The death penalty — in the form of convicted murderer Briley Piper, is front and center in South Dakota again this week, as the Supreme Court of South Dakota overtuled the circuit judge who sentenced him to death. Both opponents and proponents of capital punishment offer biblical justification for their viewpoints. What’s yours?
Hazel Bonner — Seventh Day Adventist
Our hearts go out to Dottie Poage for the pain this re-sentencing must bring her. But Murder Victims for Reconciliation believe that forgiveness is essential to healing. And we know that our murdered children will always be held in the highest esteem, while the murderers are forever scorned by society - as it should be.
The death penalty in South Dakota continues to grow as murders continue happening in this small state. However on Thursday, July 29, the death sentence of Briley Piper was overturned by the South Dakota Supreme Court. The SD Supremes say he must be sentenced by a jury.
Fourth Circuit Judge Warren Johnson sentenced Piper to death for the murder of Chester Allen Poage in Lawrence County in 2000. Piper, 19 at the time, pleaded guilty and was sentenced by a judge, along with Elijah Page who was executed in 2007, after giving up all appeals. The third person involved, Darrel Hoadley, the only area resident, did not plead guilty and was convicted at trial and sentenced by a jury to life in prison, which in this state is life without parole.
Piper, from Anchorage, Alaska, was appointed two attorneys, as happens in all death penalty cases in South Dakota. He claims they did not properly advise him that every juror would have to vote for death in order for him to face execution. He also was not informed of that by Johnson when he waived his right to not be sentenced by a jury. The SD Supremes agreed that he was not properly informed.
The Lawrence County States Attorney, John Fitzgerald, Jr. has notified Poage, mother of the victim. Fitzgerald and Poage have both started a campaign to give Piper death again at the sentencing by a jury. The sentencing will perhaps take place here in Rapid City or may go on in Deadwood. Thus the pain of Poage’s death will remain with Ms. Poage forever. She appeared to be happy with the execution of Page stating that justice worked at his execution. We should not execute adults, but educate our children about violence.
Piper will remain in administrative segregation in the Jamison Annex at the Sioux Falls prison until he is sentenced by a jury. Fitzgerald and Poage both still want him to be executed. Apparently said sentencing will take many months. While death Row in this state contains only three inmates with a fourth man hanging himself several years ago, it is a horrible life for those inmates.
They remain in isolation every day, never getting to go outside, and never having contact visits with their family or friends, except by special request. According to the Administrative Segregation handbook, they get out of their cells only 45 minutes per week day to shower and exercise. Both Piper and Page are from out of state but people in Lawrence County, and his father, visited Page before his execution. His was the first execution in this state in over 60 years.
This writer worked on death row in South Carolina during an internship the summer of 1993. Many people on death row there, most of them black, for killing white people, have already been executed. One inmate remains there for a murder he probably did not commit, Eddie Lee Elmore, has been on death row for decades for the murder of an elderly white woman.
Inmates there are not held like caged animals. They have contact visits and go outside for exercise. They are served meals together in a congregate dining hall. This writer had meals with the inmates there. If they create problems they are put in a lock down cell. This writer visited inmates there in their cells and sat and talked with the inmates during meals. They had a birthday party for this writer on August 22.
As the Death Penalty Abolition Coordinator for Amnesty International (AI), this writer is seeking to find a way to end the total isolation of inmates on our death Row. While our hearts go out to Ms. Poage and know that this re-sentencing of Piper opens up those wounds again, this writer has watched the death penalty in this state over a period of at least 30 years.
Attending the sentencing of Jason Star on July 27 and hearing his cry for help to the victims’ family reminded me of what happens to natives who kill white people in this state. Star pleaded guilty in the death of his girlfriend, Jody Ellis in February. He was sentenced to 45 years in prison. He was so drunk he does not even remember killing her.
Star has serious alcoholism problems and may die in prison. Another native man, Shannon Fast Horse was also sentenced to 45 years for killing his white girlfriend in Hot Springs. He too was intoxicated at the time. Both had prior protection orders issued against them by the victim. But protection orders are not mutual.
In spite of many murders of natives, this writer does not recall the death penalty ever being sought in those killings. This writer attended the March for Justice from Pine Ridge to White Clay Nebraska last month. Tom Poor Bear was seeking justice for Wilson Black Elk, Jr. and Ron Heard heart, his relatives. Since we are all related we are all relatives of these two murdered men. The deaths of these two natives have not even been solved. Many murders of Indians remain unsolved there and here.
