Measure for Measure
There is justice, and there is "justice." The Torah (usually) advocates that justice take the form of "middah k'neged middah" (מדה כנגד מדה) a.k.a. "measure for measure." While Rabbinic law has explained that "an eye for an eye" (Exodus 21:24, Leviticus 24:20) refers to monetary payments, such punishment is a payment for the monetary value of the lost organ or limb. How the value is determined is a subject of a different discussion.
The Torah unequivocally has a capital punishment system embedded in its laws. When, how and how often it was evoked is also a subject of a different discussion. The Talmud describes that in the event a murderer subverts the system through a technicality such that the court could not execute him, they had other methods to ensure his inevitable demise.
There was no such thing as 'death row' or a long-term prison sentence for murderers. Accidental murderers went (of their own accord) to cities of refuge to avoid retribution from relatives of the deceased. In some cases their exile may last for the rest of their lives. [See the footnote below for an example of an accidental murder and a situation that would warrant this exile.]
Punishment was meted out immediately, whether it be a fine, restitution, lashes, or the death penalty. And none of the death penalty punishments were costly - court orders were not a burden on society.
The Modern World
While I do believe in the death penalty for murderers, I understand that not everyone agrees to this. But I also believe that a person who takes a life in any way other than defense (of self or of another), in battle, or through a pure accident - a pure accident might include a car accident on a slippery road, or a doctor who does everything right but loses a patient - has lost the privilege to live in society. A drunk driver, for example, might not be a "deliberate murderer," but getting behind the wheel after drinking is not a pure accident. The driver made a choice that was not beyond his/her control.
Certainly a deliberate murderer should get no mercy. Even if s/he finds religion when s/he is in prison, and even if s/he can become a contributing member of society. By Torah law, s/he should have been dead shortly after s/he was convicted, so what s/he accomplishes later in life is enough of a "freebie" for a person, to my mind, that anything beyond bread and water to continue to live out his/her life, is a gift the person does not deserve.
Pan Am 103
The Lockerbie bomber was released from prison.
[Note from 8/20/2012 - I just revisited this page and noticed that all but one of the links I had left here are now inactive. They were articles about the Lockerbie bomber being released, as one article put it "Scottish authorities released him on compassionate grounds because he is dying of cancer."]
Where was his compassion for his victims? Why is this man still alive? Eichmann wasn't given compassionate jail time. He was killed after his conviction.
Is it possible that His Murderousness was a tool for an economic deal? Nothing disgusts me more.
I hope this man rots. 270 people died, including one person I knew growing up - Joseph K. Miller - on account of this monster's actions. He is undeserving of any compassion and he ought to die in prison. He should have been executed, but that is not "compassionate enough."
I heard one talk-radio host put it this way: If Bernie Madoff (who ruined many lives and may have caused a few suicides and crimes to be committed) were to be dying of cancer, would anyone tolerate his being released from prison in order to die with his family? Obviously that wound is very fresh, but the wound of Lockerbie and Pan Am 103 is still fresh for the relatives of the victims, those who knew them, and all of us who saw a first glimpse of how our world was changing when terrorists started using or destroying planes to make their "freedom fight" known to the world.
Ecclesiastes was right when he said (10:19) - "Money is the answer for everything." In other words, the pursuit of money justifies every dishonest or dishonorable behavior perpetrated by man.
England, you should be ashamed.
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What is an "Accidental Murder"? - two kinds
An "accidental murder" (shogeg or שוגג) is when someone does an action that is potentially dangerous to someone else, without bothering to check if someone is in harm's way. It may include a gross negligence on the part of the "perpetrator."
Examples might include:
- someone purposely running a red light and hitting a pedestrian who had the right of way
- shooting a person while hunting
- throwing rocks over a precipice, unaware someone is down below
- dropping anything from a high place where there is no designation to do so, such as at a construction site
Other examples of accidental murder in which there is no culpability (o'ness or אונס) are when the person did nothing wrong or negligent and circumstances were completely beyond control. Other than the examples mentioned above, other instances of this would include:
- Driving normally on a highway, and someone jumps in front of your car from an overpass (assuming they survive the jump)
- When the victim goes into a clearly marked restricted (DANGEROUS) area, such as at a shooting range, or a high voltage facility, or underneath a roller coaster (I mention this because there was a case last last year when someone was killed doing this), and the shooter, worker or operator does what they are supposed to and don't know of their victim's presence until it is too late
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