A Biblical View of Criminal Punishment Part 2
Biblical Ethics
Returning to Bibles to Romans chapter 13, Romans chapter 13, we will look at this in more detail when we consider capital punishment, which will not be this evening. Tonight is part two of a biblical view of criminal punishment. We mentioned that capital punishment is one means of that, which, God willing, will take a whole sermon to develop. But I just want to read Romans 13, verses 1 to 4. put us back in that judicial frame of mind. Let every soul be subject to the governing authorities, for there is no authority except from God, and the authorities that exist are appointed by God. Therefore, whoever resists the authority resists the ordinance of God, and those who resist will bring judgment on themselves. For rulers are not a terror to good works, but to evil. Do you want to be unafraid of the authority? do what is good, and you will have praise from the same. For he is God's minister to you for good, but if you do evil, be afraid. For he does not bear the sword in vain, for he is God's minister and avenger to execute wrath on him who practices evil. Amen. Father, we thank you for the Holy Scriptures. We pray now that you would guide us and direct us as we consider some Some difficult subjects, difficult topics. We just pray you would help us to have clarity of thought. Grant us grace, Father, to know what your word says in these crucial issues facing this generation. For God, literally, we are seeing the wholesale abuse of your standard. We see little regard paid to what the scripture says, even in the church, God, with reference to these matters. We pray it would not be the case with us. We pray that you would keep us low and humble. and cause us, Father, to truly delight in your law. We pray through Christ Jesus our Lord. Amen. That was a lot for me, and I trust it was probably a lot for some of you as well. What we took is our text, Ecclesiastes 8.11, which says, Because the sentence against an evil work is not executed speedily, therefore the heart of the sons of men is fully set in them to do evil. We looked at that under four considerations by way of a brief exposition. We saw first that the verse deals with criminal justice in society. Secondly, the verse highlights the restraining power of law and penal sanctions. Thirdly, the verse demonstrates the provocation of wicked men. punish them, we don't deal with them righteously, they will be provoked to further exploits in the realm of evil and wickedness. And fourthly, we saw that the verse teaches God's consciousness with reference to civil justice. And having conducted that brief exposition, we then made some applications. The first was some general principles of biblical punishment. Some general principles. I'll just run through those quickly. First, punishment of criminals is necessary in order to protect non-criminals. Secondly, punishment of criminals is necessary in order to carry out God's wrath. on evildoers in history, as we just saw in Romans 13. Third, the punishment of criminals is necessary in order to root out evil from society. Fourth, punishment that is consistently carried out serves as a deterrent to would-be criminals. We see that here in Romans 13. But if you do evil, be afraid. You ought to fear doing wickedness in society, because the magistrate will punish you. The Old Testament, after these punishments were called for, it says, then all Israel will hear and fear. Fifthly, we saw that punishment inflicted is to be consistent with the crime committed. Man is said to be punished according to his guilt, according to his wickedness, according to his own ways. This comes to expression in the civil realm as a just reward or a just recompense. according to Hebrews chapter 2 and verse 2, and it is summarized in the law of retribution or the lex talionis, the eye for eye ethic. Sixthly, punishment is intended to be certain and without mercy or pity to the criminal, no matter who he is. He may feel bad. Doesn't mean we don't punish him. We still carry out the punishment. Seventh, punishment should be consistent with the law of God. Secondly, by way of application, we consider the biblical methods of punishment. The first is restitution, or compensation, or paying back those whom you stole from. Secondly, we look at corporal punishment. Deuteronomy 25, verses 1 to 3. There are guidelines set forth for the physical infliction of pain upon a criminal in order to punish him. And then thirdly, the execution for serious offenders. As I said, God willing, we'll look at that in probably two weeks' time. Next week, I will actually be in Ridgecrest, California, preaching an installation sermon for Pastor Michael Cropper. So please remember Pastor Cam and your prayers this week as he will be bringing us the word or bringing you the word next Sunday morning and evening. Now the third line of application I want to pursue this evening is the immorality of the prison system. Fourthly, and this is an addition, I figured if you were all going to go with me down the road of corporal punishment in Deuteronomy 25, I'd throw one other hot potato in the mix. So number four, we'll deal with the