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A Biblical View of Criminal Punishment Part 2

Jim Butler · 2009-02-22 · Ecclesiastes 8:11–13 · 4,708 words · 32 min

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.