How We Punish Says Who We Are
Yet another person has
been sentenced to death this week. The man committed an horrific crime. He is indeed a monster. What he did speaks
volumes about him. What we do in response speaks volumes about us.
There are older
laws, but certainly the Code of Hammurabi of Babylon, dating nearly four thousand years ago, is pretty old. And pretty stark. “An eye for an eye, tooth for a tooth” stems
from the code. More than that: a pick pocket?
Cut off the hand. A peeping Tom?
Put out his eyes.
Today, we consider
such punishments crude. Barbaric. And
yet … and yet we still put people to death. Poison them. Hang them. Shoot them.
We say we hold life
sacred, and yet we put people to death.
I understand anger. I understand the desire for vengeance. But
our entire system of law is supposed to be based on the concept of justice, not vengeance.
Yet we are ever increasingly a society of vengeance, not justice. It’s
something to ponder.
It’s not just putting
people to death. By and large, our prisons have become houses of vengeance. They were supposed to be houses of rehabilitation.
The concept behind our prisons was, we separate the criminal from society (a necessary thing!) and then work to rehabilitate
the criminal so that when she or he is released back into society, that person may become a productive member of our society.
I know of some people
working within our prison systems, trying to help those behind bars to understand not only the crime that put them there but
how to become a positive force in society, not a negative one. But these efforts
are woefully underfunded, and underappreciated.
Much too often,
our prisons release back into society not rehabilitated people, but even more hardened criminals. And yet those who truly make the effort to help prisoners rehabilitate are much too often accused of “coddling”
the prisoner.
The bottom line seems
to be: we want vengeance. We are committed to vengeance. Rehabilitation is more of a “pleasant thought” than a real commitment.
I do not say this to detract from the real and important efforts of those who spend their lives trying to help rehabilitation. I say this in support of them, and praying that as a society we will rally to support
their efforts.
Let me be clear. I believe that there are some crimes so heinous, so terrible that the perpetrator
of that crime should never be allowed back into society. Some criminals are beyond
rehabilitation. But if life is sacred, if we want to teach our children (and,
let’s face it, remind ourselves!) that life is truly sacred then we must not kill, unless and except if it is self-defense.
It’s not self-defense
when the criminal is behind bars. When you kill a person who cannot possibly
threaten you, that is murder. Capital punishment is cold blooded murder.
I will close with
a personal example. A cousin of mine was senselessly murdered. I wanted his murdered found, and put behind bars; but not killed.
Taking a human life is wrong.
In all honesty, my more
emotional response to murder came when Adolph Eichmann was found. As a Jew born
in the aftermath of the Shoah, there aren’t words to describe how much I loathed the man, despised, hated … there truly aren’t
words. How can such a thing as Eichmann be described? I was fourteen when he went on trial. And yet, even then,
I prayed that Israel would not kill him. I prayed
that Israel would say, “Murder is wrong. All murder is wrong. It is so wrong that
despite the crimes against humanity perpetrated by this monster, we will not kill him.
He will live out his life behind bars. And perhaps, someday, God willing,
he will realize and repent of the evil he did. But regardless, we will not compound
the act of murder, even mass murder, by another act of murder.”
My prayer was not answered. But I continue to pray.
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(I wrote an article on this, specifically as it relates to terrorists, a few years ago )