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Guest Column: Death Penalty Doesn’t Serve Justice

“Those with the power to bestow mercy show their humanity by bestowing it.”

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by JOSH KENDRICK

As always, I find it fascinating when human beings crow with delight at the violent death of other human beings. Your article titled “Line. Them. Up.” is the classic misunderstanding of capital punishment that has allowed America, a fine and decent country, to continue engaging in a barbaric form of punishment that all but the most savage of third-world countries have abandoned. Whether you view the issue from a religious standpoint or a governmental standpoint, it is curious how we justify the lack of mercy. Certainly, many of the crimes committed by the defendants on death row are violent. But it is our very ability to grant mercy to those who have committed such crimes that makes us, as humans, redeemable.

Killing in response to killing is not part of the teachings of Christ. Forgiveness is a central tenet of those teachings, and mercy runs throughout the Bible. Or at least the New Testament, which you are probably aware is the part of the story involving the “Christ” that created the idea of “Christianity.” You and your right-wing cohorts preach against abortion on the theme of “life”, but you are happy to take that “life” away if you or your man-made system deems someone unworthy of it. I am shocked at the arrogance you and those like you must have to believe you will stand in front of your Creator having demanded to “line them up and put them down” and expect to be given the very mercy and forgiveness you refused your brothers and sisters on Earth.

The death penalty serves none of the greater goals of criminal justice. Specifically, your claim it is a deterrent is flatly incorrect. Study after study shows harsher penalties, including the government killing defendants, has no effect on the commission of crimes. It simply satisfies people’s blood lust for retribution. But even if you wanted to game the statistics, your argument the murder rate would go down if we executed more people doesn’t make any sense. The vast majority of murders in South Carolina are not capital-eligible under our statutes.

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No libertarian or conservative can credibly support the death penalty. If you truly believe in limited government, how do you reconcile giving that same government the ultimate power to take a life? People are regularly exonerated while on death row. To be clear, that means the government was going to kill them and they were completely innocent. This is the very same government you do not trust to help people get education, food, financial help, and healthcare. You believe it is completely wrong that the government would become involved in any of those pursuits, but totally fine for it to take a life as a punishment you believe you are entitled to impose and execute.

Pragmatically, the death penalty makes little sense as a punishment. Supporters of the death penalty have a consistent major complaint – it is not fast enough. What a breathtaking misunderstanding of the legal system. I am constantly appalled at how many, including you, have so much to say about the judicial system yet make no effort to even minimally understand how it works. The legal system is rife with mistakes, but contrary to your numerous columns, those mistakes do not typically work in favor of the defendant.

For each example of some “violent criminal” you claim got out of jail because of our “lenient judiciary” there are countless examples of people who are kept in jail for no reason, prosecuted wrongfully, and incarcerated for years for crimes they did not commit. In fact, our elected Attorney General flew himself to New York City to proudly proclaim he and our State will stand behind Donald Trump and support his post-conviction efforts while he is at the same time directing legal filings to ensure a wrongfully convicted black man here in our very own state cannot even access files related to his case. That does not sound like a system we should trust to impose punishment, especially when that punishment is death.

The deepest misunderstanding about capital punishment involves mercy. The common argument is that those on death row do not deserve mercy. Surprisingly, that is correct. No one deserves mercy. But that is because mercy is never deserved, it is given. Those with the power to bestow mercy show their humanity by bestowing it. Your belief the death penalty is some reflection of justice for victims or a reflection of the violence of certain offenders is completely misguided. The death penalty is simply a reflection of our society. We condemn those we believe lacked mercy and empathy by refusing them that same mercy and empathy, which is a sad commentary on who we really are, as opposed to who we believe we are.

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ABOUT THE AUTHOR…

Josh Kendrick is a partner at the law firm of Kendrick & Leonard, P.C. The firm has offices in Greenville and Columbia and handles criminal and civil litigation around the state.

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46 comments

River Top fan September 4, 2024 at 4:38 pm

Jesus was crucified with 2 criminals. Jesus never rebuked the Roman government for carrying out the death penalty on the two criminals. In fact the criminal Jesus saved from the cross acknowledged that he deserved his punishment.

The heartless killer set to be executed on 9/20 deserves his earthly punishment for killing a mother because she couldn’t open a safe.

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Congratulations, You Played Yourself September 5, 2024 at 8:54 am

You’re bringing up the fact that a corrupt government wrongfully executed the son of God at the behest of a bunch of religious fanatics as a defense for executions?

lol

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River Top fan September 5, 2024 at 10:31 pm

This was part of God’s plan for redemption.