Many natives here have been murdered in horrible torture type killings, but the death penalty has not been sought. Their killers receive short sentences – 51 months in a recent killing of two natives in federal court. Does the death of a native mean less than the death of a white person? We do not think so. AI opposes the death penalty under any circumstances, especially since most executed persons have killed whites and most are brown skinned. We acknowledge every human life and mourn for the victims’ loved ones. But the executions cannot be carried out in our name.
In some instances the killing of a native is written off as self Defense.
If the death penalty kept the residents of our state safer, then there would be some small reason for it, but it does not. Neighboring North Dakota does not have a death penalty but is one of the five safest states in the nation. South Dakota does, but ranks far down in the list for safety of our citizens. In fact all five of the safest states do not have the death penalty – that says something about deterrence of murders in states with the death penalty, doesn’t it?
In the meantime many natives are victims of our society and when they are murdered, or commit suicide in a treatment facility; their deaths do not lead to the execution of their killers.
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Rev. Brian Carpenter — Presbyterian Church in America, Sturgis
Reformed theology, which is the branch of theology to which I and my denomination adhere, is also known as “Covenant Theology.” This is because we believe that God interacts with human beings based on the model of a covenant, or agreement, which binds both parties. We believe there are two main, overarching covenants that govern our dealings with God as human beings, The Covenant of Works and the Covenant of Grace. We believe that there are several smaller covenants that fit within the framework of those two main covenants. These covenants cannot simply be forgotten or done away with. They can be fulfilled and subsumed by another, greater covenant, but they don’t just go away.
One of those smaller covenants is called the Noahic Covenant. This was the sovereign covenant that God made with Noah and all mankind through him. We find it in Genesis 8 and 9. The Noahic Covenant has not been subsumed or fulfilled by later covenants. It is a covenant that lasts as long as the earth itself lasts. Its instructions are binding upon all men everywhere for all time. The relevant part for today’s discussion is found in Genesis 9:6, and reads as follows,
“Whoever sheds the blood of man,
by man shall his blood be shed;
for in the image of God”
has God made man.”
In other words, the Bible mandates the death penalty for murder. Jesus never abrogated that during his earthly ministry, and his designated and authorized spokesmen, the Apostles, never did either. In fact, Paul upholds the right of the magistrate as “one who bears the sword” in Romans 13:
“Everyone must submit himself to the governing authorities, for there is no authority except that which God has established. The authorities that exist have been established by God. Consequently, he who rebels against the authority is rebelling against what God has instituted, and those who do so will bring judgment on themselves. For rulers hold no terror for those who do right, but for those who do wrong. Do you want to be free from fear of the one in authority? Then do what is right and he will commend you. For he is God’s servant to do you good. But if you do wrong, be afraid, for he does not bear the sword for nothing. He is God’s servant, an agent of wrath to bring punishment on the wrongdoer. Therefore, it is necessary to submit to the authorities”
I want to suggest that the sword represents a divine warrant for an authorized agent of the state to use lethal force for the punishment of wrongdoers.
I do not think that those who try and use the Bible to justify an anti-capital punishment stance have a leg to stand on. They either revert to so-called extrabiblical “revelations” or descend into a gauzy haze of muddle-headed thinking that goes something like, “Jesus was nice and capital punishment isn’t nice, therefore Jesus wouldn’t like capital punishment.” The only trouble with that sort of argument is that no true Christian of any stripe could entertain it for very long, for it does violence to one of the foundational articles of the Christian faith. Namely the article concerning the eternal pre-existence of Christ as the Word, or Logos, who was fully present and in agreement when God the Father decreed the Noahic Covenant, and who himself will come again in glory to punish His enemies with an everlasting “death penalty.” (Rev. 19:11-21, 20:7-15)
Finally, to those who blather about the deterrent effect (or lack thereof) concerning the death penalty, I have two observations:
1. If it were speedily and evenly applied, I guarantee that the murder rate would go down. As it is, a man can die of old age in prison before the State finally gets around to executing him.
2. Having said that, I don’t support the death penalty because of any deterrent effect, real or imagined. I support it because God requires it. When we departed from the model of jurisprudence that took for granted that crimes deserved a measured and proportional punishment and embraced instead a model which claims that crime is an illness and needs treatment, and any treatment applied must justify its usage by showing measurable effects, then we lost something very important. We ripped the criminal justice system out of the hands of ordinary men and women and placed it in the hands of self-appointed specialists. What punishment someone deserves for a bad act is something any thinking man or woman can have an opinion on. What is most likely to rehabilitate someone from an inward sickness is something that only an “expert” can claim knowledge of.