rebellious son of Deuteronomy chapter 21. Fifth, we'll look at the dignity of biblical punishment. And then sixthly, and finally, the need to flee to Christ for salvation. But as we consider the immorality of the prison system, I couldn't really send us to a passage to open up in our reading tonight, because you'll find a great deal of silence on this issue of prison. It was never used as a punishment in Old Testament Israel. Joseph was in prison in Egypt. Paul and the Apostles were in prison in pagan Rome. Prison was no more than a temporary custody in Israel for someone to be tried. It was never an end in itself as a punishment. So if you take your concordance and you look up prison, you will not find a whole lot on this particular subject. And I want to consider the immorality of it. Again, not because I think Joe Ditto shouldn't have a job at the prison, or that we shouldn't pray for and visit and preach to those in prison. But as we consider what the Bible says about punishing people, it's much better for us to conform ourselves to the mind and to the will of God than to develop a humanistic institution which actually, not only does it not work, but it is counterproductive in the grand scheme of things. And I want to just commend to you Rush Dooney's Institutes of Biblical Law. He deals with prison. A book by Vern Poitras, which is actually a very good book if you're interested in doing further studies in these subjects, called The Shadow of Christ and the Law of Moses. Much of what I will say tonight in critique of the prison system comes from that very excellent book. And then also Gary North deals with emptying the prisons in his book, Victim's Rights. So apart from temporary custody, awaiting trial, imprisonment was not prescribed in Israel for punishment. It was not a particular means by which you punish someone in God's law. And I want to look at five reasons why it is immoral. And first of all, we remember the law of retribution, the whole basic foundation of biblical ethics, and biblical law and biblical justice is that eye-for-eye ethic. The punishment must fit the crime. Well, unless a man has imprisoned someone else, him being sent to prison doesn't really fit that category. The punishment must fit the crime. And there's a comedian who speaks of the crime of loitering. It's kind of a funny presentation, but it makes a lot of sense. Loitering. You're going to arrest someone and put them in jail for loitering? That's what they're about. That's how they roll. They loiter. So you're going to put them in a jail cell so they can loiter some more? No, it's crazy. But the punishment must fit the crime. If we send a man to prison, the only crime worthy of imprisonment is if he imprisons someone else. That's just a real practical observation. But secondly, and most importantly, is that imprisonment thwarts the biblical principle of restitution. If, as we have seen in Exodus 22, verses 2 and 3, remember the situation, a man breaks into another person's house and he is caught, he is to make restitution. We read that he should make full restitution. If he has nothing, then he shall be sold for his theft. If he is put into prison, he cannot make restitution. The biblical model is that a man works. And in working there is dignity for the man himself, but he is able then to pay back what it is he has done. And you know, when all is said and done and he's paid his debt, he is done. He's over. He no longer is in that bondage. It's a wonderful thing. I remember at the Union Gospel Mission one time, a guy, and I think he had a biblical mindset. Wasn't professing Christ, wasn't touting the scriptures, but he says, you know, the worst part of my life is not working. What do you mean by that? Well, it's hardwired in a man to work. And there's dignity in work. There is dignity in labor. We put them in prison, we thwart that biblical principle of work, and for their ability to pay back what it is they have done. Thirdly, as we see here in Exodus 22, verse 3, he should make full restitution. If he has nothing, then he shall be sold for his theft. And that makes people free, God. Slavery. Right? He should be sold for his debt. He is sold. He is an indentured servant. He is a worker for someone else. That offends a lot of people. It may offend you tonight. But you know what's really offensive is the slavery of the modern prison system. There's no worse form of prison. In this model of slavery, a man still has his wife. A man still has social intimacy with his family. A man still has a degree of privacy. He still has access to a righteous portion of population so that he can grow in his wisdom and understanding and maturation so that he doesn't duplicate his crimes. Slavery is nowhere more evident than in the modern prison system. Fourthly, prisons do not deter crime. They don't. Homosexual rape is a reality in prison. Drug abuse is a reality in prison. It doesn't deter it. You know what it does? It removes it. You can't really blame society. We'd rather have crime somewhere else. Right? In many respects, the prison is a way for us to breathe freely and not have that criminal element present to get us. It doesn't