be avenged seven times (Gn 4:15). God preferred correction rather than the death of a sinner.2 While Cain is tempted by evil, he has power over it (Gn 4:7). Each person has equal personal dignity, and the destruction of life violates the spiritual kinship uniting mankind in one great family. Cain’s murder of Abel shows how quickly evil spreads after the fall. Cain lies about his brother’s whereabouts to God and denies any responsibility (Gn 4:9).3  Attacking human life is an attack on God himself. Cain is sent to “the land of Nod” (Gn 4:16) which is a place of scarcity, loneliness and separation from God. God marks Cain so that no one will kill him (Gn 4:15). Not even a murderer loses his personal dignity.4 Modern society can suppress crime by using ways to render criminals harmless.5 This message of the inviolability of physical life and the integrity of the person is brought to perfection in the New Testament.6  Punishment must remain for those convicted of serious crimes to prevent such crimes. However, if bloodless means can be used to defend humanity against such crimes, then the public authority should limit itself to such means. It is rare that alternative means are not available today.7

How do we reconcile the law of the Old Testament with the interpretation of the law of the
Gospel? We can look at both natural law or the law of nature, as well as the written law, Mosaic Law, or the law of Moses. The first book of the Pentateuch (5 scrolls) or the Torah (Law) is Genesis. Since the written law was given orally by God to Moses, Genesis precedes the written law. The written law is presented in the last four books of the Pentateuch: Exodus, Leviticus, Numbers and Deuteronomy.

Genesis presents many examples of the natural law, or what is against nature. Knowledge of
these sins should be inherent in man’s nature. Since God is the author of life, man is expected to cooperate both in the creative process through his sɛҳuąƖity in monogamous relationships, as well as not prematurely ending one’s life which should only come about naturally by God. We see examples of God’s directive to be fruitful and multiply (Gn 1:28, 9:1, 7, 35:11). Eve cooperates with God in bearing the first child (Gn 4:1). Onan is killed by God because he frustrates nature in his sɛҳuąƖity by trying to avoid conception of a child (Gn 38:8-10). Sins of ɧoɱosɛҳųαƖity are punished by the destruction of Sodom and Gomorrah (Gn 19:1-29). Abel’s blood cries out to God when Cain murders his brother (Gn 4:10). Anyone shedding the blood of a human being will see his own blood shed (Gn 9:6, Mt 26:52). The Lord threatens Abimelech with death for taking Abraham’s wife into his household (Gn 20:3). Joseph recognizes immediately that it is wrong to have an adulterous relationship with the wife of his master (Gn 39:7-10).

Other examples serious crimes are presented throughout Sacred Scripture, usually with death being the penalty imposed by God. These include Korah’s disrespect for the authority of Moses (Nm 16:1-3, 25-35, 26:10, Dt 11:6, Ps 106:17-18, Sir 45:18-19, Jude 1:11) or Ananias’ deception of Peter in the sale of a piece of property (Acts 5:1-5). Christ indicates that one who calls his brethren “You Fool” will be subject to fiery Gehenna (Mt 5:22).

The written law is similar is presenting the severity of actions against nature as well as other
serious sins. These include actions against God’s creative design or causing early destruction of life.

Saint Paul points out the gravity of certain sins in that they restrict a person from eternal life with God (1 Cor 6:9-10, Gal 5:19-21). When Saint Paul says that those who commit such sins will not inherit the kingdom of God, he implies that the sins are mortal sins, because only mortal sins exclude a person from the kingdom of God.8 The wages of sin is death (Rom 6:21). The mortality of the action brings on spiritual death (Lk 15:24, Jn 8:21, Gn 2:17, 3:3, Dn 13:22), rather than physical death.9 In this sense, the Old and New are remarkably consistent. Only mortal sins were punished with death.10 Paul’s mortal sins, those that keep one from heaven, follow the same capital crimes of Mosaic Law. Murder and premeditated murder of the Old Testament compare to Paul’s hatred, rivalry, jealousy, outbursts of fury, and dissensions (Gal 5:9, Ex 21:12-14, Lv 24:17, Nm 35:16-21). Other examples include idolatry or worship of false gods (1 Cor 6:9, Ex 22:19, Lv 20:2, Dt 13:7-11, 17:2-5), fornication (1 Cor 6:9, Eph 5:5, 1 Tm 1:10, Lv 21:9, Rv 21:8, 22:15), ɧoɱosɛҳųαƖity (1 Cor 6:9, Gal 5:9, Lv 20:13) and adultery (1 Cor 6:9, Lv 20:13, Dt 22:22-23).

