Leviticus 24:13 The Holy One of Sinai said to Moses, saying: 14 Take the blasphemer outside the camp; and let all who were within hearing lay their hands on his head, and let the whole congregation stone him. 15 And speak to the people of Israel, saying: Anyone who curses God shall bear the sin. 16 One who blasphemes the Name of the Holy One shall be put to death; the whole congregation shall stone the blasphemer. Aliens as well as citizens, when they blaspheme the Name, shall be put to death. 17 Anyone who kills a human being shall be put to death. 18 Anyone who kills an animal shall make restitution for it, life for life. 19 Anyone who maims another shall suffer the same injury in return: 20 fracture for fracture, eye for eye, tooth for tooth; the injury inflicted is the injury to be suffered. 21 One who kills an animal shall make restitution for it; but one who kills a human being shall be put to death. 22 You shall have one law for the alien and for the citizen: for I am the Eternal One your God. 23 Moses spoke so to the people of Israel; and they took the blasphemer outside the camp, and stoned him to death. The people of Israel did as the Living God had commanded Moses.
There is a part of me that doesn’t wrestle with the death penalty. I know our justice system is not just. I know that we have executed innocent women and men and that is abominable. I know that black and brown and poor defendants are overrepresented on the system because they are targeted, over arrested, over convicted and over executed. And at the same time, some crimes are so heinous that I fully understand the Iron Age theology that says such must not be named among you, take them outside of the camp and stone them. I also know that the death penalty is not a deterrent and the appeals system is broken, flawed and skewed. And yet the case of John David Battaglia gives me pause. He shot his 6 and 9 year old daughters to death, Faith, 9, three times and Liberty, 6, 5 times – while on the phone with their mother saying Merry Fucking Christmas after making Faith ask her mother, “Why do you want Daddy to go to jail?” Their mother also had to listen to her daughter beg “No Daddy, please don’t.” If the death penalty is immoral it is alway immoral, even in this case. But if human beings have sufficient moral agency to adjudicate life and death and can do so justly – a standard which has rarely if ever been met – then there are times when the death penalty is merited. This may be one of them. Whatever his fate, may God have mercy on his soul.