deter crime. It doesn't stop crime. Now, I'm sure in some instances, we're speaking in generalities, I'm sure some guys go there, they do what they're supposed to do, they don't do more stuff, but very often it is a proving ground or a training ground for even more crime. And then fifthly, prison is not designed Now, it may happen by default, but it's not designed to promote effective rehabilitation. It's just not designed that way. Now, again, a man may come out after a 10-year stint never to repeat his crime. But statistics tell us that a lot of people in prison are repeat offenders, are a professional class of hardened criminals. I think Vern Poitras is right on when he says this. Criminals have the most hope for rehabilitation if they feel the justice of their punishment. In addition, criminals have a greater chance to reform if they are in normal contact with normal society. They then have opportunity immediately to engage in just, socially profitable work and contributions to others. The abnormalities of prison life can never become a viable environment for training in righteousness. You know, so before we go, oh, horror of horrors, Exodus 22.3, that man sold into slavery. Yeah, but it's in the context of a godly family. It's in the context where he may fall in love with his master, not in a weird, sinful way. There's instances where a man who, at the end of his time, he may not want to leave. Why is that? Because he's put into a social environment where he's learning properly. We face a lot of people, especially if they come out of homes, where they have no training in righteousness, no godly example, no nothing. When they go to the prison, it's not like they have all kinds of examples there. They will fare a whole lot better working for the family and paying back the family that they stole from. So that's a brief critique on the prison system. Fourthly, turn to Deuteronomy 21. Deuteronomy chapter 21. Again, I'll ask you just to take this in, think about it, pray about it, reflect on the scripture, as I hope you'll do with the other things that Liz mentioned in the course of this study. The rebellious son of Deuteronomy 21, 18-21, which incidentally is cited by Jesus without any adverse comment whatsoever. In his dispute with the Pharisees in Matthew chapter 15, he just alludes or he highlights or he quotes this particular section or theme and he just treats it as normative for Christian ethics. But in Deuteronomy 21 at verse 18, if a man as a stubborn and rebellious son will not obey the voice of his father or the voice of his mother, And who, when they have chastened him, will not heed them? Then his father and his mother shall take hold of him, and bring him out to the elders of his city, to the gate of his city. And they shall say to the elders of his city, This son of ours is stubborn and rebellious. He will not obey our voice. He is a glutton and a drunkard. Then all the men of his city shall stone him to death with stones. So you shall put away the evil from among you, and all Israel shall hear and fear." Now, before we even begin to unpack this, please, Bear with me for a moment, okay? Bear with me. I mean, the first response to read this, oh, that's horrible. We're all sinners. We all deserve to be stoned. Yeah, I know that. This is dealing with a different specimen of sinner, though, that we'll see in just a moment. The first thing we need to notice is that this does not apply to a naughty child, but to a rebellious adult son. Notice that he is a drunkard. Five-year-olds aren't drunkards. Okay? Just first and foremost, get back. This isn't dealing with your, you know, problem child that you've had to spank a few times, and he still does the things that you told him not to. That's not what's in view here. We're dealing with a young adult son here. Okay? First thing. Gotta notice that. Not like God says, if your kid in diapers doesn't do it, you say, boy, you just let him. Let go. No. Secondly, you need to notice that this verse and this passage presupposes the exercise of parental discipline. The parents have worked with this child. This isn't like the first step. Our son's a wretch. Let's take him to the elders and let's stone him. No. They have worked with him. They have exercised discipline. It says, and who, when they have chastened him, will not heed them. Thirdly, this section of this passage demonstrates the state's monopoly on capital punishment. This is not a right of families. There is a division of labor in God's world. Family is never to execute the rebellious son. They bring him to the elders. They bring him to the state representatives. Fourthly, this shows the respect due for father and mother. Not just father identified, but mother as well. So you potential rebellious sons, you better make sure you pay attention to both your parents. And then fifthly, this case highlights the specific violation in view. If I asked you what it was, I hope you wouldn't say gluttony and drunkenness. Those are symptoms. Old Testament Israel, they didn't take a drunkard out of a bar and stone him to death. He is incorrigible. What does that mean? It means he will not change. He will not stop. He