The Tree of Life Shooter and the Death Penalty

American Civil Liberties Union

The Death Penalty: Questions and Answers (Emphasis mine)

Document Date: April 9, 2007

Q: Doesn’t the Death Penalty deter crime, especially murder?
A: No, there is no credible evidence that the death penalty deters crime more effectively than long terms of imprisonment. States that have death penalty laws do not have lower crime rates or murder rates than states without such laws. And states that have abolished capital punishment show no significant changes in either crime or murder rates.

The death penalty has no deterrent effect. Claims that each execution deters a certain number of murders have been thoroughly discredited by social science research. People commit murders largely in the heat of passion, under the influence of alcohol or drugs, or because they are mentally ill, giving little or no thought to the possible consequences of their acts. The few murderers who plan their crimes beforehand — for example, professional executioners — intend and expect to avoid punishment altogether by not getting caught. Some self-destructive individuals may even hope they will be caught and executed.

Death penalty laws falsely convince the public that government has taken effective measures to combat crime and homicide. In reality, such laws do nothing to protect us or our communities from the acts of dangerous criminals.

Rabbi Shais Rishon. https://forward.com/opinion/554162/death-penalty-capital-punishment-tree-of-life-shooter-sentencing-jewish-bowers/

In today’s America, 75% of those sentenced to death are people convicted of killing white people, even though more than half of all homicide victims in the country are Black. At the same time, Black and Latinx Americans make up 55% of the current death row population. Experts estimate that 2% to 10% of all U.S. prisoners are likely innocent.

Rabbi Charlie Cytron-Walker. https://forward.com/opinion/554162/death-penalty-capital-punishment-tree-of-life-shooter-sentencing-jewish-bowers/

I oppose the death penalty as a general rule in the U.S. because the very high standard required by Jewish tradition has not been met. Numerous people on death row have been proven innocent — far too many of them after they were murdered by the state.

In the Tree of Life case, it seems clear that the gunman planned it out and knew what he was doing. There is no doubt that he committed these heinous crimes. All of the strict requirements that would have allowed a Sanhedrin to condemn him to death have been met. For these reasons I do not oppose this individual receiving the death penalty.

Ruling of the CJLS on Participating in the American Death Penalty

Approved by the CJLS on October 15th 2013 by a vote of 20 in favor, none opposed and none abstaining.

Written by Rabbi Jeremy Kalmanofsky of Temple Hesed in NYS

Ruling:

We urge the American federal and state governments to renounce capital punishment except in the rarest cases. Religious Jews should advocate for that position as the superior moral stance and best public policy. But given the weight of precedent, it would be false to assert that Jewish law forbids capital punishment. Halakhah confers on secular governments the legitimate power to punish criminals to protect the innocent, including the right to impose death, when needed, God forbid. Objection to the death penalty is not halakhic grounds to refuse to participate as judge, prosecutor, juror, police or witness in capital trials.