THE WORLD, THE WORD & YOU! RADIO BROADCAST
Dennis L. Finnan, Commentator

THE ORIGIN OF THE DEATH PENALTY

On MArch 1, 2005 , I BELIEVE THAT American law reached its lowest point of JUDICIAL reasoning. Our Supreme Court’s justices ruled with a 5/4 majority that the death penalty IS a cruel and inhumane punishment.”

 I’m Dennis Finnan, host and speaker on the World, the Word & You! Broadcast and in a moment we’ll talk about law and justice and what you can expect to see and experience yourself in the days ahead…

…On March 1, 2005, our U.S. Supreme Court passed a milestone ruling that changes the laws of our nation that have stood for centuries concerning justice. In an historic decision, the Supreme Court ruled that the death penalty was unconstitutional, for anyone under the age of 18. What’s so astounding about this decision was it was not made based on any thoughts from our U.S. Constitution, but simply on the whims and opinions of five justices, who supposedly polled U.S. and world opinion. Douglas W. Kmiec, a professor of constitutional law at Pepperdine University , commented on this recently and said,

“The problem with the U.S. Supreme Court's decision last week banning the execution of minors is that it was based, when you get right down to it, only on the personal beliefs of five justices and buttressed by the opinions of people who live in other countries. That's no way for the court to decide. Supreme Court rulings must be based on the Constitution, not on what the justices believe or on the vagaries of ‘world opinion.’”

However even more important that what our U.S. Constitution says, our nation’s laws were in its inception founded on the higher laws of God who gave us the power to legislate and adjudicate what’s right for life and living in these United States. Well, after another moment of music, I’d like to give you a short but concise refresher course as to why America has for centuries, capital punishment, and what God’s Word has to say about it for the 21st century people. Stay tuned…

… Just recently, our U.S. Supreme Court ended the Juvenile Death Penalty for capital crimes committed by anyone under the age of 18. The reasoning was not based on constitutional law, rather on the personal opinions and views of those who believe anyone under this age is incapable or making moral judgments. Therefore even crimes of brutal, ghastly murder are to be passed over as insignificant and unworthy of retribution. At this point in time, the nation is divided, as is the Christian community as to the question – “is Capital punishment cruel and inhuman treatment of our fellow man?”

  THE ACLU at its website speaks to this issue of defending the U.S. Supreme Court’s recent decision by saying,

“As a society, we recognize that children, those under 18 years old, can not and do not function as adults… New scientific information demonstrates that they can not fairly be held accountable to the same extent as adults. Studies by the Harvard Medical School, the National Institute of Mental Health and the UCLA’s Department of Neuroscience finds that the frontal and pre-frontal lobes of the brain, which regulate impulse control and judgment, are not fully developed in adolescents. Development is not completed until somewhere between 18 and 22 years of age…”

This is nothing short of what we call today – “gobbledygook!” By taking this reasoning, one must follow up and say, children up to age 18 can commit any crimes they please and not be held accountable for the seriousness of them. Rather, just incarcerate them to age 18 and release them freely in society with no record of their crimes. Now the point of all this is not what public opinion says, nor worse what international public opinion says, as these five justices based their decision on, but rather what is the right thing to do, and what does the higher law of God say about it? Let me share with you where America and its founding fathers, based the right of the death penalty to be just punishment for capital crimes for anyone of any age who commits them.

To date, 38 states still have the death penalty in their laws, and 18 of them for murder before age 18.

To find out what God has to say about the death penalty for capital crimes, one goes to the Bible, and discovers that God himself is the originator of the death penalty for crimes. Right at the beginning of humanity, we read in the Bible that God warned his very first creation, Adam and Eve, that if they disobeyed God’s laws for living in His universe and world, they would suffer death at the hand of God Himself. Listen to the writings of Scripture to this effect,

Gen 2:15-17 (NIV)  The LORD God took the man and put him in the Garden of Eden to work it and take care of it. 16 And the LORD God commanded the man, "You are free to eat from any tree in the garden; 17 but you must not eat from the tree of the knowledge of good and evil, for when you eat of it you will surely die."

