April 6, 2018 at 1:53 p.m.
PERSPECTIVE
God's justice, God's mercy, Tsarnaev's death sentence
Consider the story of Cain and Abel. Cain is resentful of his brother. After premeditation, Cain invites Abel into the fields, where he murders him. Guilty Cain compounds the act with lies to escape being held responsible. Cain is punished by becoming a restless wanderer on the face of the earth.
Yet, there is a curious detail: Cain, realizing that anyone may kill him on sight, complains to God -- who places a mark on Cain so that, "if anyone kills Cain, Cain shall be avenged sevenfold" (Gen 4:1-16). God punishes yet protects the guilty Cain.
Five generations later in Cain's family, a second murder is recorded - this one, by Lamech. The commentary? "If Cain is avenged sevenfold, then Lamech seventy-seven-fold" (Gen 4:23-24). Does God's protection widen through the generations?
Adam and Eve's disobedience separates them from God, each other and creation - yet God makes clothes for them and settles them east of Eden, the same land in which Cain will settle. The east has always been considered the place where God dwells. Are we to conclude that, in their sin and guilt, God draws Cain, Lamech, Adam and Eve and all of humanity closer to Himself?
What truth do these stories convey? What of justice and mercy -- for all are guilty?
There are consequences for our sins. One consequence is separation. Remember your last argument, lie, act of dishonesty or blaming someone to escape being held responsible: In all these situations, what is needed is not punishment, but restoration of what's been separated.
These all-too-human situations call for a mercy which gives birth to God's justice. What often passes as human justice is simply another name for revenge -- an insatiable dragon that devours the lives of all the people involved.
Consider other stories: For the woman caught in the act of committing adultery, more obviously is going on than a mere sexual indiscretion. After meting out a justice rooted in mercy which saves her life ("Let the person among you who is without sin be the first to throw a stone at here," John 8:7), Jesus sends her home to reflect and restores her to her family.
Consider Peter's three lies. Imagine the feeling in the pit of Peter's stomach when he first encounters Jesus after the resurrection. That would seem punishment enough. Yet separation is restored by a threefold declaration of love.
Have you ever considered what the end result would have been for Judas had he not committed suicide? Did Jesus not love him as deeply as Peter? What did Jesus see in Judas that Judas did not see in himself? Suicide prevented any possibility of a restoration in the relationship between him, Jesus and the disciples.
Finally, consider the guilty thief crucified alongside Jesus. A simple, "Remember me..." (Luke 23:42) was the path to restoration of the breach within this man.
John's Gospel portrays Mary at the foot of the cross. Was she standing there alone, or with the two other mothers? Was their pain and grief less because their sons were guilty? How would you feel if it was your child?
On May 15, a federal jury sentenced Dzhokhar Tsarnaev to death for his participation in the 2013 Boston Marathon bombing. The bombing killed eight-year-old Martin Richard and left his sister, Jane, without a leg. Also killed was 23-year-old Lingzi Lu, a Boston University graduate student from China, and Krystle Marie Campbell, a 29-year-old from Arlington. Another 260 people were injured.
Videos show Tsarnaev standing behind the Richard family moments before the bomb went off. He knew children would be involved. He and his brother, Tamerlan, killed an MIT policeman, carjacked an SUV, and initiated an exchange of gunfire during which Tamerlan was killed.
The act was premeditated. The defendant admitted to a role in the bombings. Little to no remorse has been shown, though Sister Helen Prejean, who met with Tsarnaev, testified she believed he was sincere in his regret. The jury sentenced Tsarnaev to death.
Is the death penalty justice? Yes, if your concept of justice is "an eye for an eye and a tooth for a tooth" (Ex 21:24), a life for a life. Is that your concept of justice as a Christian?
What is the purpose of legitimate punishment? The Catechism of the Catholic Church teaches that "punishment has the primary aim of redressing the disorder introduced by the offense. When it is willingly accepted by the guilty party, it assumes the value of expiation.
Punishment, then, in addition to defending public order and protecting people's safety, has a medicinal purpose: as far as possible, it must contribute to the correction of the guilty party."
Like Judas' suicide, the death penalty precludes any possibility of reflection, repentance and restoration that a life sentence without the possibility of parole would offer.
Are there acts that place a person beyond redemption? Our ancient stories and the Gospels show us a God who desires not retaliation, but healing. Do the biblical stories inform your understanding of the sacredness of all human life, of justice and mercy? If not, why not?
The Christian community is not the state, but the Christian community has the responsibility of voicing its values in the public square in regard to the sanctity of all human life -- even the life of a person who has acted intentionally and aggressively against another person or society.
Though the traditional teaching of the Church does not exclude recourse to the death penalty by legitimate authority, our reflections have moved beyond that position. The catechism teaches that, today the cases in which the execution of the offender is an absolute necessity "are very rare, if not practically nonexistent."
Like Simon of Cyrene, Veronica and the women of Jerusalem, are we not to walk with the condemned toward redemption and healing? Like John, are we not to be present, as he was to Mary, to those whose lives have been irrevocably changed because of violence?
The virtues of justice and mercy at not at odds with each other. They are braided together so that all may experience healing.
(Father Mickiewicz is pastor of St. Mary's parish in Oneonta.)[[In-content Ad]]
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