Just Mercy

A fair and functioning judicial system reflects how we value human life. Justice reigns when clear standards of jurisprudence balance individual rights with protection for society. Yet, sometimes, justice must bend with changes in civilized society. Where can we learn this? Check out the laws regarding a goring ox in Torah.

“When an ox gores a man or a woman to death, the ox shall be stoned and its flesh shall not be eaten, but the owner of the ox is not to be punished.” Exodus 21:28.  An ox, which has killed a person, might do so again. For safety reasons the animal is put to death but its human owner is absolved.

“If, however, that ox has been in the habit of goring, and its owner, though warned, has failed to guard it, and it kills a man or a woman—the ox shall be stoned and its owner, too, shall be put to death.” Exodus 21:29. The owner is responsible because they knew or should have known the ox was deadly. Here the owner’s punishment is death!

We see from this example that personal responsibility and promoting the protection of the people are two hallmarks of a working system of justice. However, the implementation of these standards is not so clear. In fact, this death sentence was not likely formally instituted at any time in recorded history. The ancient Israelites were not necessarily inclined to stone their neighbor to death. The Talmud, reflecting Rabbinic times, reports an opinion (Makkot 7a) that a court that sentenced someone to death more than once in 70 years was a bloody court.

The juridical principals have held firm. The offense of reckless negligence remains. However, the punishment mandated by Torah is an anomaly in any civilization that supremely values human life. An eye for an eye? Not so much.

When, if ever, is the death penalty a proper punishment? The question is posed at a time when our citizenry is debating the value of human life; whether an embryo is a living being, the use of targeted drone strikes when people are collateral damage, instituting restrictions on gun ownership that might save lives, etc.

Torah also demands that we choose life. We cherish life. We even say L’chayim when we toast. Therefore, capital punishment is unreasonable (if not barbaric) as a standard whether against the owner of a goring ox or any criminal.

The recently released movie “Just Mercy” exposes the inhumanity of the death sentence. Its hero, Bryan Stevenson, demonstrates that putting people to death damages the entirety of our society. Yet, the practice continues.

In 1976 the US Supreme Court reinstated the death penalty. Since then 1,512 people have been executed and 166 death row exonerations (as of December 2019). 22 people were executed in the United States in 2019 alone, with an additional 34 death sentences imposed. Capital punishment is legal in 29 US states. There are 2,656 people on death row in the United States as of July 1, 2019, according to the NAACP. Oklahoma after botching two lethal injections announced a resumption of the protocol. Since 1973, more than 165 people have been released from death row with evidence of their innocence. These aren’t merely statistics; they are human lives no matter how culpable or depraved.

Recalling the words of Martin Luther King, Jr., the arc of a moral universe bends toward justice.  My Jewish moral compass tells me that we should advocate against capital punishment. If we truly value human life, we should never take life as punishment, whether the owner of a goring ox or otherwise. 

Rabbi Evan J. Krame