I have a friend from high school, Doug Ramseur (now
interestingly married to a UCC minister), who has made a career of being
a Capital Defender. A Capital Defender is employed by a state to carry
out defense work at the sentencing stage of capital crimes. Since most
public defenders are overworked and underpaid and sentencing can
involve specialized legal work, Doug comes in when someone has been
found guilty of a capital crime and is facing a death sentence in order
to give them the best defense the law can allow.
I can remember when Doug first began this work years ago we
were talking about the death penalty. I offered that the crimes are
horrible and listening to the families of the victims is traumatic. I
asked, "How can we help but want the ultimate punishment for such
terrible violent acts?" Doug's response has always stayed with me. He
replied that it was also traumatic to listen to the family members of
the offender. Often, the offender underwent abuse and neglect, suffered
from mental illness and/or was himself the victim of violent crime.
Listening to the mother of an offender weep for the misspent life of her
son is also haunting.
Once I reflected on Doug's words, maybe for the first time, I
began to think of offenders of horrendous crimes as human. The acts of
violence are so terrible that the normal human response is to recoil in
horror and to re-categorize such a person as a monster--the ultimate
other that should have no place in this world. My reluctance to think
of such an offender as human, I realized, had a lot to do with my own
desire not to see any similarities between myself and him.
Over the years since then, once I began to consider the
possibility that capital offenders were human too, I have paid attention
to the issue of capital punishment. Study after study continues to
demonstrate the inequalities in our justice system. If you are wealthy
enough to hire good criminal defense lawyers it is highly unlikely you
will be sentenced or even convicted, whereas a person who only has an
overworked and under-trained public defender is almost guaranteed to not
only be convicted but face harsher sentences. Furthermore, the
scientific evidence is vast that ethnic minorities receive harsher
sentences than Caucasians and are convicted by juries at a higher rate
for the same crimes. Regularly, it seems, various "Innocence Projects"
reveal through DNA research or review of evidence that a person on Death
Row (usually African-American and male) is innocent. Debate over the
death penalty would be a different matter if our legal system really
offered everyone the same treatment.
One of the main arguments in favor of the death penalty is
that it serves as a deterrent to crime, but such is not the case in
reality. Crime rates rise and fall regardless of whether or not a state
has a death penalty. Go ahead and google the death penalty. You will
find the sad statistics and studies are readily available to all, but
facts are rarely a part of the political discourse.
Kansas City's free weekly newspaper
The Pitch recently had an excellent article about Missouri's death penalty by Steve Vockrodt.
Vockrodt effectively and convincingly shows the ridiculous lengths the
Missouri Department of Corrections has gone through to shroud its
process of lethal injection in secrecy. The doctor it uses is
incompetent, the drugs it uses are untested, and the laws regarding
capital punishment are twisted to prevent scrutiny by defense lawyers,
medical experts and the public at large.
Vockrodt also wrote an article back in January about Missouri's lethal injection machine,
which was designed by Fred A. Leuchter, a Nazi sympathizer and
Holocaust denier who was convicted of falsely presenting himself as an
engineer. If this sounds like the plot of a movie, it is, except it's
not a work of fiction but
a documentary by Errol Morris
which details this bizarre story. Yet, not even those facts can stop
Missouri and its executions. Our legislature and especially our
governor, Democrat Jay Nixon, wish to appear tough on crime even if it
means using a machine created by a Nazi sympathizer and Holocaust
denier.
Of course, one of the main justifications for capital
punishment is the oft-quoted "eye for an eye" argument by people--often
Christians--who claim the Bible supports it. Never mind that Jesus
explicitly refutes this reading of scripture,
Christians, especially "Bible-believing" Evangelicals demonstrate the
highest rate of support for the death penalty. Recently, fundamentalist
extraordinaire Al Mohler of the Southern Baptist Convention wrote a
defense of capital punishment. Mohler's weak argument was
easily dispatched by Evangelical blogger Shaine Clairborne,
who notes that Mohler's pro-death penalty piece didn't mention Jesus at all.
I liked Clairborne's piece, but when I shared it on Facebook one of my
church members pointed out an obvious omission in it. Clairborne
expertly points out the flaws in the criminal justice system and then
wonderfully points out that Jesus demonstrated that no one is fully
beyond redemption, yet he fails to mention the most obvious point of all
that Jesus Christ himself was an innocent man put to death by the
state.
I would argue that the main reason more Christians are not
opposed to the death penalty is because of a bad theological
understanding of why Jesus died on the cross. The dominant
understanding of the reason for Jesus' death is wrapped in an
understanding of atonement theology that says Jesus' death was
necessary, because Jesus takes the punishment we sinners deserve. The
logic of this theology says that God's justice requires suffering and
violence in order for God's wrath to be assuaged. Following this line
of thinking, violence can be redemptive and when carried out by those
who are righteous satisfies the demands of justice. Never mind the bit
about Jesus being innocent or Rome using violence to control its
subjects, God needed someone to die and Jesus did. Even beyond what
this theology says about God and violence, the problem remains that our
legal system does not dispatch God's justice, because it lacks God's
omniscience.
The God I believe in desires more than vengeful
retribution. Instead God desires restoration. For me, Jesus' death
exposes the inadequacies and injustices of human legal systems and
power-hungry politicians. Jesus' death demonstrates humanity's need for
reconciliation not only with God but with one another. Rather than a
justification for violence, Jesus' death is the ultimate statement about
the failure of violence to solve humanity's ills. A society must have a
legal system to function, but that system must always be open to
reform, scrutiny and when necessary, reformulation. As it stands, the
states of Missouri and Kansas continue to kill people in your and my
name through a system that benefits the rich over the poor and the white
over the black and brown. Most of all, this system denies the humanity
of the offenders and diminishes the humanity of all of us. Until it is
stopped, all of us are demeaned by it.
Grace and Peace,
Chase
You can read more thoughts from Chase and keep up with what he's reading on his blog: www.revpeep.blogspot.com and follow him on Facebook and Twitter.