Tuesday, Sept. 2, 2014

Drew Clark: Drew Clark: Meaning of 'thou shalt not kill' not as clear as that of murder

By Drew Clark, Deseret News National Edition

Published: Wed, April 16 12:00 a.m. MDT

 Few things are as controversial as the injunction than "Thou shalt not kill." While there may be little disagreement about what constitutes murder, we are likely to long remain divided over what it means.

Few things are as controversial as the injunction than "Thou shalt not kill." While there may be little disagreement about what constitutes murder, we are likely to long remain divided over what it means.

(Getty Images)

There’s nothing less controversial than the injunction, from the sixth commandment, “Thou shalt not kill.” Right?

Well, that depends on what the meaning of the word “kill” is.

It’s hard, although not impossible, to find examples of societies in which murder is permissible, or even countenanced and encouraged (as in Nazi Germany, Pol Pot’s Cambodia, and Rwanda 20 years ago). The societies and states of the world value and enshrine a culture of life.

The controversial issue, rather, is the permissibility of actions that take away life, e.g., capital punishment, abortion or suicide. Do they fall within the bounds of the sixth commandment?

The common law of England, which forms the basis of criminal codes throughout the United States, defined murder as consisting of five elements: (1) the unlawful (2) killing (3) of a human (4) by another human (5) with malice aforethought.

Parsing these definitions draws lines that permit people to support various sorts of acts that do indeed ultimately take a life in certain circumstances.

For example, capital punishment is a lawful form of punishment in 32 of the 50 states. Hence the death penalty is not an unlawful killing, nor is it an act of murder. Actions of self-defense and military combat that takes the life of an enemy are similarly distinguished from “unlawful” killings.

“Killing” means that the victim is irrevocably dead, in that all brain function, even beyond the cessation of breathing, has ceased. “Of a human” distinguishes murder from an abortion of a fetus. As not yet born, a fetus is not generally considered a legal person, and abortion is therefore not an act of murder under this definition. That changes once the child is born into the world. Still, for more than a generation since the 1973 Supreme Court decision Roe v. Wade, states and the courts have battled over permissible restrictions on the legal right to abortion at various stages of pregnancy.

The element that murder be “by another human” also takes suicide out of the realm of murder. Euthanasia, however, is a form of murder under the law: one prominent advocate of the practice, the late Jack Kevorkian, was convicted of second-degree murder for his role in facilitating voluntary euthanasia.

Finally, and most significantly, “with malice aforethought” refers to the premeditated intent to kill another. This is the sine qua non of the crime of murder. Without it, an act may be a crime of manslaughter, a negligent homicide or another form of unlawful killing — but not murder.

In American politics, is it contradictory for a citizen to support the death penalty for the punishment of the most heinous crimes of murder, while also opposing all or most acts of abortion? The question is easily asked in reverse: is it illogical or contradictory to oppose capital punishment in all circumstances — on the grounds that it consists of taking another life — while still supporting a woman’s right to an abortion? According to debate.org, 50 percent of respondents to that question say yes, and 50 percent of respondents say no.

Taking the issues singly, not jointly, in America, the argument against taking a life loses out in both cases. Although the numbers in support have been gradually declining, a majority of the country supports capital punishment. Similarly, a majority of the country supports the right to abortion.

A recent Pew Research Center report found that 55 percent of American adults favor the death penalty, a drop from 62 percent in 2011. It is generally religious people who are most strongly in support of the practice.

In regard to abortion, 54 percent feel it should be legal in “all or most cases,” according to the Pew Research Center, while 40 percent feel it should be illegal in all or most cases. Since 1995, the percentage favoring abortion has never risen above 60 percent.

What do these numbers say about the state of a culture of life in the United States? They say that while there may be little disagreement about what constitutes murder, we’re likely to long remain divided over what it means not to kill.

Drew Clark is the opinion editor at the Deseret News. He writes widely on subjects of technology, law, politics and the media. He earned his bachelor’s degree from Swarthmore College, his master’s from the Columbia University Graduate School of Journalism, and his law degree from George Mason University School of Law. He is visible on Google+ and on Twitter.

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1. E Sam
Provo, UT,
April 16, 2014

Kind of an interesting piece, actually. What these various polls suggest more than anything is that most people haven't really thought the issue through very carefully. Our reactions tend to be knee-jerk.

2. Jamescmeyer
Midwest City, USA, OK,
April 16, 2014

This is all based on the assumption that we define "Thou shalt not kill" in terms of English common law as understood by the given outline.

It also presupposes that a person is not a person until they are born, yet it is in all relevent ways apparent that a fetus, at some point long before birth, reacts to stimuli, actively avoiding harmful stimuli.

It also commits the all-to-common fallacy in one of the ways you asked the question "Can you justify the death sentence, but not abortion?" It presents abortion as a "woman's right", but abortion is not about a woman's right or a woman's body.

3. 10CC
Bountiful, UT,
April 16, 2014

A few points about the death penalty:

Many people who call themselves Christian rely on Old Testament sensibilities of God's justice to justify their support of the death penalty, with the notable exception of Catholics, who are admirably consistent on all issues regarding life and death.

Some Christians assert Jesus was for the death penalty, otherwise he would have saved the two thieves who were crucified along side him. Really?

No deterrent effect can be found in statistics around the death penalty. Texas executes more people than all other states combined, and they still have very high rates of murder and other crimes. You get to a point where state-sanctioned homicide (executions) actually contributes to an overall diminishment of the value of life.

Some say "deterrence is lost as the appeals process takes so long". They push for a "rocket docket" where execution take place within months of the crime. Except that we've had so many exonerations of those on death row years later, as DNA evidence counters the limitations of evidence during the trial.

I say we lock 'em up, throw away the key, study their brains.

Sociopaths have underdeveloped brain regions. Why?

4. Happy Valley Heretic
Orem, UT,
April 16, 2014

For me capital punishment shouldn't be used. To many people have been exonerated since DNA testing, to justify more murder by the state. And lets me be clear, if an innocent person is put to death by the state wrongfully, (and they have) that is murder.

Trying to argue semantics in a book that has been translated many times through many languages is silly at best.

5. Esquire
Springville, UT,
April 16, 2014

Life is full of moral dilemmas and ambiguities, and it's been this way since Adam and Eve. On the issue of capital punishment, I've come to the conclusion that it should not be done. First, it solves nothing. It is not a deterrent. Second, it costs more to execute than to incarcerate. Third, for some, incarceration is more of a punishment than an escape from prison through death, and the inmates can, if they choose, reflect on the act and the life they have lead. Finally, the system of justice is far from perfect. We see frequent cases of wrongfully convicted people, and capital punishment takes everything away and there is no opportunity for restitution to the wrongfully convicted. It is a problem.

Respect for life should be consistent, if at all possible. Abortion is problematic. Advocates on both sides have distorted the issue and the reasonable position. But there are times when abortion may be appropriate. It often pits two lives against one another, and choices have to be made. No one said it would be easy, but extremism on both sides makes a difficult problem that will never go away much harder.