www.ChristianCiv.com 

 RSS
by email

 RSS
in reader

 

 
Showing posts with label Penology - Capital Punishment - Method. Show all posts
Showing posts with label Penology - Capital Punishment - Method. Show all posts

10.18.2010

When a man is led out to be executed he is to be given a cup of drugged wine so as to cloud his mind. For it was said:  "Give strong drink unto him that is ready to perish, and wine unto those that be of heavy hearts" (Prov. 31:6).
- "Law of Procedure (Tractate Sanhedrin),"  The Babylonian Talmud in Selection, Ed. by Leo Auerbach, 249 (1944), at http://www.sacred-texts.com/jud/bata/bata15.htm.

1.03.2010

When the rapist and the raped are both unmarried and unbetrothed: The rapist has forcefully murdered the woman’s honour, by raping her. He has violently impaled her, she being unwilling. Thereafter, he too should violently be impaled - even if unwilling. The juridical rule must be: eye for eye; tooth for tooth; and, as it were, rape for rape (cf. Exo. 21:24-25). After due process of law and conviction on the evidence, he too should be impaled, at law - with arrows or stones (or bullets)! As Jesus says: With the measure with which he measured, he too shall be measured and judged (Matt. 6:2 cf. 5:21-26). In Deut. 24:16f. God commands: "Every man shall be put to death for his own sin. You shall not pervert...the fatherless."
- F.N. Lee, Rape!!!: A 6000 History of Pederasty and other Sexual Violence 10-11 (2004), at http://www.dr-fnlee.org/docs4/wpfcmar/wpfcmar.pdf.

11.03.2008

Man was created to have dominion over the animals. When animals rise up against man, they are guilty of rebellion, insurrection against the very image of God Himself: "And surely I will require your lifeblood; from every beast I will require it. And from man, from every man's brother I will require the life of man. Whoever sheds man's blood, by man his blood shall be shed, for in the image of God He made man" (Gen. 9:5, 6). The fact that the animal is stoned in Exo. 21:28-32 indicates that the purpose of the law is not simply to rid the earth of a dangerous beast. Stoning in the Bible is the normal means of capital punishment for men. Its application to the animal here shows that animals are to be held accountable to some degree for their actions. It is also a visual sign of what happens when a clean covenant man (an ox is “clean” under OT dietary laws) rebels against authority and kills men. Stoning is usually understood to represent the judgment of God, since the Christ is "the rock" and the "stone" which threatens to fall upon men and destroy them (Matt. 21:44).
- James Jordan, The Law of the Covenant 123 (1984), at  http://www.garynorth.com/freebooks/HTMLDjVu.

9.16.2008

When the manslayer arrived at the city of refuge a trial was held by the "congregation," doubtless in the persons of their representatives, the elders (Num. 35:24-25). If the man were found guilty of murder, he was taken even from the very altar of God (1 Kings 2:28ff., Rev. 6:9-10, 9:13-14), and turned over to his hometown elders (Deut. 19:12) for execution at the hands of the avenger of blood. If the man were found innocent of murder, he had to remain in the city of refuge until the death of the high priest. Blood, even blood spilled accidentally, pollutes the land (Num. 35:32-34, cf. Gen. 4:10-11).
- James Jordan, The Law of the Covenant 98-99 (1984), at http://www.garynorth.com/freebooks/: HTML, DjVu.

9.13.2008

To the three modes of capital punishment explicitly mentioned in the Pentateuchal laws, rabbinic law adds a fourth; viz., strangulation. This is the penalty incurred by the perpetrator of any one of the crimes to which the Pentateuch affixes death, without specifying the mode of death and where no conclusions from Gezerah shawah can be deduced. The Rabbis argue thus: No death-sentence pronounced in the Bible indefinitely may be construed with severity; on the contrary, it must be interpreted leniently. And since the Rabbis viewed strangulation as the easiest of deaths, they decided that the undefined death-sentence of the Pentateuchal code means strangulation. Moreover, the Bible frequently speaks of death sent "by Heaven" for certain sins (e.g. Gen. 38:7,10; Lev. 10:7,9); and as the death visited by Heaven leaves no outward mark, so must the death inflicted by a human tribunal leave no outward marks, and that is possible only in an execution by strangulation.

By strangulation the following six crimes are punished: 1. Adultery (Lev. 20:10; Deut. 22:22). 2. Bruising a parent (Exo. 21:15). 3. False prophecy (Deut. 18:20). 4. Insubordination to supreme authority; "Zaḳen mamre," (Deut. 17:12). 5. Kidnaping (Exo. 21:16; Deut. 24:7). 6. Prophesying in the name of heathen deities (Deut. 18:20).

