OBSERVATIONS FROM DEATH ROW
Bill
Fitzhenry's Thoughts For Today…
Understanding important truths from the Bible….
Romans 13:1-4 NKJV
Let every soul be subject to the governing
authorities. For there is no authority except from God, and the authorities that
exist are appointed by God.
2 Therefore whoever resists the
authority resists the ordinance of God, and those who resist will bring
judgment on themselves.
3 For rulers are not a terror to
good works, but to evil. Do you want to be unafraid of the authority? Do what
is good, and you will have praise from the same.
4 For he is God’s minister to
you for good. But if you do evil, be afraid; for he does not bear the sword in
vain; for he is God’s minister, an avenger to execute wrath on him who
practices evil.
Some
fifteen years ago I was asked to go to the Texas Death Row to lead a Bible
study. This request came from Death Row
inmates. I applied for and received
permission to be a Voluntary Chaplain at the Ellis Unit in the Huntsville
system.
There I
was furnished the time and access to the Death Row inmates from which I came to
understand some of the problems of capital punishment. I came to know with a broad degree of
familiarity about 30 inmates and by introduction at the least all who were
awaiting execution.
At this
point I need to state that I support capital punishment. I do this for the same reason I oppose
abortion. I find both to be a clear
Biblical mandate.
Early
on in my time at Ellis Unit I met and became friends with a man named Michael
who was one of the founders of Prisontalk, a Death Row monthly paper. This paper had a circulation and contribution
throughout the U.S. Michael was the
first man whom I knew well that was executed.
He was a serial killer. And he
was man whom I found to be a very sincere Christian. He was also the most articulate opponent of
capital punishment that I have ever known.
You might say it was a matter of life or death with him.
The
argument he represented and the only Biblical argument I know was based on
opposition to the application of the 5th commandment in the Mosaic
Law. This argument stated that support
for capital punishment based on the Mosaic Law put the supporter in an indefensible
position. If he supported the death
sentence for murder then he must support it for all the offenses to which it is
applied in the Mosaic code. As this is
not done and few would ever argue for this thorough application, R. J. Rushduny
excepted, you cannot argue for its application in selected instances.
I found
two things about this argument. First it
is compelling and if it is argued well undefeatable. Secondly I see it as a straw man. The Mosaic Code does furnish some case law,
but it is not the basis for capital punishment.
There
are two Biblical supports for capital punishment that are undeniable.
The first is in Genesis 9:5-6 Surely
for your lifeblood I will demand a reckoning; from the hand of every
beast I will require it, and from the hand of man. From the hand of every man’s
brother I will require the life of man. 6
“Whoever sheds man’s blood, By man his blood shall be shed; For in the
image of God He made man.
This statement is in the context of the
Rainbow Covenant, 9:9-16.
9 “And as for Me, behold, I
establish My covenant with you and with your descendants after you,
10 and with every living
creature that is with you: the birds, the cattle, and every beast of the
earth with you, of all that go out of the ark, every beast of the earth.
11 Thus I establish My covenant
with you: Never again shall all flesh be cut off by the waters of the flood;
never again shall there be a flood to destroy the earth.”
12 And God said: “This is
the sign of the covenant which I make between Me and you, and every living
creature that is with you, for perpetual generations:
13 I set My rainbow in the
cloud, and it shall be for the sign of the covenant between Me and the earth.
14 It shall be, when I bring a
cloud over the earth, that the rainbow shall be seen in the cloud;
15 and I will remember My
covenant which is between Me and you and every living creature of all
flesh; the waters shall never again become a flood to destroy all flesh.
16 The rainbow shall be in the
cloud, and I will look on it to remember the everlasting covenant between God
and every living creature of all flesh that is on the earth.”
17 And God said to Noah, “This is
the sign of the covenant which I have established between Me and all flesh that
is on the earth.”
In 9:12-13 both the perpetuity and scope
of the covenant is established. It is forever
to be applied and in VSS 12, 13, 15, 16,
17, it is extended universally to all flesh. I think that this lies behind the Mosaic
demand of death for the shedding of blood.
Again
in Romans 13:4 the “sword” which is put in the hand of “governing authorities” must under any fair
intention of sound exegesis extend to capital punishment. The whole idea of “the sword” is the right of government to punish. The words in VS 4 indicate the most extreme power of punishment. Look at Paul’s warning; “be afraid”, “an avenger”,
and “executes wrath”. For anyone to say this stops short of the
most extreme penalty is naïve to say the least.
With
this in view I found a bias in the application of an unsound law. I say unsound because I assure you fully one
half (and probably more) of the murders in Texas do not come under the capital
punishment code. The bias I find is not
racial or educational. It is
economic. This is not to say the law is
baised against poor people. But the
system is. Poor people cannot afford
good legal representation. Therefore
they overwhelmingly furnish the population of Death Row.
This is
not to say that the rich get away with murder.
This does not seem to me to be so.
But they very rarely are given capital sentences. Their legal representation is good enough
that it is able to keep them off the table.
Of all
the men I met on Death Row – bank robbers, burglars, child-killers,
murder-for-hire, mass murders, and serial killers, I know of only one who there
was any chance of him having decent legal representation.
I never
met an inmate whom I sincerely thought was innocent. I am not saying there are not some innocent
men there but they are scarce as hen’s teeth.
This
leaves me to one personal observation. I
do not believe, “that it is better for 100 guilty men to go free than for one
innocent man to die”. I might change my
mind if I was the innocent man. If this
philosophy is extended through society, we cannot have firemen, police, a
standing army, or any who put themselves in harm’s way for the greater
good. There is a transcendental
good. Society is preserved by the law being
upheld. This is not a perfect world and
there can be some terrible injustices.
The wicked will go free, but they should never have a free pass.
I wonder
if you have ever looked around and said, “What the dickens has happened to us?”
For Mike Sharp
Life is sometimes hard and always brief,
Often bringing unbearable difficulties and filled with
grief.
Why is it we hang on to this frail tent with such desperation?
When it is so much easier to let go without a
question.
There was a man I knew, young and strong,
A man strong of heart and quick in thought.
Desiring equity and justice, he wrote from a lonely
cell.
But truth cannot be bound and justice will prevail.
This man doesn’t live here anymore.
We do not and will not say he does not live.
For he, by grace, has received his reward,
“To be absent from the body is to be present with the
Lord”.