will not be redeemed. He will not be restored. He has hardened himself. He has stiffened his neck. And the text says very clearly, this son of ours is stubborn. Again, not a five-year-old who won't drink out of his sippy cup. He is rebellious. Again, not the little one who won't finish all of his dinner. He is stubborn and rebellious. He knows better. They have chastened him. They have agonized over him. They have labored with him, and yet he remains unmoved, impenitent. Again, I want to read just a section out of Poissos' book on this text. He says, the death penalty for wholesale violation of parental authority may seem harsh to modern sentiments. It does. But I would argue that it is not only just but realistic. Parental authority, even if very imperfectly exercised, takes place in the context of personal relationships and natural pressures in the direction of love. Parents have many advantages over the state. If a person does not receive instruction from parents, the chances of receiving instruction from the state's more impersonal discipline are nil. The person who rebels in wholesale fashion against parents will also rebel against the state and create general destruction and disorder until eliminated. It is mere sentimentality to refuse to come to grips with this reality. I think he's right on there. And I think we need to conform our thinking more along the lines of God's law. How does this apply? Well, if it applies to a rebellious son in the context of a covenant family in Old Testament Israel, it certainly must have some bearing upon the lifelong, hardened, professional class of criminals. I mean, a lot of places in the world recognize a three-strikes-your-out law. In fact, in California, they have that. your third strike, your third crime, your third felony conviction, you get life in prison. Well, certainly if this incorrigible son was to be taken out and executed, we at least ought to think about it with reference to those instances where there are men who are so hearted that they will listen to neither parents nor state nor pastors, nor no one. Now that doesn't mean God can't save them, God can't convict them, God can't deal with them, which we'll look at when it comes to the death penalty. One of the arguments against the death penalty from the Christian camp, well if we execute an offender, well then they won't get saved. Well, we're Calvinists. We believe that God saves all whom he has purpose to save. And if they are put on death row, they will hear the gospel, they will believe the gospel, they will be saved by the gospel, and still take their lips for having committed crimes. Fifthly, the dignity of biblical punishment. You say, dignity? Absolutely. Humanism provides just the obliteration of dignity in a man. We have seen first the righteous concern for the victim of a crime. The righteous concern for the victim of a crime in biblical law. God actually cares for the victim. God actually is concerned that people get paid back. God's not a communist. He doesn't want our wealth redistributed by a criminal class of thugs. He wants it that if we get stolen from, that that person pays us back. He wants it that if a woman is raped, or violated, or a child is, or there's some other brutal crime, that they be visited with punishment. Secondly, we have seen repeated instances where there is the need for the corroboration of witnesses. God doesn't roll like we do. We might get a bee in our bonnet and we might accuse someone of doing something that we don't like. Tough. Unless there's two or three witnesses, we're not going to roll that way. Unless there's two or three witnesses in corroboration of what you are alleging, we are not going to hear the case. What is that? It is protection. It is built-in due process. Thirdly, We saw this morning in Deuteronomy 25, and you can turn there again, just to see the outflow of corporal punishment in society. Deuteronomy 25, verse 1, if there is a dispute between men, they come to court, that the judges may judge them, and they justify the righteous and condemn the wicked. That's a proper trial. There has to be a proper trial. You don't just say, that guy did this, okay, let's beat him with a stick. No. That's not the way it's supposed to be. Notice there's proper supervision for when the sentence is carried out. Then it shall be, verse 2, if the wicked man deserves to be beaten, that the judge will cause him to lie down and be beaten in his presence. The judge is there to make sure he doesn't get more, he doesn't get less. He gets what the law prescribes. Thirdly, there is proper proportion. He has beaten notice according to his guilt. According to his guilt. I mean, just a... I'm not going to get into the ethics of it all, but an illustration from this past week. This very week. You know what captured our attention more than an $800 billion counterfeiting scheme? It was A-Rod taking steroids. I'm not going to get into the ethics of steroids and all that, you know, but in the grand scheme of things, 800 billion dollars for AROT on steroids, we should be rising up and crying out about 800 billion dollars. I mean, that's amazing. And there are, people are voicing