January 20, 2003
ANOTHER VIEW:
Retain capital punishment in Texas
___The Christian Life Commission study on capital punishment in Texas presents two recommendations: First, "to suspend executions until the injustices which attend our present system have been effectively addressed," and second, "to make life in prison without the possibility of parole a sentencing possibility for Texas juries."
___Before reaching these conclusions, the study makes the c
laim that biblical teaching does not support capital punishment as practiced today, although it notes "well-intentioned" people of faith may differ.
___The study cites "church" involvement in capital punishment over the centuries, concludes we can learn from it, and states capital punishment in Texas and the United States is "an af
front to biblical justice" in its impact on the "marginalized in society and in terms of simple fairness. How can we perpetuate a system which is clearly so unfair and broken?"
___It should be noted that the CLC speaks for no one but itself. It speaks "to" Texas Baptists, not "for" them.
___After reading a draft copy of the CLC study, which is exhaustive and for which I commend those who drafted it, I find that I am one of those who differ with its conclusions. I am in favor of capital punishment and oppose a moratorium on its application. Of course, I speak only for myself, but I have a gut feeling that my feelings are those of the majority of Texans.
___A simple poll of my Sunday School department showed that 34 favored capital punishment, five were opposed and two abstained from expressing an opinion. I also polled several of my golf buddies. All were in favor of it. Maybe that tells you more about my friends than it does the death penalty, but one said, "I am for it because I feel that we must say that we value human life so much that if you take another person's life, we will take yours."
___I believe there are some murders so heinous, especially those involving children, that they demand the death penalty. Jesus himself said regarding anyone who caused a child to stumble in coming to him, "It is better for him that a heavy millstone be hung around his neck, and that he be drowned in the depth of the sea" (Matthew 18:6). I believe Jesus always knew exactly what he was saying, and if we are truly to use him as the criterion for interpreting Scripture, it seems he was prescribing capital punishment.
___There are some people who by their consistent, persistent murderous activities and their utter disregard for human life have demonstrated they are unfit to exist in today's society. Capital punishment is fitting for them, when their convictions are without question. In cases where only "reasonable" doubt rather than "beyond the shadow of doubt" doubt exists, life without parole might be justified.
___The CLC study asks for a moratorium on executions "until the injustices which attend our present system have been effectively addressed." Who is going to determine when the so-called injustices have been effectively addressed? The injustices cited in the report are unqualified counsel for murder defendants, law enforcement and prosecutorial misconduct, racial discrimination and an inadequate appeals process. It is implied that more judges would be critical of the current process if it wouldn't result in them being portrayed as "soft on crime" in subsequent elections.
___No one claims our legal system is perfect, but if I ever go on trial, I want it to be in the United States, preferably in Texas.
___As a reporter, I covered a trial where a man was charged with the shotgun death of his wife. He allegedly killed her and then attempted to kill himself but bungled it. Instead of shooting himself in the throat, he shot his ear off. Even though most observers were convinced of his guilt, he was acquitted.
___I served on a Dallas jury where a young man was accused of the unlawful use of a motor vehicle. The police had arrested him for driving a stolen van. At first, the vote by the jury was seven to five in favor of acquittal. Five of the jury members who voted for acquittal were of the defendant's ethnic group. I was one of the five who voted against it, and after several hours of discussion, two others joined us in voting for a guilty verdict. The five ethnic members voted consistently for acquittal, saying a conviction would ruin the young man's life. When the jury could not reach a decision, a mistrial was declared, and the man plea-bargained for 10 years' probation. A few months later, when a drug deal went bad, he tied the hands of three people behind their backs and executed them. Their lives were ruined forever. He got life in prison and will be eligible for parole when he is about ready to draw Social Security.
___Our legal system is not perfect, but with increasingly better forensic methods, such as DNA testing, guilt beyond the shadow of a doubt is evident in most murder cases today. Let's keep the death penalty.
___Toby Druin is editor emeritus of the Baptist Standard
___
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