As the state prepares to kill again

April 22nd, 2010 11:29 am CT

In his book, The Founding Murder, Rene Gerard recounts when Cain killed his brother Abel and realizing what he had done stated: “Now that I’ve killed my brother, anyone will kill me at sight.”(Gen. 4:14) God then brings forth a new law against murder stating: “If anyone kills Cain, he shall be avenged sevenfold.”(Gen 4:15)

The question is: Was this God’s intent to punish those who murder one another by capital punishment – the death penalty?

Capital punishment as we know it is justified by the State based on the writings of St. Augustine’s “Just War” principles. Specifically:
1. Just Cause – In order to protect human life, to prevent a murder by a particular individual, for a crime that is so ‘grave’ that it disrupts society;
2. Right intention – The intent of capital punishment is based solely on the heinous and egregious criminal act of which an individual has been found guilty;
3. Proportionality of ends – The killing of an individual as punishment for their crime cannot be greater than the crime of which they have been found guilty of committing against society.

Public prosecutors tend to seek the death penalty when, by statue, it is justified. Society allows these prosecutors to determine and vie for the death penalty when the “proportionality of ends” meets the standards established by society.

In order for there to be a “proportionality of ends” the sentence – death cannot be greater than the crime committed.

The method the State uses to cause death in fulfillment of the sentencing has lead to some modifications. In some respects society wants it both ways: To control crime –societal disruption by having a death penalty and, to implement the death penalty in the “most humane” manner. Oxymoron comes to mine.

Society in making laws uses their own rationale to justify their actions. The movement of states from having a death penalty on their law books to not having one has been a political process. This process has been a slow one, yet public opinion has swayed many legislators and governors.

Gaile Owens, the former Bartlett resident is scheduled to be executed on September 28. If she is killed it will be the first time in 190 years that a woman has been executed in the State of Tennessee. Has the “proportionality of ends” been met?

If Gaile Owens sentence is commuted by Governor Phil Bredesen, she will have to live with the memory of her grievous act. This is much more harmful to the soul than death.