Expert: Dr. Ronald E. Shultz - 9/25/2006

Question
Hello there.  I was wondering if I could get your opinion on these two strongly conrtroversial subjects.  I am a college student, and one of my classes requires some research form respected Baptists.  Also, are you a Southern Baptist?  This info. will be helpful.  Thankyou.  

Answer
Well, I guess it depends on who you talk to whether I am a respected Baptist ot not.  ;-)  Those in the Liberal camp would have little respect for me.  To many Moderates I would be far too radical and to the radical Right I would be far too moderate.  That makes me think that I am right on target.

I am an Independent Baptist.  To most factions within the SBC, I would be far too Conservative.  Be that as it may, here are my thoughts on the topics and you can use them in whatever way you can.

The primary differences between the two are guilt and accountability. A conceived human in the womb is innocent and not even accountable for his conception thus to kill him makes the land guilty of innocent blood.  There are many injunctions and curses upon spilling innocent blood in the OT.

A murderer or capital criminal is both guilty and accountable for his actions. There is nothing the OT law for an insanity plea. God will be just with the insane when they get to Him.  Besides, He is the only one who knows for sure if it is an act or true insanity.  David once feigned insanity to get out of a tight spot.  Many have done the same in courtrooms.      

Some say that we are not under OT law so that the capital crimes mentioned there are no longer valid. Well, murder was a capital crime before the law.  

Gen 9:5-6
5 And surely your blood of your lives will I require; at the hand of every beast will I require it, and at the hand of man; at the hand of every man's brother will I require the life of man.
6 Whoso sheddeth man's blood, by man shall his blood be shed: for in the image of God made he man. (KJV)

Oddly, we still kill animals that attack people even if they do not kill the person yet we want to spare humans that do worse than just kill a person. A human life is more valuable than an animal but there are many who would opt for abortion but would howl if someone killed an animal "needlessly" or used one for experiments.

You already know the Levitical crimes that carried the death penalty so I won't repeat those.  Note that crimes against nature and rape which "ends" a person's life even though the victim lives are added to murder. These are still "life ending" crimes.  Child molestation is rape and would have been a capital crime then and I believe should be so today or at least life without parole though I do not advocate such sentences.  They say it cannot be cured but they turn the person back out on the streets to be tempted again and open up more children to violation. Yep, that is sane.

Romans 13 speaks to the State having the right to execute criminals.  

Rom 13:4 For he is the minister of God to thee for good. But if thou do that which is evil, be afraid; for he beareth not the sword in vain: for he is the minister of God, a revenger to execute wrath upon him that doeth evil.
(KJV)

3162  machaira (makh'-ahee-rah);
probably feminine of a presumed derivative of 3163; a knife, i.e. dirk; figuratively, war, judicial punishment:
KJV-- sword.

You can do a study on the machaira and see its various uses. The context of the passage speaks to citizens obeying the law not nations at war so this is not speaking to the national right of self-defense but rather capital punishment.

Exod 21:22-24
22 If men strive, and hurt a woman with child, so that her fruit depart from her, and yet no mischief follow: he shall be surely punished, according as the woman's husband will lay upon him; and he shall pay as the judges determine.
23 And if any mischief follow, then thou shalt give life for life,
24 Eye for eye, tooth for tooth, hand for hand, foot for foot, (KJV)

3206  yeled (yeh'-led);
from 3205; something born, i.e. a lad or offspring: -boy, child, fruit, son, young man (one).

In this passage the unborn child is seen as a human being and injury to that child be it fatal or maiming is punishable by the extent of the damage.  If the child leaves the womb and dies then the offender dies.  If it is maimed because of the blow then the offender is maimed in the same manner.  

Lev 18:21 And thou shalt not let any of thy seed pass through the fire to Molech, neither shalt thou profane the name of thy God: I am the LORD. (KJV)

There are various thoughts as to why children were sacrificed to Molech. One is that they offered up their handicapped children or their girl children in hopes of receiving a whole child or a boy. They did not have the technology to see "defects" prior to birth so when they saw the "problem" they ran down to Molech or some groups just tossed them in the river to the crocs or gaters.  

God decries human sacrifice so killing a baby for a deformity or because you wanted the fun of sex without the responsibility is an obvious sin.  You have sacrificed the child on the altar of your lust or have been deceived by the pro-abortionists who have death as their idol.  

It is sad that the opponents of the death penalty scream cruel and unusual punishment but they don't see burning a child alive with a saline solution or cutting him to pieces with a D&C or even nearly birthing the child but stabbing it in the neck as cruel or unusual.  The saline solution is close to the fires of Molech except the child most likely suffers more and there is a body left as proof of the crime.
Whatever the law may say the Supreme Judge calls it murder and will not let it those victims go unavenged.

The OT Jews did not have prisons.  They had a city of refuge where a person could go to "appeal" his case so to speak or plead that a death was accidental but if a crime was deemed committed and the man charged found guilty the sentence was carried out swiftly whether it was death, dismemberment or restitution.  The society and victim did not pay for the criminal's act.  It was a more humane concept.

Man was meant to be free and able to exercise his free will so locking him up in a cage for many years or life is a cruel punishment. It is not a normal or usual life.  Life imprisonment only makes a hard core criminal harder and exposes people who might have been able to repent and return to society to stresses and ideas that make them less prone to be "rehabilitated."  Murders, rapes and other injuries happen on a routine basis in prisons.  After all, what can you do to a man who is in prison until his death, put him in jail?

Instead of taking his life let's let him have the opportunity to murder and maim other inmates and guards numerous times in a 20-40 year term.  Let's make society have to pay for his meals and healthcare while he buffs up in the gym and takes law courses so he can jam the courts with frivolous lawsuits.  Let's punish the victim or the family knowing that he is well cared for and might one day escape or even win a parole or pardon so that he can come and finish the job or kill someone else.  No unusual and cruel activity in all that.  

God knows what He is about and children are to be protcted by the womb. It was not designed to be a tomb or torture chamber.  People have the choice to engage or refrain from sex but they do not have the right to destroy what sex was designed to do.  

Victims and society are not required to continually pay for those who destroy life whether by murder, molestation or rape.  We have far better investigative processes than we have ever had in history so there is no reason to eliminate the death penalty.  While we must always be cautious we must never give the criminal the courage to commit a capital crime because he thinks he will not be caught or if he is that he will never be executed.   

I hope that this has been of some help to you amd may you do well in your classes.  May God richly bless you as you seek His will though His Word!

Maranatha!