Transcript Judaism and the Death Penalty

Judaism and the
Death Penalty
A Humanistic Perspective
By Ethan Bogard
Why Did I Select This Topic?
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I was a lawyer in a mock trial
I love Law and Order
One of my core values is justice, and
Barry Scheck is my role-model
The Death Penalty in the
Jewish Bible: Passages
“… then you shall give life for life, eye for
eye, tooth for tooth, hand for hand, foot for
foot, burn for burn, wound for wound,
stripe for stripe.” (Exodus 21:22)
The Death Penalty in the
Jewish Bible: Passages
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“Anyone who strikes a man and kills him
shall surely be put to death.” (Exodus
21:12)
“…Whoever does any work on [the
Sabbath] shall be put to death.” (Exodus
35:1)
The Death Penalty in the
Jewish Bible: Capital Crimes
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Murder
Blasphemy
Homosexuality
Idolatry
Adultery
Sorcery
Bestiality
The Death Penalty in the Jewish Bible:
Trouble for Bar Mitzvah Boys
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'A stubborn and rebellious son': when
does he become liable to the penalty of a
stubborn and rebellious son'? From the
time that he produces two hairs until he
grows a beard “right round”
The Death Penalty in the Jewish Bible:
Methods of Punishment
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Stoning
Burning
Slaying by the sword
Hanging
Flagellation
The Talmud: Making It Really
Difficult to Execute
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The rabbis barred execution unless:
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At least two eyewitnesses to all parts of the crime
testify
The eyewitnesses must have warned the offender
before he committed his crime that he could get the
death penalty if he does it
The offender must have acknowledged the warning
and done it anyway
The Talmud: Making It Really
Difficult to Execute
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Bearing false witness (lying) in a capital
case was a capital crime
No one may be executed based upon a
unanimous vote
The Talmud: Different Methods
of Execution
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Rabbis were concerned that execution be:
as quick as possible
 as painless as possible
 cause as little disfigurement as possible
 preserve the dignity of the condemned
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Others argue for methods of execution
more severe for more heinous crimes
Not all quick, painless, dignified
 E.g. bury in dung and pull cords around neck!
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The Talmud: Making It Really Hard to
Execute
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Forty years before the fall of Jerusalem, in
70 C.E., the rabbis finally stopped
endorsing capital punishment under any
circumstances, flatly abolishing it
altogether
The Death Penalty in Israel
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Death penalty for crimes against the state only
In the history of modern Israel only one death sentence
has been carried out:
 Adolph Eichmann
 “the architect of the
Holocaust”
Other death sentences have been imposed but
overturned on appeal
The Israeli military has forbidden execution by criminal
courts in the occupied territories
The Death Penalty in the U.S.
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1973- Supreme Court rules death penalty
laws unconstitutional
1976- Supreme Court announces rules to
correct constitutional deficiencies
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States modify laws and resume executions
1,100 executions since 1976
The Death Penalty in the U.S.:
Changing Public Attitudes
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More people oppose the death penalty,
especially if the alternative is life without
parole
Concerns about wrongful convictions
No clear evidence of deterrence
8 States have suspended the death
penalty
The Death Penalty in the U.S.:
Errors Made?
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My answer: “Yes.”
120 death row exonerations since 1973
Mistakenly convicting capital defendants is
not uncommon
Barry Scheck’s Innocence Project
The Death Penalty in the U.S.:
Race and Class Biased?
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Discriminatory against
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Blacks
Economically disadvantaged.
Better attorney = Life
Cheaper/overworked Attorney= death
In Kentucky, “it used to be said that if a
Negro killed a white man, it was murder. If
a white man killed a Negro, it was
unfortunate. If a white man killed a white
man, it was self-defense.”
Humanistic Judaism and the
Death Penalty
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Humanistic Jews believe in:
Racial Justice
 Social Justice
 Economic Justice
 Human Reason
 Scientific Evidence
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The Death Penalty: My View
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Need for retribution justifies the death penalty
 9-11
 Oklahoma City bombing
 Killing of Police and prison officials
but…
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The death penalty discriminates based on race and class
The government makes mistakes
The rabbis thought the death penalty was OK in theory,
but not in practice
So they made it very difficult to execute anyone