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Eye for an eye September 4, 2024 at 5:00 pm

Question: What do you have when you have a lawyer buried up to their neck in sand?
Answer: Not enough sand.

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River Top fan September 4, 2024 at 5:26 pm

Question: What’s the difference between a catfish and a lawyer?

Answer: One is a slimy, no good bottom feeder. The other is a catfish.

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Anonymous September 5, 2024 at 9:44 am

You are so misguided and certainly not a Christian. I pity you and those who have to be near you

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River Top fan September 5, 2024 at 10:32 pm

I’m confident in my relationship with Jesus.

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medmondsm Top fan September 6, 2024 at 9:02 am

@River – Reading through the comments, you have a mean streak in you. You are not a good example of a Christian.

River Top fan September 6, 2024 at 9:34 am

Have you not read how John the Baptist rebuked evil doers?

Anonymous September 6, 2024 at 10:05 am

You shouldn’t be….

Anonymous September 5, 2024 at 9:45 am

You are speaking about my son. Rotten souls write stupid things so they feel bigger. Good bye littlep man

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River Top fan September 5, 2024 at 10:32 pm

Is your son a lawyer? If so then yes I am. Get over it.

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Anonymous September 6, 2024 at 10:08 am

Where’s your trailer, son? City or country.?

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River Top fan September 6, 2024 at 10:39 am

Which trailer? I have a travel trailer, a couple boat trailers with boats on them, a few equipment trailers for my tractors and implements…

….i live in the country in a nice house, provided to me by the grace of God…

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Anonymous September 6, 2024 at 10:04 am

Where do you live son? Because that sounded like a death threat where do you work?

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Anonymous September 6, 2024 at 10:10 am

That was a nice “pro life” joke.

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The Colonel Top fan September 4, 2024 at 8:46 pm

If you’re going to quote the Bible, maybe you ought to try reading it a little more. Flip over to Romans 13:
“For rulers hold no terror for those who do right, but for those who do wrong. Do you want to be free from fear of the one in authority? Then do what is right and you will be commended. For the one in authority is God’s servant for your good. But if you do wrong, be afraid, for rulers do not bear the sword for no reason. They are God’s servants, agents of wrath to bring punishment on the wrongdoer.”

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Joshua Kendrick Top fan September 5, 2024 at 7:15 am

Happy to play that game. Is your position that we disregard the teachings of Jesus in favor of this verse? Or would we maybe read them all together for a consistent story? And, if you like this verse, I assume you are currently a supporter of all our Government is doing? Because this verse does not say “the party you like.” Finally, since you started the “Pick-a Verse” game, read the entire passage from the Bible. There is a little more to it then the part you picked out. But of course that does not really support your argument so you just leave it out right?

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River Top fan September 5, 2024 at 8:49 am

We must recognize that God has given government the authority to determine when capital punishment is due (Genesis 9:6; Romans 13:1-7). It is unbiblical to claim that God opposes the death penalty in all instances. Christians should never rejoice when the death penalty is employed, but at the same time, Christians should not fight against the government’s right to execute the perpetrators of the most evil of crimes.

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medmondsm Top fan September 5, 2024 at 9:20 pm

Thou shalt not kill.
Btw, you ever heard of Ben Tilley? Maybe you should google that.

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River Top fan September 5, 2024 at 10:33 pm

Shall not murder. There’s a different.

medmondsm Top fan September 5, 2024 at 9:22 pm

Yeah – Hitler imposed the death penalty.

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River Top fan September 5, 2024 at 10:33 pm

Without due process…you don’t read well.

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The Colonel Top fan September 5, 2024 at 11:08 am

Jesus said “Render to Caesar the things that are Caesar’s, and to God the things that are God’s.” The implication is that we are to obey “Ceasar” in worldly issues. Paul said “Every person is to be in subjection to the governing authorities. For there is no authority except from God, and those which exist are established by God. I don’t play “pick a verse” and I can read it in the Koine Greek. Jesus himself submitted to execution and for the record, it was not the Jews who hung him on the cross, it was the Romans.

