Punishment is Necessary for Justice

January 16, 2006 Posted by Roger OvertoncloseAuthor: Roger Overton Name: Roger Overton
Email: rogeroverton@hotmail.com
Site: http://ateamblog.com
About: Roger Overton is currently pursuing a Masters degree at Talbot School of Theology. He has addressed various churches, schools and youth camps throughout the United States. Roger was co-editor of The New Media Frontier (Crossway, 2008) and God and Governing (Wipf & Stock, 2009). Roger can be emailed at rogeroverton@hotmail.com.See Authors Posts (569)

Last week I laid out two examples of how our culture’s view
of justice is deficient. The first was in regard to most of those who contended
for the clemency of Stanley Williams, while completely disregarding the heinous
crimes committed. The second was the sentencing of a repeat rapist to only 60
days in prison because the judge believed therapy was better than punishment.
The problem is that without punishment, there is no justice.

The brilliant Ronald Nash has shown that such
misunderstanding of justice has been with us throughout human history, all the
way back to the Greeks. He explains that justice “involved giving a person her
due.” For example, if someone fairly wins an Olympic race, justice is not
served until they are given a medal (as the rules require). Conversely, if I
steal books from the library, justice is not served until those books are
replaced and compensation is made for the time they were missing (as the law
requires).

The sort of justice we expect in a court of law is called
“Remedial Justice.” Remedial justice demands that those tried who are innocent
are set free and those tried who are guilty are punished. Once a crime is
committed, injustice rules until the offender is punished for their act. But it
cannot be any random punishment. If I stole $100 of books and only replaced $50
worth, justice has not yet been served. Punishment must at least be equal to
the injustice committed.

Often, it’s difficult to quantify how much punishment equals
the injustice of a crime. Why was I charged $128 for a speeding ticket? The
amount seems completely arbitrary. How much punishment is necessary to bring
justice to a rape victim? In the case I discussed last week, why was 60 days in
prison not enough? The aunt of the victim had a reasonable idea- the rapist
should spend four years in prison because he sexually assaulted the girl for
four years. Still, in many of these areas the degree of punishment necessary is
fuzzy.

Clearer cases tend to involve issues related to money. If I
steal $100, I should repay $100. But one clear case is the most controversial-
If I take a life, mine should be taken. If I take multiple lives, mine should
be most definitely taken (part of the problem with sin is that we can do more
harm than we can make up for- thus the need for a savior). But is capital
punishment biblical? Genesis 9:5-6 (ESV) “And for your lifeblood I will require
a reckoning: from every beast I will require it and from man. From his fellow
man I will require a reckoning for the life of man. Whoever sheds the blood of
man, by man shall his blood be shed, for God made man in his own image.”

This command from God came before the Law, was incorporated
into the Law, and was never abolished. This passage alone should answer the
question as to whether or not capital punishment can be defended from the
Bible. Some have argued, however, that Jesus calls us to a higher way of
forgiveness.

From Matthew 5:38-42 (ESV) “You have heard that is was said,
‘An eye for an eye and a tooth for a tooth.’ But I say to you, Do not resist
the one who is evil. But if anyone slaps you on the right cheek, turn to him
the other also. And if anyone would sue you and take your tunic, let him have
your cloak as well. And if anyone forces you to go one mile, go with him two
miles. Give to the one who begs from you, and do not refuse the one who would
borrow from you.”

To apply this to justice is, again, a misunderstanding of
justice. Who’s in authority to administer justice? Certainly not you or I. If
my father is murdered and I retaliate by killing the murderer, I’m just as
guilty. Only the government (below heaven) has the authority to enforce and
administer justice. As Greg Koukl points out, Jesus appears to have affirmed
the authority of the government in this matter:

“In fact, Jesus never challenged the validity of the death penalty when He
had perfect opportunity to do so. Even in John 8, with the woman caught in
adultery, he never challenged the death penalty itself. He didn't enforce it under
what seemed to be an unjust situation because all the witnesses fled. Remember,
Jesus said, “Is there no one here to condemn you? Then neither do I
condemn you. Go and sin no more.” The Law required witnesses to convict
someone. Jesus did not speak against the death penalty here. It was required by
law.” (See also: The Bible and Capital Punishment)

By teaching us to “turn the other cheek,” Jesus was
not advocating the release of all criminals from their proper punishments. He
was explaining how individuals should interact with other individuals, even
those who commit wrongs against them. Rather, the testimony of Scripture
demands justice- that wrongs are ultimately made right. This is why Jesus died
on the cross- to make right the wrongs of certain sinners who would other wise
be justly punished.

Related posts:

1. More Moral Repugnancy
2. Death Penalty Saves Lives
3. No Need to Fear a Conservative Justice
4. Justice Stevens Agnostic about Existence of "Bill of Rights"
5. 24 Ethics
6. Exhibiting God's Character: Both Justice and Love

Posted in Ethics, Main Page, Roger's Posts, Theology