God warned Adam and Eve that God had laws for life and living, which included penalties for disobeying them. The Bible tells us and life itself painfully display this death penalty, for the fact is  -- we all die! No human being alive can live forever in his or her present state. This is the death penalty God passed upon all mankind when Adam and Eve sinned. Later on this penalty for sin was reiterated,

Ezek 18:20 (NIV)  The soul who sins is the one who will die.

 Rom 3:23 (NIV)  “for all have sinned and fall short of the glory of God,”

Rom 6:23 (NIV)  “For the wages of sin is death…”

Right here at the beginning of life, before another human being came forth from this couple, God instituted the death penalty to the human race for disobeying Him.

Later on we find that when mankind walked away from God and continued down this deadly path, reaching a point of human depravity and awful crimes, God warned us again, that He would enact the death penalty.

Gen 6:5-7 (NIV)  The LORD saw how great man's wickedness on the earth had become, and that every inclination of the thoughts of his heart was only evil all the time. 6 The LORD was grieved that he had made man on the earth, and his heart was filled with pain. 7 So the LORD said, "I will wipe mankind, whom I have created, from the face of the earth--men and animals, and creatures that move along the ground, and birds of the air--for I am grieved that I have made them."

Even today, history and geology itself show the scars of our world that once was cataclysmically destroyed and all life, save eight human souls survived. Indeed, the Creator God meant business and carried out the death penalty upon perhaps 8-10 billion human beings that died in Noah’s Flood. Then when Noah left the ark and was ushered by God into a brand new world, God laid down again, the laws for life and living and the punishments for capital crimes,

Gen 9:1-6 (NIV)  “Then God blessed Noah and his sons, saying to them, "Be fruitful and increase in number and fill the earth… 3 Everything that lives and moves will be food for you. Just as I gave you the green plants, I now give you everything… 5 And for your lifeblood I will surely demand an accounting. I will demand an accounting from every animal. And from each man, too, I will demand an accounting for the life of his fellow man. 6 "Whoever sheds the blood of man, by man shall his blood be shed; for in the image of God has God made man.”

Without a doubt although God instituted the right to kill animals for food and clothing, if any human life was taken by man or beast, God demanded the death penalty for that creature. This law of life was to exist until God changed it, and there is absolutely no evidence God has ever rescinded Capital punishment for the human race, because the reason for it still stands.

Now when Abraham came on the scene, God sovereignly chose him to begin a new family of humanity that would be blessed by God and through them, God would bless the whole world by sending forth the Savior of the world, Jesus Christ. Yet, when God grew the children of Abraham to a sizable nation, He then instituted clear laws and instructions concerning life, living and penalties for disobedience, including the death penalty. In fact, if one examines the laws of Moses they will find that God instituted twenty offenses considered worthy of God’s death penalty. They are:

  1. Murder (Ex. 21:12 )

  2. Contemptuous act against a judge (Deu. 17:12 )

  3. Causing a miscarriage of human life (Ex. 21:22 -25)

  4. False testimony on a potentially capital crime (Deu. 19:16 -19)

  5. Negligence by the owner of an animal that kills people (Ex. 21:29 )

  6. Idolatry (Ex. 22:20 )

  7. Blasphemy (Lev. 24:15-16)

  8. Witchcraft or sorcery (Ex. 22:18 )

  9. False prophecy (Deu. 18:20

  10. Apostasy (Lev. 20:2)

  11. Breaking the Sabbath (Ex. 31:14)

  12. Homosexuality (Lev. 20:13 )

  13. Bestiality (Lev. 20:15 -16)

  14. Adultery (Lev. 20:10 )

  15. Rape (Deu. 22:25 )

  16. Cursing parents (Deu. 5:16 )

  17. Rebellion by children (Ex. 21:15 ,17)

  18. Kidnapping (Exo. 21:16 )

  19. Drunkenness by a priest (Lev. 10:8-9)

  20. Unauthorized individuals touching the holy furnishings in the temple (Num 4:15 )

  As one examines such a list from the Old Testament, you’ll find that the first five involve capital crimes actually or potentially committed. The remaining 16 are for non-capital crimes which God deemed worthy of the death penalty. Now the defense of these Old Testament uses of capital punishment boils down to the question of whether the Old Testament law is still binding today. The answer is “yes” for those offenses that do not apply to living under a theocratic society such as Israel did. To sum this up, we find there are five valid arguments that impose the death penalty of God upon societies today, regardless of what government is in power. These are:

