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Justice versus mercy in the jury room

November 20, 2004

Dramatic post-crime transformations suggest to some that repentance

should stay the executioner's hand.

Both the Bible and Jewish law affirm that repentance ameliorates

divine judgment. The prophet Ezekiel writes: "But if the wicked will

turn from all the sins which he has committed, and keep all my

statutes ... he shall surely live, and shall not die ... Have I any

pleasure at all that the wicked should die? Says the Lord God; and

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not rather that he should return from his ways and live?"

The Talmud confirms the power of repentance to blot out one's sins

before God.

This, though, refers only to the divine court and not human

reckoning. The Jewish tradition is clear that a person sentenced to

capital punishment is to be punished by death, regardless of

repentance. The human response cannot mirror God's granting clemency

to repentant criminals.

If a person has returned to God through repentance, then he will

be forgiven by God for his sins. In human courts, though, justice is

grounded exclusively on past actions; repentance cannot undo what has

already been done. Further, Judaism insists that repentance cannot be

achieved until the injured party has forgiven the criminal for his

sin. It is impossible for a murderer to fully repent because he

cannot gain forgiveness from the victim. That option has been removed

with the person's death. Therefore, there can be no forgiveness for

the murderer since there is nothing to be done to right the wrong. He

cannot take the murder back, and there is no forgiveness from the

grave.

Additionally, Judaism cautions that allowing repentant murderers

to escape capital punishment would fill death row with wholesale

claims of repentance. Every inmate would seize this mechanism to

escape the ultimate punishment. Also, it is beyond the scope of human

knowledge to verify whether the criminal has truly repented. The

death row inmate has understandable motivation to appear repentant to

avoid execution. Only God knows the human heart, and therefore only

God can accept repentance.

Oklahoma City bombing conspirator Terry Nichols asked for

forgiveness and offered to help victims' families with the healing

process.

"My heart truly goes out to all the victims and survivors and to

everyone who was affected by the Oklahoma City bombing," Nichols

said. "Words cannot adequately express the sorrow I have felt over

the years for the grief they have all suffered."

To be honest, I care far less about Mr. Nichols' sympathetic heart

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