- Wilhelm Bacher and Lewis N. Dembitz, Capital Punishment,  Jewish Encyclopedia (1901), at http://www.jewishencyclopedia.com/view.jsp?artid=128&letter=C.
Two crimes only are punished by slaying: 1. Communal apostasy (Deut. 13:12-15). 2. Murder (Exo. 21:12; Lev. 24:17).  The penalty for the first is explicitly declared (Deut 13:15): "Thou shalt surely smite the inhabitants of that city with the edge of the sword"; but that of the latter is again based on the principle of the Gezerah shawah. As with reference to a murderer the law is (Exo. 21:20), "He shall surely be punished" ("naḳom yinnaḳem"; literally, "It shall surely be avenged"), and elsewhere (Lev. 26:25) an "avenging sword" ("ḥereb noḳemet") is spoken of, the Rabbis argue that the term "naḳom" applied to homicide has the significance given to it by its connection with sword.

- Wilhelm Bacher and Lewis N. Dembitz, Capital Punishment,  Jewish Encyclopedia (1901), at http://www.jewishencyclopedia.com/view.jsp?artid=128&letter=C.

9.09.2008

Following the rule of Gezerah Shawah, the crimes punished with death by burning in rabbinic law are the following ten: 1. Criminal conversation by a priest's daughter (Lev. 21:9). 2. Criminal conversation with one's own daughter  3. Criminal conversation with one's own daughter's daughter (Lev. 18:10). 4. Criminal conversation with one's own son's daughter (Lev. 18:10). 5. Criminal conversation with one's own stepdaughter (Lev. 18:17). 6. Criminal conversation with one's own stepdaughter's daughter (Lev. 18:17). 7. Criminal conversation with one's own stepson's daughter (Lev. 18:17). 8. Criminal conversation with one's own mother-in-law (Lev. 20:14). 9. Criminal conversation with one's own mother-in-law's mother  10. Criminal conversation with one's own father-in-law's mother.
- Wilhelm Bacher and Lewis N. Dembitz, Capital Punishment,  Jewish Encyclopedia (1901), at http://www.jewishencyclopedia.com/view.jsp?artid=128&letter=C.

9.08.2008

With reference to bigamy with mother and daughter the law reads (Lev. 20:14): "It is wickedness" ("Zimmah hi"), and because elsewhere (Lev. 18:17) the identical expression is used with reference to criminal conversation of man with female relatives of other degrees, by Gezerah shawah, the penalty which the Pentateuch attaches to the former also attaches to the latter. On the same principle the penalty is established for such conversation with relatives within certain ascending degrees, comparing them with the descending degrees of like removes explicitly mentioned in the Bible.
- Wilhelm Bacher and Lewis N. Dembitz, Capital Punishment,  Jewish Encyclopedia (1901), at http://www.jewishencyclopedia.com/view.jsp?artid=128&letter=C.

9.06.2008

The Pentateuchal authority affixes death by stoning to criminal conversation with a betrothed virgin (Deut. 22:23-24). 
- Wilhelm Bacher and Lewis N. Dembitz, Capital Punishment,  Jewish Encyclopedia (1901), at http://www.jewishencyclopedia.com/view.jsp?artid=128&letter=C.
The Pentateuchal authority, expressed or inferred by Gezerah Shawah, affixes death by stoning to each of the following eighteen crimes: 
1. Bestiality committed by man (Lev. 20:15). 
2. Bestiality committed by woman (Lev. 20:16). 
3. Blasphemy (Lev. 24:16). 
4. Criminal conversation with a betrothed virgin (Deut. 22:23-24). 
5. Criminal conversation with one's own daughter-in-law (Lev. 20:12)
6. Criminal conversation with one's own mother (Lev. 18:7, 20:11)
7. Criminal conversation with one's own stepmother (Lev. 18:8, 20:11
8. Cursing a parent (Lev. 20:9). 
9. Enticing individuals to idolatry (Deut. 13:6-11).
10. Idolatry (Deut. 17:2-7).
11. Instigating communities to idolatry (Deut. 13:1-5). 
12. Necromancy (Lev. 20:27)
13. Offering one's own children to Molech (Lev. 20:2).
14. Pederasty (Lev. 20:13).
15. Pythonism (Lev. 20:27).
16. Rebelling against parents (Deut. 21:18-21). 
17. Sabbath-breaking (Num. 15:32-36). 
18. Witchcraft (Exo. 22:18).
- Wilhelm Bacher and Lewis N. Dembitz, Capital Punishment, Jewish Encyclopedia (1901), at http://www.jewishencyclopedia.com/view.jsp?artid=128&letter=C.

