Participated in a robbery with his brother, Jose Gutierrez, who killed the victim. Jessie was apparently present during the murder and even brandished a gun while continuing with the robbery. Jose was also executed (in 1999). (Texas Attorney General press release, Nov. 17, 1999)
How Not to Kill a Man
Another verb meaning "to kill, slay, murder, destroy, ruin" is h-r-g, used of Cain slaying Abel in Genesis 4:8. When Cain is driven into exile, complaining that "every one that findeth me shall slay me" in Genesis 4:14, he again uses this verb (h-r-g). Eliezer Segal observes that the Septuagint uses the term harag, and that Augustine of Hippo recognized that this did not extend to wars or capital punishment. Most subsequent translations follow Jerome's Vulgate. While Jerome had access to Jewish scholars, "even the Jewish translators were not unanimous in maintaining a consistent distinctions between the various Hebrew roots."[12] Jerome's choice of the word occidere (to kill) reflects the broader range of meanings.
The Torah and Hebrew Bible made clear distinctions between the shedding of innocent blood versus killing as the due consequence of a crime. A number of sins were considered to be worthy of the death penalty including murder,[14] incest,[15] bearing false witness (perjury) in proceedings of a capital charge,[16] adultery,[17] idolatry,[18] bestiality,[19] child sacrifice to pagan gods,[20] cursing a parent,[21] fortune-telling,[22] homosexuality,[23] and other sins.
For example, the Exodus narrative describes the people as having turned to idolatry with the golden calf while Moses was on the mountain receiving the law from God. When Moses came down, he commanded the Levites to take up the sword against their brothers and companions and neighbors. The Levites obeyed and killed about three thousand men who had sinned in worship of the golden calf. As a result, Moses said that the Levites had received a blessing that day at the cost of son and brother.[24] On a separate occasion, a blasphemer was stoned to death because he blasphemed the name of the Lord (Yahweh) with a curse.[25]
The Hebrew Bible has many other examples of sinners being put to death as due consequence for crimes. Achan is put to death by Joshua because he caused defeat of Israel's army by taking some of the plunder and hiding it in his tent.[26][27] David ordered that an Amalekite be put to death because he claimed to have killed King Saul.[11] Following the advice of his father, Solomon ordered that Joab be killed:
The ancient Hebrew texts make a distinction between the moral and legal prohibition of shedding of innocent blood and killing in battle.[29] Rabbi Marc Gellman explains the distinction between "harag" (killing) and "ratzah" (murder) and notes the different moral connotations. "...there is wide moral agreement (not complete agreement) that some forms of killing are morally just, and killing an enemy combatant during wartime is one of them."[30] For example, the Torah prohibits murder, but sanctions killing in legitimate battle.[31][32] The Bible often praises the exploits of soldiers against enemies in legitimate battle. One of David's mighty men is credited with killing eight hundred men with the spear,[33] and Abishai is credited with killing three hundred men.[34]
As described in the Torah, the ancient understanding of the prohibition of murder made an exception for legitimate self-defense. A home defender who struck and killed a thief caught in the act of breaking in at night was not guilty of bloodshed. "If a thief is caught breaking in and is struck so that he dies, the defender is not guilty of bloodshed; but if it happens after sunrise, he is guilty of bloodshed."[35]
Jewish law views the shedding of innocent blood very seriously, and lists murder as one of three sins (along with idolatry and sexual immorality) that fall under the category of yehareg ve'al ya'avor, meaning "One should let himself be killed rather than violate it."[36] Jewish law enumerates 613 Mitzvot, or commandments, including prohibition of murder and a number of other commandments related to the preserving of human life and administration of justice in cases of shedding of innocent blood.