You asked if I was a supporter of what our government is currently doing – I’m going to answer assuming you are referring to capital punishment and the answer is no, but not for the reason you would assume. It takes too long and costs too much to put a convicted criminal to death. But before you go all “you’re just a a bloody…” on me, let me finish the answer. A death penalty case should have 5 considerations
Proportionality: Exodus 21:23-25 establishes that punishment must be proportional to the offense, death should be considered only in the most serious offenses – it even allows for “acts of God”
Absolute proof of guilt: Deut. 17:6 and Num. 35:30 set the standard for evidence (at least two eye witnesses). Eye Witnesses are the standard of proof. The Bible says nothing of circumstantial evidence and I believe circumstantial cases should not be tried as death penalty cases (Murdaugh for instance – he’s guilty as Hell but there are no witnesses.)
Intention: Numbers 35:22-24 establishes that capital punishment should not be imposed when there is no evidence of an intentional act (drunken driver for instance, he still goes to jail but not to the death chamber).
Due Process: Num. 35; Deut. 17. The issue was not simply whether the accused was guilty, but whether he also had a fair chance to prove his innocence. Numbers 35:9-33 describes in detail the process.
Reluctance to Resort to Death: In Ezekiel 33:11 God laments, “‘I take no pleasure at all in the death of the wicked, but rather that the wicked turn from his way and live. Turn back, turn back from your evil ways!” This is not an admonition against the death penalty but rather a preference for repentance

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medmondsm Top fan September 5, 2024 at 9:10 pm

Thou slalt not kill. ~Exodus 20:13

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River Top fan September 5, 2024 at 10:34 pm

Shall not murder.

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Anonymous September 6, 2024 at 8:40 am

Karma will come for you buddy…

Anonymous September 6, 2024 at 8:42 am

You are impressing anyone with your ridiculous comments. Go back to your basement and clean up the spiderwebs

River Top fan September 6, 2024 at 9:36 am

Karma is made up. I serve a living God, he’s given me trials that made me stronger and if he decides to give me another then I’ll praise him through it.

Cutting the grass today actually, while smoking a brisket.

Take care,

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The Colonel Top fan September 6, 2024 at 10:51 am

The Hebrew word in Exodus 20:13 is ratsach – it literally means murder (the unjust taking of a human life) and has NOTHING to do with the state’s use of capital punishment.

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River Top fan September 6, 2024 at 11:08 am

Amen brother

medmondsm Top fan September 6, 2024 at 2:00 pm

I believe it is unjust for the state to take a human life as punishment for a crime.

River Top fan September 6, 2024 at 3:59 pm

@medmondsm your personal belief is respectable and honorable. We could all be more forgiving, myself included.

We have to be careful not to use scripture in the wrong context to back up our personal beliefs.

Biblical Blank Check for Murder? September 5, 2024 at 9:09 am

“But if you do wrong, be afraid, for rulers do not bear the sword for no reason. They are God’s servants, agents of wrath to bring punishment on the wrongdoer.”

“We must recognize that God has given government the authority to determine when capital punishment is due”

So basically every dictator, despot, and mass murdering head of government was just, right?

So the American Revolution was actually unruly wrongdoers going up against God’s hand chosen ruler for America?

So if Biden ordered the military to move on Donald Trump he’d be doing God’s work?

No, sorry, every human being and every man-made institution is guaranteed to have faults and should be held accountable somehow for every time it screws up.

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River Top fan September 5, 2024 at 9:40 am

I’m referring to capital punishment imposed when proper due process has occurred as the Bible requires. Dictators don’t care about due process, therefore they would be wrong.

The American revolution was godly men resisting an ungodly tyrant of a King. It is more important to obey the laws of God, than obey the laws of men. The King sent troops to engage the patriots. The patriots defended themselves, which self defense is justified in the Bible in the Old Testament and straight from Jesus when he tells his followers to buy a sword if they do not have one. In my opinion the American revolution was justified and obviously God was with our forefathers.

Biden is a son of Satan so he would be wrong regardless what he did.

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Hali Mullins September 4, 2024 at 9:17 pm

Thoughtful and engaging article full of biblical truths and moral sanity. Thank you for sharing.

“You have heard that it was said, ‘An eye for an eye and a tooth for a tooth.’ But I say to you, Do not resist the one who is evil. But if anyone slaps you on the right cheek, turn to him the other also.” – Matthew 5:38-39.

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AC Top fan September 5, 2024 at 7:05 am

What the columnist, who was raised with a silver spoon, is missing is that those facing the death penalty gave up their right to be called human beings. They are simply animals and when animals attack and kill decent humans they should be put down. Also the objective of capital punishment is not to serve justice it is to punish the offender.

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Civilization Should Act More Civilized September 5, 2024 at 9:15 am

“those facing the death penalty gave up their right to be called human beings.”

No, they’re very much human beings, just ones with significant flaws. People who dehumanize others are significantly flawed themselves.

Every death row inmate has constitutional rights, legal rights, human rights.

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Anonymous September 5, 2024 at 9:39 am

That silver spoon kid is my son and believe me he did not grow up in privilege. I hope you never have a child, friend or family member commit a crime and face this penalty. It would be different then, right?