9.05.2008

Concerning the witch, it is said (Exo. 12:18), "Thou shalt not suffer her to live," and elsewhere (Exo. 19:13) the expression, "Shall not live," is used in connection with "He shall surely be stoned"; therefore, by Gezerah shawah, in the first case the particular penalty is to be the same as in the second.
- Wilhelm Bacher and Lewis N. Dembitz, Capital Punishment,  Jewish Encyclopedia (1901), at http://www.jewishencyclopedia.com/view.jsp?artid=128&letter=C.
In the case of the instigator to communal apostasy ("maddiaḥ") the law reads (Deut. 13:5), "He hath spoken . . . to thrust thee out of the way of the Lord," and in that of the enticer of individuals ("mesit") the identical expression is used: "He hath sought to thrust thee away from the Lord" (Deut. 13:10); hence, by Gezerah shawah, as in the latter case stoning is the penalty, so it is in the former.
- Wilhelm Bacher and Lewis N. Dembitz, Capital Punishment,  Jewish Encyclopedia (1901), at http://www.jewishencyclopedia.com/view.jsp?artid=128&letter=C.
Regarding bestiality, the law reads (Lev. 20:15), "He shall surely be put to death; and you shall slay the beast." Here the particular mode of death is not stated, but can be infered by means of a Gezerah shawah. Since, with reference to the enticer to idolatry, the Bible (Deut. 13:9) employs the term Harag = "to slay" ("Thou shalt surely slay him"), and this is immediately explained by the addition, "Thou shalt stone him with stones, that he die" (Deut. 13:10), it follows that the term "harag" used in reference to the beast likewise means to slay by stoning. And as for the criminal himself, his sentence is the same as that of the beast in connection with which he is mentioned.
- Wilhelm Bacher and Lewis N. Dembitz, Capital Punishment,  Jewish Encyclopedia (1901), at http://www.jewishencyclopedia.com/view.jsp?artid=128&letter=C.

9.04.2008

When the death penalty is prescribed but no mode, the mode can be inferred by the principle of Gezerah Shawah - comparing similar or analogous expressions in two or more passages, in one of which the meaning and import of the expression are unmistakable.   Regarding "a wizard" the law says (Lev. 20:27), "They shall stone them with stones; their blood shall be upon them."  Here the expression "Demehem bam" is plainly used in connection with death by stoning; hence it is argued that, wherever the same expression occurs in the Pentateuch in connection with the death penalty, it means death by stoning, and consequently the punishment of the crimes mentioned in Lev. 20:9, 11, 12, 13, 16, is the same: death by stoning.
- Wilhelm Bacher and Lewis N. Dembitz, Capital Punishment,  Jewish Encyclopedia (1901), at http://www.jewishencyclopedia.com/view.jsp?artid=128&letter=C.
The prosecuting witnesses are the only legal executioners known to Biblical law (Deut. 17:7).
- Wilhelm Bacher and Lewis N. Dembitz, Capital Punishment,  Jewish Encyclopedia (1901), at http://www.jewishencyclopedia.com/view.jsp?artid=128&letter=C.
"Thou shalt love thy neighbor as thyself" (Lev. 19:18) applies even to criminals, so that the suffering accompanying execution must be relieved in every possible way.  The time between sentencing and execution must be minimized, and mutilation of the body must be minimized as much as possible.
- Wilhelm Bacher and Lewis N. Dembitz, Capital Punishment,  Jewish Encyclopedia (1901), at http://www.jewishencyclopedia.com/view.jsp?artid=128&letter=C.

8.29.2008

The death penalty is executed by the congregation: Num. 15:35, 36; Deut. 13:9.
- Rousas John Rushdoony, The Institutes of Biblical Law 76-77 (1973).
The death penalty is executed by the witnesses: Deut. 13:9; 17:7.
- Rousas John Rushdoony, The Institutes of Biblical Law 76-77 (1973).

8.28.2008

Public stoning points toward God’s ultimate sanction at judgment day, images the promised judgment against Satan of crushing his head (Gen. 3:15), allows the criminal his right to have final word to his witnesses and executioners, and allows the surviving victims to see God’s justice done in public. In contrast, the private, impersonal executions by the modern state corrupts the penal system. The Bible does not allow a community to delegate its covenantal responsibility to a professional, taxpayer-financed guild of faceless executioners, who inevitably grow callous and impersonal toward their awful (full of awe) task, or else grow sadistic.
- Gary North, Tools of Dominion: The Case Laws of Exodus 44-45 (1990), at www.garynorth/freebooks.com: HTML, DjVu.
The pile of stones on someone executed by stoning testified to the reality of covenant sanctions, a monument to God’s judgment of cursing in history, just as the stones from the River Jordan were made into a memorial of God’s judgment of the deliverance of Israel (Josh. 4:7-8).
- Gary North, Tools of Dominion: The Case Laws of Exodus 44 (1990), at www.garynorth/freebooks.com: HTML, DjVu.