The Death Penalty and Religion

The capital punishment has been a topic of interest for decades and religion has played a very important role in determining whether death penalty should be abolished or not. The death penalty was originally intended as an affirmation of the moral order and a way to set an example for the public of which behavior was outlawed and which was acceptable. However, recent years have changed the narrative surrounding the penalty, and many countries have taken steps to outlaw it while others are still using it (Hood & Hoyle, 2009). The latter group usually justify the death penalty with religious ordinances and laws. The essay aims to trace the development of the death penalty and understand the link between it and religion, essentially establishing that religion is consequential in determining the existence of the death penalty. That link does not just exist between laws and religion, but also juries and the decision making in criminal trials: those with religious tendencies are much more likely to support the death penalty in juries.

Death Penalty

            The abolition of the death penalty was very rare from 1863 to 1962, and only eight states abolished during those years, along with an ordinary arbitration (Mathias, 2013). By 1975, six more countries had abolished it and an additional 15 by 1986 (Mathias, 2013). Between 1987 and 1991, awareness of the harms of the death penalty spread rapidly and 18 countries completely abolished the crime (Mathias, 2013). The 1990s again saw a general trend for abolishing the penalty, and that has only risen since (Mathias, 2013).

            Currently, over half of the countries in the world have abolished the death penalty, either by directly abolishing the penalty or by not ordering executions despite the existence of the penalty in law (Alarid & Wang, 2001). It was also reported that public support for the death penalty had dropped drastically and is dropping even more in recent years (Alarid & Wang, 2001). In situations where respondents were given other options, they were even less likely to go for the option of the death penalty (Alarid & Wang, 2001). Imprisonment for life is a popular alternative choice in that regard (Alarid & Wang, 2001).

            Western Europe, Australia, and New Zealand along with South African countries are known to be more vocally opposed to the death penalty, where the US until very recently was under the group of countries criticized for its use of the punishments (Alarid & Wang, 2001). Countries in North and South America along with Eastern Europe are generally supportive of the penalty, whereas countries like China, Japan, and Taiwan actively use the penalty as part of their legal instrument even today (Alarid & Wang, 2001).

International

Opinion

            In recent years, non-governmental organizations have been very vocal in creating an opposition to the death penalty and make that opposition an integral part of human rights (Mathias, 2013). Amnesty International is an example of such an NGO and establishes the death penalty as a violation of human rights and murder ordained by the state (Mathias, 2013). Amnesty International also established that the death penalty is a violation of the Universal Declaration of Human Rights (Mathias, 2013).

            These opinions are an extension of the disregard for the death penalty that has existed since the latter part of the 20th century. As the attitudes towards the sanctity of human life changed, so did the opinions about state-ordained murder based on state-ordained rules and regulations. Additionally, it became a jarring reality that the death penalty was not used as efficiently as the name suggests, but that a very naturally subjective judge, jury and legal team decided the fate of everyone killed by it. That created an awareness for the potential victims of the penalty, and along with the explosion of attention towards human rights in the late 20th century in general, that sparked a worldwide abolition trend.

            That trend also brought up the fact that in many cases, the instrument of the death penalty itself and the decisions made in regards to it was often influenced by subtle and subjective factors such as religion and personal beliefs, especially those revolving around life and death.

Religion and Death Penalty

            Religion plays a huge part in the death penalty because of its capacity to interpret the moral sphere and how life and death are linked to religion as well. In some instances, the link to religion in the penal code is intentional, and in others, it is not, but the influence is still clearly there.

            One study investigated the personal characteristics of people who prefer the death penalty versus those that do not agree with it, and it revealed that people with belief in God, in literal interpretation of the Bible and with a position in their specific religious groups had very different perceptions from those that did not have those have these things (Miller & Hayward, 2008). These relationships existed even after jurors were qualified, and in addition to the aforementioned factors, fundamentalism also affected the perception of the death penalty and the comfort with invoking it (Miller & Hayward, 2008).

            Another study revealed that there is a link between religious belief and people that are in favor of the death penalty, in that male Protestants were the most comfortable with the penalty and others felt that they were not in the position to decide for or against someone else’s life (Mathias, 2013). Yet another study concluded that there is a link between the institutionalization of human rights in a country with the predominant religion (Alarid & Wang, 2001). More specifically, Catholic nation-states are likely to abolish the death penalty, and Muslim states are the least likely to abolish it (Mulligan, 2006).

Islam

            Muslim states are likely to place emphasis on the ’community of believers’ which is the predominant form of social organization and establishes the needs of the community much more over the need of the individual (Mathias, 2013). That means that any individual rights of a member of the community are not valued as much as the well-being of the community. That essentially creates a tendency towards the death penalty as anyone that harms the community is likely to be forsaken to set an example for the rest of the community and to remove any harm whatsoever that could accrue from that person to everyone around them.

            In addition, Sharia law is explicitly in favor of the death penalty, and it is currently in active use as a legal punishment for a number of crimes in Islamic nations (Mathias, 2013). That is not to say that all Islamic nations are by extension supporters of the death penalty or that all Islamic nations that do use the death penalty apply it in the exact same way (Mathias, 2013). Regardless, Islamic law in and of itself does not say anything against the death penalty and is, in fact, supportive of the idea that those that bring harm to the community should be removed from it for the good of the whole community.

Christianity

            Over the years, Catholicism has had a varied relationship with the death penalty, but the Vatican did abolish the penalty in 1969, which is not necessarily supportive of church belief (Mathias, 2013). Regardless, that abolition was extremely politically motivating given the fact of where it came from, and thus it served as a reason for other Catholic nations to also abolish the penalty (Religions - Christianity: Capital punishment, 2009). The decision from the Church also corroborated its stance on abortion, which is that it is not allowed because of the fact that it destroys the sanctity of life. The same principle was then applied to the death penalty, and it was outlawed (Bjarnason & Welch, 2004).

