Kushiya: Would the Jewish tradition approve or disapprove of the way the death penalty works in contemporary America?
Citation: Genesis 9:6
Pshat: If someone commits murder, they will be put to death since humans are made in God’s image.
Drash: This verse teaches that humans must take responsibility for murderers’ punishments. Their punishments are not supposed to be left in the hands of God. Based off of this verse the Jewish tradition would approve of some elements of United States’s death penalty. The Jewish tradition approves of the death penalty in cases of murder, and most states in America only permit the death penalty for this crime. The only exception to this in America is they also punish for other crimes like treason and espionage
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Several of the Rabbis debate how often it is proper for the Sanhedrin to use the death penalty. One Rabbi believes the death penalty reduces violence.
Drash: This text says that two witnesses must confirm runaway criminals’ identities before they receive the death penalty. This is a precaution to make sure the person is not wrongly killed. This verse shows that the Jewish tradition would have a problem with the American system because Americans are often wrongly sent to death row. Since 1973, 156 people have been freed from death row since they were proven innocent years after their trial. There are 14 other cases since 1973 where a person was executed, and now there is evidence that suggests they could possibly be innocent. This text also shows that different rabbis had different opinions on how often the death penalty should be used in the Sanhedrin. It resembles an American debate because Supreme Court Judges have previously argued on whether or not capital punishment is constitutional. According to this text, the Jewish tradition would agree with parts of America’s capital punishment system since the death penalty in America is open to interpretation like it was in the times of the Sanhedrin. The varying opinions America holds about the death penalty is evident in the fact that each state has the power to choose their own policies, and whether or not capital punishment should be used at