Ask yourself, is society better or worse since the “experts” took over?
Father Thomas Williams, St. John’s Orthodox Church
It’s difficult to define the Orthodox Church’s exact position on capital punishment as it has become a social issue here mostly during the last century. Some Orthodox jurisdictions have denounced it in formal statements: For example, the 1989 Resolution on the Death Penalty released by the Orthodox Church of America. Meanwhile the Moscow Patriarchate did not condemn the use of capital punishment. Capital punishment has not been either fully accepted or condemned universally by the Church as a whole.
While there is great adherence to Christ’s teachings on the sacredness of life, and, indeed, all creation, there is also a strong tradition in the Church of respect for civil authority in the land, and adherence to the laws of the land. “Render to Caesar the things that are Caesar’s, and to God the things that are God’s.”
Our Lord’s words to Pilot also apply when Pilot said: “ Do you not know that I have the power to crucify You and the power to release You?” Jesus answered: “You could have no power at all unless it had been given you from above. Therefore the one who has delivered me to you has the greater sin.”
There is a prayer used during the Divine Liturgy (mass) by St. John Chrysostom that reflects this respect for authority.
“Again we offer unto Thee this rational worship for the whole world, for the holy, catholic and apostolic Church … and for all civil authorities and our armed forces everywhere; grant them, O Lord, peaceful times, that we in their tranquility may lead a calm and peaceful life in all reverence and godliness.”
The military and civil authorities protect our nation from external and internal strife that we may lead a peaceful life.
While we struggle here on earth with attempting to embrace Christ’s teachings and incorporate them into our lives, as we understand them, there is a prayer by the monk Thomas Merton that certainly applies. “My Lord God, I do not see the road ahead of me. Nor do I really know myself, and the fact that I think I am following Your will does not mean that I am actually doing so. But I believe that the desire to please You does in fact please You. And I hope I have that desire in all that I am doing. And I hope that I will never do anything apart from that desire. I know that if I do this You will lead me by the right road though I may know nothing about it… .”
Dr. Nicholas Wallerstein–humanities and religion professor
I certainly agree with the Reverend Carpenter that the Bible is replete with Godly-sanctioned examples of execution. Two quick examples: In Joshua, when the Israelites are taking control over the Promised Land, God demands that all the beings in the conquered towns be sacriced to Him. In fact, several persons get punished by God for not fulfilling God’s request.
Second: In reference to the Reverend Carpenter’s theological point that there exists the Christian ”article [of faith] concerning the eternal pre-existence of Christ as the Word, or Logos, who was fully present and in agreement when God the Father decreed” various covenants, we must realize that this presupposes Christ’s awareness of and agreement with his own death by execution on the cross. Christ’s willingness to give up his godhead in Heaven for a time (an example of his “Kenotic” love), become human (the Incarnation), and die (the Passion) is a willingness that the Son took on before the fact. In other words, Christ sacrifices himself because of his love, and knowingly becomes human to be executed. The early members of the Jesus Movement saw this sacrifice as an all-encompassing atonement for the nation Israel, and later Christian theologians see it as, in fact, atonement for all mankind. In Book Three of Milton’s Paradise Lost, the moment is poetically rendered in dramatic fashion when God demands “satisfaction” for Adam and Eve’s disobedience. God asks if there exists love in Heaven so great that a heavenly being would be willing to step forward to sacrifice himself in order to save mankind. The Son steps forward to volunteer, to die by execution on the cross, and the Angels sing his praises in a beautiful angelic hymn. God the Father lovingly approves of the Son’s actions, for God believes that either a heavenly being must be executed or Adam and Eve (hence all humans) must be executed. Otherwise, heavenly Justice will cease to exist. And God’s Justice must not, can not cease to exist. Thus execution becomes the means through which humans achieve salvation.
It therefore seems pretty obvious to me that God approves of execution–even for his own son. Liberals believe, of course, that God got it wrong. Through their pride, liberals are convinced that they are enlightened and that others dwell in the darkness of their own ignorance. But it’s hard for me to believe that a being who is all-knowing and all-powerful could dwell in the darkness of ignorance.