Well, as Sister Jenny and I are both in Alabama.......let me say that, Yes the Judge can impose the Death Penalty, but there are certain Judicial Standards that must be in play and met prior to their doing so. And, to date, if memory does not fail me, no decision by a Judge to impose the Death Penalty has been overturned on appeal.
I would also like to point out that to date, there isn't a single instance where a prisoner was put to death only later for it to be revealed that they were innocent. NOW, there have been several instances where last minute Stays of Execution signed by the Governor have actually given the Defense Team an opportunity to present new evidence which proved a persons innocence, and that person was saved from execution, and eventually released from prison.
The Death Penalty as part of a States or Nations Judicial Punishment Program is certainly not without debate, and certainly not without controversy. There are many ways to approach this debate/discussion.
1) Constitutionally, it must meet the standard of NOT BEING "cruel" AND "unusual." Meaning the process in which a prisoner is put to death must not inflict grievous pain and suffering AND not be a process new and untested. The majority of States, and the Federal Government meet this standard through Lethal Injections. However, as in a recent case, these CAN and sometimes DO fail, opening the door to debating them from a Constitutional stand point. In my opinion, the Electric Chair is not an acceptable form, as I believe it is certainly "cruel" but not considered "unusual," thus I believe some States still use this method. There are actually many types of gasses that would cause death without pain and suffering, but they fail the standard of "unusual" because they are not used. If the majority of States were to use such gasses, then that standard could be satisfied, and the pain and suffering would be removed from the act as well.
2) Biblically, the Death Penalty does not go against Scripture in my opinion. In the New Testament alone there is a specific instance where a man and his wife were "put to death" for lying to God, and the Holy Spirit Himself was the Executioner. As well, there is the instance where the Apostle Paul said "such a one as this" should be put to death......."destroy the flesh to save the spirit." Now, we don't know for sure that this person was put to death, but Paul certainly upholds the idea that the Death Penalty is Biblical.
3) Politically, well. we all know the Political debates around this issue, and I don't really want to dive into that quagmire too deep. Even the "shallow end" of that pool leaves one feeling the need for a very hot and long shower! My only comment is that I am convinced that due to Political ideologies and pressure, the Death Penalty AS A PUNISHMENT, has been so corrupted as to be no longer effective as a DETERANT in our Judicial System. Endless Appeals, and Stays, and loopholes that must be closed before an execution can be carried out have made this form of punishment more of a circus than an effective form of Judicial punishment. This is my opinion only!
4) Morally, While I support the Death Penalty as being ONE OPTION available to our Judicial System, I must HONESTLY state that I do NOT KNOW if I could vote "Yea" in a specific case were I a member of the Jury. This is based on my personal emotions and conscious and NOT if the punishment is Legal, Biblical, or Constitutional. There are crimes that are so very heinous, that little else but Death seems to serve as Justice for both the "victim(s)," "families," and the "public" as a whole. And it's this reason I support the Death Penalty.
Anyway, these are my thoughts, and while they won't sway the issue either way, I offer them as FYI fully knowing that my thoughts alone will not end the debate/discussion.