482. Don't commit murder (Exodus 20:13)483. Don't accept ransom for life of the murderer (Numbers 35:31)484. Exile an accidental murderer (Numbers 35:25)485. Don't accept ransom from him (Numbers 35:32)486. Don't kill the murderer before trying him (Numbers 35:12)487. Save the pursued at the cost of the life of the pursuer (Deuteronomy 25:12)488. Don't show pity for the pursuer (Numbers 35:12)489. Don't stand idly by when you can save a life (Leviticus 19:16)490. Set aside cities of refuge for those who commit accidental homicide (Deuteronomy 19:3)491. Break the neck of the calf by the river (in ritual following unsolved murder) (Deuteronomy 21:4)492. Don't till by that river or sow there (Deuteronomy 21:4)493. Don't cause loss of human life (through negligence) (Deuteronomy 22:8)494. Build a parapet (in roof of house) (Deuteronomy 22:8)495. Don't mislead with advice which is a stumbling block (Leviticus 19:14)496. Help a man remove the load from his beast which can no longer carry it (Exodus 23:5)497. Help him load his beast (Deuteronomy 22:4)498. Don't leave him in a state of confusion and go on your way (Deuteronomy 22:4)
In its development our Lord himself points out its twofold obligation; the one forbidding to kill, the other commanding us to cherish sentiments of charity, concord, and friendship towards our enemies, to have peace with all men, and finally, to endure with patience every inconvenience which the unjust aggression of others may inflict.[65]
Catholic teaching strictly prohibits euthanasia and suicide as violations of the commandment, "You shall not kill."[77] Recognizing life and health as precious gifts from God, adherents are encouraged to avoid excess of food, tobacco, alcohol, and medications. Endangering others with excess speed or drunkenness on the roadway incurs grave guilt.[78] The use of drugs, except on strictly therapeutic grounds is a grave offense. Clandestine production and trafficking in drugs constitute "direct co-operation in evil."[79]
In a more detailed teaching, Martin Luther explains that God and government are not constrained by the commandment not to kill, but that God has delegated his authority in punishing evildoers to the government. The prohibition of killing is forbidden to the individual in his relation to anyone else, and not to the government.
We have now completed both the spiritual and the temporal government, that is, the divine and the paternal authority and obedience. But here now we go forth from our house among our neighbors to learn how we should live with one another, every one himself toward his neighbor. Therefore God and government are not included in this commandment nor is the power to kill, which they have taken away. For God has delegated His authority to punish evil-doers to the government instead of parents, who aforetime (as we read in Moses) were required to bring their own children to judgment and sentence them to death. Therefore, what is here forbidden is forbidden to the individual in his relation to any one else, and not to the government.
Today, the Lutheran Church of Australia recognises conscientious objection to war as biblically legitimate. It has declared, "The church... accepts the validity of a person's refusal to engage in military service if he or she is convinced that participation in a military conflict amounts to the transgression of God's commandment 'You shall not kill'."[83]
Matthew Henry considered the commandment against killing to apply to both one's own life as well as the life of one's neighbor and considered it to apply not only to causing of death but also to prohibit any thing unjustly hurtful to or injurious to the health, ease, and life of one's own body or the body of any other person.[86] He also ties the commandment against bloodshed back to the command to Noah, and he sees it as a command applying to the individual against his neighbor, but not against killing in lawful war, for one's own necessary defense, or against the government instituting due punishments for criminal offenses. He portrays lying in wait for the blood of the innocent as a grave offense against human dignity as one of the fundamental laws of nature.
The new policy went into effect in February and so far it is unclear if it is working, but the training has drawn the attention of the law enforcement community who are skeptical. But some say shooting not to kill may have its place.
Objection 1. It would seem unlawful to kill any living thing. For the Apostle says (Romans 13:2): "They that resist the ordinance of God purchase to themselves damnation [Vulgate: 'He that resisteth the power, resisteth the ordinance of God: and they that resist, purchase themselves damnation.']." Now Divine providence has ordained that all living things should be preserved, according to Psalm 146:8-9, "Who maketh grass to grow on the mountains . . . Who giveth to beasts their food." Therefore it seems unlawful to take the life of any living thing.
Objection 3. Further, in the Divine law a special punishment is not appointed save for a sin. Now a special punishment had to be inflicted, according to the Divine law, on one who killed another man's ox or sheep (Exodus 22:1). Therefore the slaying of dumb animals is a sin.
On the contrary, Augustine says (De Civ. Dei i, 20): "When we hear it said, 'Thou shalt not kill,' we do not take it as referring to trees, for they have no sense, nor to irrational animals, because they have no fellowship with us. Hence it follows that the words, 'Thou shalt not kill' refer to the killing of a man."
Reply to Objection 3. He that kills another's ox, sins, not through killing the ox, but through injuring another man in his property. Wherefore this is not a species of the sin of murder but of the sin of theft or robbery. 2ff7e9595c
Comments