  1. GOD’S LAW ALWAYS REFLECTS HIS UNCHANGING CHARACTER

    The moral law of God is a direct reflection of the moral character of God. We are told by God, “Be holy for I am holy.” (Lev. 11:44). God is also just therefore he requires justice of us (Ezek. 18:5). Since God’s character never changes, since He is perfect, neither do His laws change that reflect this. The holiness of God demands death for anyone callously taking human life.

  2. THE NEW TESTAMENT REPEATS THE TEN COMMANDMENTS
    Paul the apostle writes of many of them in Romans 13:9, and others appeal elsewhere. The only one of the ten not repeated is the fourth commandant -- to keep the Sabbath -- as this was part of the ceremonial laws of Israel . Now if Old Testament law is not in effect today, why is it repeated in the New Testament? Of course, it goes without says only what is repeated is valid for today.

  3. WE MUST REMEMBER THE OLD TESTMENT WAS THE BIBLE OF THE EARLY CHURCH
     There was no New Testament for decades, and the church operated under the Old Testament laws that were applicable to them. God’s laws do not change, for certain ages of mankind. We find authority for exercising them in he New Testament.

  4. JESUS CHRIST SAID HE DID NOT COME TO ABOLISH ALL LAW
    We read Christ’s words in, Mat 5:17 (NIV)  "Do not think that I have come to abolish the Law or the Prophets; I have not come to abolish them but to fulfill them.” This then means that biblically we are bound by all the laws of the Bible that pertain to life and living in the New Testament era of time; and, continue till God brings and end to the age of the church. Lastly, as to why Old Testament law from Adam and Eve is still God’s law for us today we find that,

  5. CAPITAL PUNISHMENT IS CLEARLY REITERATED IN THE NEW TESTAMENT

    In the following verses we find God has kept for all living in the New Testament age, the death penalty for capital crimes committed again man and God.
    John 19:11 (NIV)  Jesus answered, "You would have no power over me if it were not given to you from above…"

    Acts 25:11 (NIV)  If, however, I am guilty of doing anything deserving death, I do not refuse to die…”

    Rom 13:4 (NIV)  For he [government] is God's servant to do you good. But if you do wrong, be afraid, for he does not bear the sword [power of death] for nothing. He is God's servant, an agent of wrath to bring [capital] punishment on the wrongdoer.


God has given to all human government the power to rule man and society on behalf of God. This is how our American government was struck and to be operated. God and His Word (Law) is the highest law under which we have the right to authority over others. When an individual commits a capital crime such as taking a human life other than in self-defense or legitimate war to stop aggression and evil, we break God’s law and are guilty of a crime worthy of death. Why death? First of all because God says so, but secondly to take human life anyone is in effect striking a sword against God Himself, for all human life is created in His image. Human life is sacred from the moment of conception to the natural moments of death in old age.

Moreover, when one commits a capital crime of indiscriminately taking human life, they are worthy of death as retribution from God. According to the Bible, lawful punishments are not for rehabilitation -- that is a godless humanistic idea having no merit, for it simply doesn’t work. Crimes are committed by man acting out his out-of-control sin nature he is born with. It is only by the fear of the law and other penalties that any of us are restrained from stealing, lying, adultery and fornication, dishonesty, harm or injury to others. Inasmuch, the death penalty for severe capital crimes is also an act of protection of innocent people from repeated violent crimes. Yes, capital punishment does deter crime and prevent repeat offenses. How do we know that? God says so (Deu. 17:12 ; Ecc. 8:11 ).

John McAdams of Marquette University ’s Department of Political Science, rightly deduced,

"If we execute murderers and there is in fact no deterrent effect, we have killed a bunch of murderers. If we fail to execute murderers, and doing so would in fact have deterred other murders, we have allowed the killing of a bunch of innocent victims. I would much rather risk the former. This, to me, is not a tough call."

