Judaism and the Judaism and the Death PenaltyDeath PenaltyA Humanistic PerspectiveA Humanistic Perspective

By Ethan BogardBy Ethan Bogard

Why Did I Select This Why Did I Select This Topic?Topic?

I was a lawyer in a mock trialI was a lawyer in a mock trial I love I love Law and OrderLaw and Order

One of my core values is justice, andOne of my core values is justice, and Barry Scheck is my role-modelBarry Scheck is my role-model

The Death Penalty in the The Death Penalty in the Jewish Bible: PassagesJewish Bible: Passages

“… “… then you shall give life for life, eye for then you shall give life for life, eye for eye, tooth for tooth, hand for hand, foot for eye, tooth for tooth, hand for hand, foot for foot, burn for burn, wound for wound, foot, burn for burn, wound for wound, stripe for stripe.” (Exodus 21:22)stripe for stripe.” (Exodus 21:22)

The Death Penalty in the The Death Penalty in the Jewish Bible: PassagesJewish Bible: Passages

““Anyone who strikes a man and kills him Anyone who strikes a man and kills him shall surely be put to death.” (Exodus shall surely be put to death.” (Exodus 21:12)21:12)

“…“…Whoever does any work on [the Whoever does any work on [the Sabbath] shall be put to death.” (Exodus Sabbath] shall be put to death.” (Exodus 35:1)35:1)

The Death Penalty in the The Death Penalty in the Jewish Bible: Capital Jewish Bible: Capital

CrimesCrimes MurderMurder BlasphemyBlasphemy HomosexualityHomosexuality IdolatryIdolatry Adultery Adultery SorcerySorcery BestialityBestiality

The Death Penalty in the The Death Penalty in the Jewish Bible: Trouble for Jewish Bible: Trouble for

Bar Mitzvah BoysBar Mitzvah Boys

'A stubborn and rebellious son': when 'A stubborn and rebellious son': when does he become liable to the penalty of a does he become liable to the penalty of a stubborn and rebellious son'? From the stubborn and rebellious son'? From the time that he produces two hairs until he time that he produces two hairs until he grows a beard “right round” grows a beard “right round”

The Death Penalty in the The Death Penalty in the Jewish Bible: Methods of Jewish Bible: Methods of

PunishmentPunishment StoningStoning BurningBurning Slaying by the sword Slaying by the sword HangingHanging FlagellationFlagellation

The Talmud: Making It The Talmud: Making It Really Really

Difficult to ExecuteDifficult to Execute

The rabbis barred execution unless:The rabbis barred execution unless: At least two At least two eyewitnesseseyewitnesses to all parts of the crime to all parts of the crime

testifytestify The eyewitnesses must have warned the offender The eyewitnesses must have warned the offender

before he committed his crime that he could get the before he committed his crime that he could get the death penalty if he does itdeath penalty if he does it

The offender must have acknowledged the warning The offender must have acknowledged the warning and done it anywayand done it anyway

The Talmud: Making It The Talmud: Making It Really Really

Difficult to Execute Difficult to Execute Bearing false witness (lying) in a capital Bearing false witness (lying) in a capital

case was a capital crimecase was a capital crime No one may be executed based upon a No one may be executed based upon a

unanimous voteunanimous vote

The Talmud: Different The Talmud: Different MethodsMethods

of Executionof Execution Rabbis were concerned that execution be:Rabbis were concerned that execution be: as quick as possible as quick as possible as painless as possible as painless as possible cause as little disfigurement as possible cause as little disfigurement as possible preserve the dignity of the condemned preserve the dignity of the condemned

Others argue for methods of execution Others argue for methods of execution more severe for more heinous crimesmore severe for more heinous crimes Not all quick, painless, dignifiedNot all quick, painless, dignified E.g. bury in dung and pull cords around neck!E.g. bury in dung and pull cords around neck!

The Talmud: Making It The Talmud: Making It Really Hard to ExecuteReally Hard to Execute

Forty years before the fall of Jerusalem, in Forty years before the fall of Jerusalem, in 70 C.E., the rabbis finally stopped 70 C.E., the rabbis finally stopped endorsing capital punishment under any endorsing capital punishment under any circumstances, flatly abolishing it circumstances, flatly abolishing it altogetheraltogether

The Death Penalty in The Death Penalty in IsraelIsrael

Death penalty for crimes against the state onlyDeath penalty for crimes against the state only In the history of modern Israel only one death sentence In the history of modern Israel only one death sentence

has been carried out: has been carried out: Adolph EichmannAdolph Eichmann ““the architect of the the architect of the

Holocaust”Holocaust”

Other death sentences have been imposed but Other death sentences have been imposed but overturned on appealoverturned on appeal

The Israeli military has forbidden execution by criminal The Israeli military has forbidden execution by criminal courts in the occupied territoriescourts in the occupied territories

The Death Penalty in the The Death Penalty in the U.S. U.S.

1973- Supreme Court rules death penalty 1973- Supreme Court rules death penalty laws unconstitutionallaws unconstitutional

1976- Supreme Court announces rules to 1976- Supreme Court announces rules to correct constitutional deficienciescorrect constitutional deficiencies States modify laws and resume executionsStates modify laws and resume executions

1,100 executions since 19761,100 executions since 1976

The Death Penalty in the The Death Penalty in the U.S.: Changing Public U.S.: Changing Public

AttitudesAttitudes More people oppose the death penalty, More people oppose the death penalty,

especially if the alternative is life without especially if the alternative is life without paroleparole

Concerns about wrongful convictionsConcerns about wrongful convictions No clear evidence of deterrenceNo clear evidence of deterrence 8 States have suspended the death 8 States have suspended the death

penaltypenalty

The Death Penalty in the The Death Penalty in the U.S.: U.S.:

Errors Made?Errors Made? My answer: “Yes.”My answer: “Yes.” 120 death row exonerations since 1973 120 death row exonerations since 1973 Mistakenly convicting capital defendants is Mistakenly convicting capital defendants is

not uncommonnot uncommon Barry Scheck’s Barry Scheck’s Innocence ProjectInnocence Project

The Death Penalty in the The Death Penalty in the U.S.:U.S.:

Race and Class Biased?Race and Class Biased? Discriminatory againstDiscriminatory against Blacks Blacks Economically disadvantaged. Economically disadvantaged.

Better attorney = LifeBetter attorney = Life Cheaper/overworked Attorney= death Cheaper/overworked Attorney= death In Kentucky, “it used to be said that if a In Kentucky, “it used to be said that if a

Negro killed a white man, it was murder. If a Negro killed a white man, it was murder. If a white man killed a Negro, it was unfortunate. white man killed a Negro, it was unfortunate. If a white man killed a white man, it was If a white man killed a white man, it was self-defense.”self-defense.”

Humanistic Judaism and Humanistic Judaism and the the

Death PenaltyDeath Penalty Humanistic Jews believe in:Humanistic Jews believe in: Racial JusticeRacial Justice Social JusticeSocial Justice Economic JusticeEconomic Justice Human ReasonHuman Reason Scientific EvidenceScientific Evidence

The Death Penalty: My The Death Penalty: My ViewView

Need for retribution justifies the death penaltyNeed for retribution justifies the death penalty 9-119-11 Oklahoma City bombingOklahoma City bombing Killing of Police and prison officialsKilling of Police and prison officials

butbut……

The death penalty discriminates based on race and class The death penalty discriminates based on race and class The government makes mistakesThe government makes mistakes The rabbis thought the death penalty was OK in theory, The rabbis thought the death penalty was OK in theory,

but not in practicebut not in practice So they made it very difficult to execute anyoneSo they made it very difficult to execute anyone