This article from the fine folks at Got Questions is worth the read.
There are three traditional views regarding Capital Punishment (CP). In order to keep this article brief, we will examine the last one: Retribution.
1. Rehabilitate – No CP for any crime
2. Reconstruct – (reconstruction OT laws) CP for all serious crimes
3. Retribution – CP for some capital crimes
In the "retribution" view (#3), CP is legitimate for some crimes, namely capital ones. The primary purpose of CP is to punish. Unlike view 2, this one does not believe that civil governments today are bound by the Mosaic law. While it also protects innocent people from repeated violent crimes or acts as a deterrent, this is not its primary purpose.
Examples of CP in the Bible include:
1. It was given to Noah (Gen 9:5-6).
2. It was given to Moses as a penalty for capital crimes including murder (Ex 21:12), avenging a death, causing a miscarriage (Ex 21:22-23), false testimony in a capital case (Deut 19:16-19), and owning an ox that killed people (Ex 21:29). In each case the person who received CP was responsible for the death of an innocent person or persons.
3. In the NT, it is also given in the context of capital crimes. Government has the sword for capital crimes (Romans 13:4). Jesus acknowledged Rome’s authority over his life (John 19:11) where alleged crime was a capital crime namely, treason (Luke 23:2). Paul’s alleged crime for which he was willing to receive capital punishment if guilty was treason (Acts 25:11; 17:7).
The Biblical Basis for CP:
1. The need for CP is implied in man’s nature
2. Human beings are created in God’s image (Gen 1:27). They both resemble and represent God on earth. Killing them is an attack on the God who made them. It is a rejection of his sovereignty over human life (Deut 32:39). For this capital crime God explicitly declared that he demanded a CP (Gen 9:6).
3. Such a punishment is also implied in the very nature of the crime (as in the case of Cain when he killed Abel).
4. Cain deserved and expected capital punishment. Gen 4:10 “Your brother’s blood cries out to me from the ground.” This cry for blood vengeance is a clear indication that justice demanded a life in return.
5. God gave the power of CP to human government. There was CP before the time of Noah, but it was left to relatives to avenge the murderer (Gen 4:14). By instituting CP in Noah’s time Gen 9:6, God took justice out of the hands of the families of the deceased and placed the sword in the hands of human government. In this way justice could be more objectively exercised by eliminating the personal revenge factor and the emotional anger.
6. CP was incorporated into the Mosaic Law. It was given before. But in Ex 21, what Mosaic law did was to incorporate it and extend it to many other noncapital crimes, including religious and ceremonial ones. These reasons for CP were not intended for other nations but only Israel. God through Moses extended CP to noncapital crimes for Israel, his chosen nation, not to all the nations. CP was already prescribed for capital crimes. Therefore, if CP for capital crimes was not given with the law of Moses, then it did not pass away with the Mosaic law. Mosaic law passed away.
7. CP is reaffirmed in the NT.
CP was given to the whole human race through Noah (Gen 9:6, 9-10). This is not abolished so is still in effect.
CP was given to Israel through Moses for noncapital crimes (Deut 4:9, Ps 147:19-20). This has been abolished.
The sword that was divinely given to human government for CP (Gen 9:6) is explicitly reaffirmed in the NT (Romans 13: 4, John 19:11, Acts 25:11)
Summary
1. CP for capital crimes is stated before the law of Moses. Gen 9:6 says: "Whoever sheds the blood of man,
by man shall his blood be shed; for in the image of God has God made man."
2. Additions were given for noncapital crimes in Mosaic law. These have been abolished.
3. It is stated in the NT (Romans 13:4).
[Answered by Pastor Quang, with a little help from Pastor HM]