            Protestant states are more likely to be an individualist, according to Weber. That means that the states will follow a system wherein the individual is protected and supported more than any other model of religious belief in the world. Research accordingly shows that same-sex marriage and inculcate rape law reform are Protestant states as well (Religious Views - Death Penalty, n.d.). That establishes that extending that perception to the death penalty means that Protestant countries are most likely to abolish the death penalty of all other religious faiths because of the fact that doing so is what is most advantageous for the individual.

Buddhism

            Buddhist doctrines are generally based around non-violence and compassion for all life, and that is one of the cruxes of the faith as well. According to the teachings of the religion, individuals are required to refrain from killing or injuring others, which creates a social precedent for what people should or should not do in case they find themselves on a jury (Religious Views - Death Penalty, n.d.). However, Buddhist monks are required to stay out of politics and restrict their political involvement as much as possible, which means that the instructions set by Buddhists for their population are not necessarily translated into law and legislation. That is one of the rarer situations, as usually the fundamental religion in any country also legislates for the population.

            Despite the decrees in Buddhism, there is obviously a history of not just involvement in laws and politics by Buddhist monks but also in support for violence and retribution in South East Asian countries that are under Buddhist influence (Religious Views - Death Penalty, n.d.). It is also important to remember that some South Asian countries were practicing the death penalty much earlier than the inception of Buddhism in India in 400 to 500 BC and that cultural and historical factors have just as much of an influence on legislation.

Hinduism

            Hinduism is conflicted on the issue of the death penalty, and in many cases gives the ruler of the time the discretion to make the decision about whether it should be invoked or not (Religious Views - Death Penalty, n.d.). During the times of the subcontinent, the Maharajas did not usually invoke the penalty at all because they believed their job had more to do with mercy and informing people. In addition, there are many instances of the saints even addressing criminals directly to reform them and would change them so as to get them pardoned from the death penalty. In some instances, those people are reported even to have become saints themselves due to the influence of the attempts at reform.

Judaism

            The Old Testament of Judaism has an extensive list of 36 capital crimes that are totally outlaws in the eyes of the Jewish population, which creates the perception that the religion as a whole is totally in support of the death penalty. However, that is not entirely true, especially when contextualized with the history of the application by Jewish courts and countries where Judaism is the predominant religion. When Jewish law was both the secular and religious law, courts rarely applied the penalty and usually would give serious criminals an alternative punishment (Religious Views - Death Penalty, n.d.). Additionally, the state of Israel abolished the death penalty in 1954 for any and every crime that a person could be tried over. That solely had the exception of those who committed Nazi war crimes, and only one person was executed in Israel, and that was Adolf Eichman, a Nazi war criminal who had a huge part to play in the Holocaust.

            That understanding of Jewish law and regulations is understood not through the Torah by itself but also the Talmud which is an elaborate explanation of the laws that Judaism defines for its followers. The rabbis that created that interpretive text did not explicitly outlaw the death penalty but set up a number of barricades that make it very difficult for any crime to reach that level of seriousness (Erasmus, 2015). That meant that in practicality, it would be very difficult for anyone to be punished by death over any crime under Jewish law.

Fundamentalism

            Fundamentalism is a belief in free will and personal responsibility, as well as in the staunch application of religion laws. It is generally inculcated into people due to their socialization, which makes it doubly important to regard in any calculation of the link between religion and the death penalty, but also doubly hard to rise up and out of. In comparison to fundamentalism, religious behaviors are more personally dictated and therefore changeable, and also more noticeable from the devotional component of the daily routine (Young, 1992). A way to spot fundamentalism is an intense dedication to fulfilling the requirements of the religion above and beyond what is required and those that are staunch defenders of the tenets of their faith.

            A study concluded that there are some religious characteristics that specifically relate to the death penalty, which means that there are some characteristics that transcend a particular religious belief and derive purely from a strong faith alone. The study said that fundamentalism is one of the main factors in that situation (Miller & Hayward, 2008). Apart from that, the study also specified that literal translators of religious text and those with the belief in God’s aim for retribution and extermination of harmful societal elements are also more likely to favor the death penalty (Miller & Hayward 2008). Apart from these religious factors, gender and doubt about the law also have a very significant impact.

The study, therefore, showcases that fundamentalism is defining not just for personal decisions, but also for decisions that a person makes that can affect others. That is contextualized when one thinks of a fundamentalist person being part of a jury or being part of any law-making instrument in the state. Due to their literal and staunch dedication to the application of religious tenets, these people are much less likely to forego criminals for any concern over human rights. It is also relevant to note here that while almost all other denominations of the population are likely to have some kind of doubt about the application of the death penalty, that group is the most likely to be staunchly in favor of it if they think that is what their religion decrees (Religion and the Death Penalty, 2018). Having established all of that, it is not surprising that fundamentalists support the death penalty, believing that those that have done something from their free will should be held responsible for their actions.

Conclusion

            Religion has an undeniable impact on state laws and on the mindsets of its population. One of the most internationally and historically contested laws is the death penalty, which is proven to be derived from and subjected to intense religious and spiritual belief. Those agreeing with it do so because of a faith in the community over the individual and those disagreeing with it do so because of the sanctity of human life which they do not feel the state has any control or legislation over. Regardless of the opinions on the matter, that essay has conclusively shown the relationship between all major religions that are influencing and shaping laws today and the death penalty, additionally deriving a relationship between fundamentalism and the death penalty as well.

References

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