Ezekiel’s discussion of life and death is similar. The man who avoids the egregious pitfalls will
live (Ez 18:5-9), but those who commit serious crimes will die (Ez 18:10-13), even if he had
been virtuous up to that point (Ez 33:12-13, 18). The father will not answer for the crimes of the son, and the son will not answer for the crimes of the father (Ez 18:14-20, Ex 32:33). Anyone who turns from his wicked ways and becomes righteous will live (Ez 18:21-22, 33:12-16, 19).  God finds no pleasure in the death of the wicked but rejoices when they turn from their evil ways (Ez 18:23, Wis 1:13). This is consistent with the Parable of the Lost Sheep, where the shepherd abandons ninety-nine sheep to go off and search for the lost one (Lk 15:1-7, Mt 18:12-14, Ez 34:4).

Scripture provides other examples of how the gravity of sin can be deadly on the soul. Saint
John distinguishes deadly sin, which separates us from God and his Church, from non-deadly sin (1 Jn 5:16-19). Saint James discusses how sin can mature to the point that it gives birth to death (Jas 1:15), whether caused by increased gravity, greater knowledge or consent. Mortal sin is turning away from our last end, which is God (Jb 34:27).11 Only God can restore the grace that mortal sin takes away (Jer 15:1-2).12 The Church defines mortal sin as an action whose object is grave matter, which is committed with full knowledge (1 Tm 1:13) and deliberate consent.13  Full knowledge places a greater responsibility on believers (Heb 10:29, Lk 12:47-48).14 Willed or feigned ignorance does not diminish the voluntary nature of the sin.15 Consent means applying sense to something.16 It is applying the appetitive movement to doing something,17 or the means of doing the action.18 Foreseeing the consequences increases the goodness or malice of an action.19 The death sentence of the Old Testament foreshadows the loss of eternal life of the New Testament.

Why is the death penalty wrong? God forbids it against Cain. Jesus does not condemn the
adulteress. David avoids it against an anointed one who is trying to kill him. The examples
where capital punishment is proposed under Mosaic Law merely teaches us the gravity of certain actions. If we can use alternative methods of punishing the guilty for serious crimes, we are much more likely to demonstrate forgiveness, while prudentially keeping society safe from danger.

We should also learn the lessons from the capital crimes of Mosaic Law. Sins that destroy life,
frustrate creation, oppose the sanctity of marriage, disrespect God or those in authority can
destroy our spiritual life.

John Carberry is the author of Parables: Catholic Apologetics Through Sacred Scripture (2003) and Sacraments: Signs, Symbols and Significance (2023).

1 CCC, 2267. John Paul II, Evangelium Vitae (Gospel of Life), 56. Francis, Fratelli Tutti (Brothers, All), 263.
2 John Paul II, Evangelium Vitae (Gospel of Life), 7.
3 John Paul II, Evangelium Vitae (Gospel of Life), 8.
4 John Paul II, Evangelium Vitae (Gospel of Life), 9.
5 John Paul II, Evangelium Vitae (Gospel of Life), 27.
6 John Paul II, Evangelium Vitae (Gospel of Life), 40.
7 John Paul II, Evangelium Vitae (Gospel of Life), 56.
8 Aquinas, Thomas, Summa Theologica, II, II, Q37, A1C.
9 John Paul II, Reconciliatio et Paenitentia (Reconciliation and Penance), 17.
10 Aquinas, Thomas, Summa Theologica, II, II, Q13, A2C.
11 Aquinas, Thomas, Summa Theologica, II, I, Q72, A5 & Q77, A8. CCC, 1854-1856.
12 Aquinas, Thomas, The Summa Theologica, II, I, Q114, A6C.
13 CCC, 1857-1861 & 1874. John Paul II, Reconciliatio et Paenitentia (Reconciliation and Penance), 17. Aquinas, Thomas, Summa Theologica, II, I,
Q100, A9.
14 Aquinas, Thomas, Summa Theologica, II, I, Q89, A5.
15 CCC, 1859. Aquinas, Thomas, Summa Theologica, II, I, Q19, A6; Q30, A5; Q76, A2 & A4.
16 Aquinas, Thomas, Summa Theologica, II, I, Q15, A1.
17 Aquinas, Thomas, Summa Theologica, II, I, Q15, A2.
18 Aquinas, Thomas, Summa Theologica, II, I, Q15, A3.
19 Aquinas, Thomas, Summa Theologica, II, I, Q20, A5.

The definition of Murder is the "intentional taking of an innocent life." Murder is immoral.

The definition of the death penalty is "the intentional taking of a guilty life (grave crimes) by the hands of the state."  Death penalty is not murder, and is justified. 

Countless canonized popes and other saints have endorsed the death penalty for centuries.  Even Our Lord himself did not rebuke crucifixion, the death penalty under Roman law.  If I recall my history, it was not until the Catholic emperor Justinian that crucifixion was abolished under Catholic law, and this because it was the means employed against Our Lord. 

If Jesus was against the death penalty, he kept it to himself. He never told the penitant thief, Dismas, that his execution was an injustice. In fact the penitent thief even admitted he deserved the death penalty and Jesus never contradicted him.