Although that is good secular reasoning, it is not the reason why the death penalty for anyone who commits the high crime of murder, should be executed. Simply put God demands it, and more promises He will again carry out the death penalty to nations that defy His laws and do not represent Him in this matter. The Bible says,

Psa 9:17 (NIV)  The wicked return to the grave, all the nations that forget God.

Note the fact that God warns any nation that begins to defy His laws for life and living, and refuses to act on His behalf as a fully constituted government for people will be destroyed. Look back over history and you will find no nation survived that operated contrary to God’s law -- none whatsoever!!

Oh yes, God is long suffering and does not strike immediately, but God’s patience does end. American if it continues to defy God’s laws, we will suffer the death penalty as a nation. What’s more God still warns all mankind, that to live without God as the ruler of your personal life, and failure to obey His laws for this, will bring God’s final death penalty to all on the last day of Judgment. Hear God’s Word to you today as John the apostle peering into the future sees,

Rev 20:11-15 (NIV)  Then I saw a great white throne and him who was seated on it. Earth and sky fled from his presence, and there was no place for them. 12 And I saw the dead, great and small, standing before the throne, and books were opened. Another book was opened, which is the book of life. The dead were judged according to what they had done as recorded in the books. 13 The sea gave up the dead that were in it, and death and Hades gave up the dead that were in them, and each person was judged according to what he had done. 14 Then death and Hades were thrown into the lake of fire. The lake of fire is the second death. 15 If anyone's name was not found written in the book of life, he was thrown into the lake of fire.

Jesus also said this too in,

John 8:24 (NIV)  I told you that you would die in your sins; if you do not believe that I am the one I claim to be, you will indeed die in your sins."

Is the death penalty legitimate today for capital crimes? The answer is yes, and regardless of whether a child or adult carries it out by premeditated action, if they take human life, God says their lives must be forfeited for it. In fact in the Old Testament we find God does hold juveniles accountable for sins that required the death penalty, thus disproving any psychological nonsense of them being unaccountable,

Deu 21:18-21 (NIV)  “If a man has a stubborn and rebellious son who does not obey his father and mother and will not listen to them when they discipline him, 19 his father and mother shall take hold of him and bring him to the elders at the gate of his town… 21 Then all the men of his town shall stone him to death. You must purge the evil from among you. All Israel will hear of it and be afraid.”

Now this principle of a life for a life is of course is the greatest story of the Bible.

You and I are guilty of the highest crime against God. You have broken God’s law for life and living here and God has only one penalty, which is death. Yet God has devised a way to save your life and yet carry out His divine justice. He chose to die in your place, freeing you and me so we do not have to suffer the final death penalty. This is the story of Jesus Christ, the infinite God/man who came to earth to die for your sins. Upon dying and rising from the dead, He offers you the full and forever forgiveness of all sin, based on one thing. You must make a commitment by His help to turn the course of your life over to the management and leadership of God Himself through Jesus Christ. All who surrender their hearts and lives will be freed from the death penalty in eternity. How’s that? I can’t think of a better offer. May God so open your heart to respond to His amnesty program now before it is too late. Put your trust alone in Jesus Christ for heaven, eternal life and freedom from your sin penalty and enter the forever family of the church of Jesus Christ . This is safe haven from the din of God’s judgments coming.


·         Radio talk #1405

·         Broadcast date: March 3, 2005

·         Speaker: Dennis L. Finnan, Commentator

·         Program: The World, the Word & You! Radio Broadcast

·         Address: P.O. Box 60033 Grand Junction, CO 81506


The World, the Word & You! Broadcast is a non-denominational ministry based on the historic fundamental evangelical interpretation of the Scriptures. A copy of our doctrinal statement is available upon request. These weekly radio commentaries are not exhaustive studies of any particular subject due to the time limit of broadcasting. Actual broadcasts can be heard in selected areas around the nation, as funding provides. Dennis Finnan has been the speaker for over 24 years, and serves as General Director.

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