concerns about that, people are saying things, but there must be proper proportion when it comes to guilt for There must be a proper limit. Proper limit. Forty blows he may give him and no more. And there is, fifthly, proper dignity shown. Even in this context of corporal punishment, lest he should exceed this and beat him with many blows above these, and your brother be humiliated in your sight. You want to talk about the grace and mercy of God? God is concerned that a criminal not be humiliated above measure when he is being corporally punished. And we've got the gall to say, oh, that Old Testament is harsh. No. It is beautiful. It is glorious. And fourthly, the intent to restore the criminal to society as a law-abiding citizen. And then the whole goal of restitution is this. So he can pay it back and then carry on with his life. Right? He doesn't have to be penalized anymore. Rushton, he argues, and I think convincingly, that after a man has paid back his debt, let him go. He's done his time. He's paid his debt. He's not a criminal anymore. He has paid it back. We strip his rights away from him. We never allow him to become anything more than, you know, whatever. That's more harsh, more barbaric. Biblical law, man could have risen after doing this to a place of great respect and great commendability on the side of the public. I came across a quote this week from an essay, a critique of the humanitarian theory of punishment by C.S. Lewis, and I'm not here to advocate or endorse all of Lewis's theology, that's a whole different subject, but he's bang on with this particular observation. He says, it is indeed important to notice that my argument so far supposes no evil intention on the part of the humanitarian and considers only what is involved in the logic of his position. He says, I'm not, you know, as I critique the humanitarian theory of punishment, it's not looking at their evil, it's not looking at their wickedness. He says, just their logic, how they roll, how they operate. He says, My contention is that good men, not bad men, consistently acting upon that position would act as cruelly and unjustly as the greatest tyrants. They might in some respects act even worse. Of all tyrannies, a tyranny sincerely exercised for the good of its victims may be the most oppressive. It may be better to live under robber barons than under omnipotent moral busybodies. The robber baron's cruelty may sometimes sleep, his cupidity may at some point be satiated, but those who torment us for our own good will torment us without end, for they do so with the approval of their own conscience. They may be more likely to go to heaven, yet at the same time likelier to make a hell of earth. Their very kindness stings with intolerable insult. to be cured against one's will, and cured of states which we may not regard as disease, is to be put on a level with those who have not yet reached the age of reason, or those who never will, to be classed with infants, imbeciles, and domestic animals." And this is the capper. but to be punished, however severely, because we have deserved it, because we ought to have known better, is to be treated as a human person made in God's image. Humanism strips away humanity. Theology is built to respect the dignity of man because we bear God's image. He is concerned for how we carry out even matters of criminal punishment. And then sixthly and finally, the necessity to flee to Christ for salvation, the high penalty imposed on the convicted criminal is intended to impress upon the criminal, potential criminals, and all ethical rebels, the majesty of God's love, the holiness of his character, the purity and the goodness of who God is, and to show us that we need the Savior, Jesus Christ. If penalty and punishment and those things were being carried out more consistently, perhaps there would be more fear in them. Perhaps they would be afraid in offending a holy and a righteous God. Perhaps they would ask people in churches, what must I do to be saved? But when we do not carry out God's will in society, we are sending a convoluted message of who God is and what he demands in this world. So this ought to promote in all of us a fear, and a fear to flee to the Lord Jesus Christ. Let us pray. Father, we thank you for the Word of God. We have considered some heavy things today, and we just pray that you would help us to not just rule these things out because we haven't heard them before, but help us to be students of the Scripture. Help us to search and examine the Scriptures and to know your mind and your will on these crucial issues, God, facing us today. We do pray for our We pray for this nation of Canada. We pray that there would be some genuine changing, genuine revival in the churches and a genuine awakening among those dead in their trespasses and sins. We know, Father, that the law is powerless to save. We know that the law does not justify. But, God, we do see the place of law in restraining the wickedness that goes on unchecked in our society. We pray that you would cause magistrates to fear the Lord and to rule accordingly. So with each one of us now, God, we pray in Jesus' holy name. Amen.