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River Top fan September 6, 2024 at 11:22 am

I hope you never have a friend or family member be murdered in cold blood, then watch as some attorney perverts justice for monetary gain, trying his hardest to get the murderer back out on the streets.

My grandfather was robbed at a Texaco then shot for $54 in 1987. My grandfather was a tradesman, hard worker, served his country, and was killed for a fist full of dollar bills. Then some no good attorney, who didn’t care about my family’s pain, or the overwhelming evidence, or the eye witnesses, fought tooth and nail to let this animal back out into the public. He wasn’t successful but tried very hard.
Luckily a jury with common sense was selected.

What kind of evil is that? Knowingly perverting justice, knowingly assisting heartless killers back out to kill again.

Also, if being an attorney is such a righteous profession, why do people need to max out a credit card or take out a second mortgage to hire one?

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Anonymous September 9, 2024 at 1:55 pm

As his father, I can attest that he was not raised with a silver spoon…I was very proud of the thoughtful and well written commentary on the misplaced support for the death penalty

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jbl1a September 5, 2024 at 11:58 am

What Mr. liberal leftist lawyer fails to recognize is that when you murder someone, not kill but murder, cold blooded, calculated, without regard for the life of another, you forfeited your right to live in society. The death penalty is not only justice and punishment, it is to get rid of those in society who show they cannot live with us. You talk about Jesus and forgiveness yet ignore the fact there is consequence for actions in society even after forgiveness. I would expect no different from someone who makes their living bending the law to find as many loopholes and ways around punishment as possible. Maybe you should look at those convicted of murder like Carla Faye Tucker who even after reaching out to Christ for salvation and forgiveness recognized her actions still required the ultimate payment for her crimes.

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The Colonel Top fan September 6, 2024 at 12:25 pm

Josh,
Had you stuck with the legal argument, you might have had a more powerful commentary. You erred when you decided to try and make Christians feel bad because they oppose abortion but are generally in favor of capital punishment. You may be a legal scholar, but you are decidedly not a Biblical one.

The “Thou shalt Not kill” you find in the King James version of Exodous 20:13 is improperly translated and in most modern translations is properly translated “you shall not murder”. The operative word is kill or murder – so which word is it? In Hebrew, Exodous 20:13 says ????? ???????????? ? which translates literally as “not do murder”, ???????????? is Hebrew for “do murder”. ???????????? (anglicized as ratsach or raw-tsakh) is only used in the Old Testament when discussing taking the life of a human and always refers to the unjust taking of a life.

Early transcribers of the Bible in the mid 1500s mistranslated “murder” for “kill”. This was particularly true of the King James translation of 1604. Prior to King Jimmy’s efforts, most Bibles were intentionally written in Latin to keep the masses from being able to read and understand God’s word on their own – the first “vernacular” translations only appeared in the mid 1400s and were quickly banned by the Catholic Church. That beauty of the language and the readability of the KJV quickly made it “the Bible” of the masses.

Your assertions about the efficacy of the death penalty are generally held to be true. There seems to be no correlation between the rate of crime and the increase or decrease in the use of the death penalty but that is a relatively modern concept caused by our modern thoughts on execution. Most “death penalty sentenced” convicts die of old age these days because of our unwillingness to actually carry out the sentence. That, combined with the “sterileness” of the act when we do execute someone has taken any possible deterrent effect away. Again, lest you decry me as blood thirsty, I do not support a return to hangings in the court square though I bet there would be a deterrent effect if we did.

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River Top fan September 6, 2024 at 1:24 pm

He’s and attorney as you know, meaning he is an educated man. I’m sure he is aware what he’s claiming isn’t accurate, in typical attorney fashion, he’s full of crap and cherry picking what fits his narrative.

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AC Top fan September 8, 2024 at 10:11 am

Isn’t it a violation of the rules of conduct for lawyers to say that a man is wrongfully convicted when multiple courts have reviewed and upheld his conviction? It amounts to subverting the criminal justice system. Attorneys are supposed to keep those opinions to themselves and attempt to maneuver through the courts if they feel that is the case. He has sour grapes because he is flat out wrong and has been ruled against on multiple occasion. A referral to the Office of Disciplinary Council might be appropriate

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Joshua Kendrick Top fan September 29, 2024 at 10:32 pm

Have you made that referral yet? Or did you realize you cannot do it anonymously and you aren’t such a big talker when you have to put your actual name on something? I took some heat for what I wrote but I signed my name to it. Why don’t you put your name on something like this. If you are going to accuse me of an ethical violation don’t hide behind your nickname.

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