B’Haalotecha, Nathan Dunlap and the Death Penalty

B’Haalotecha, Nathan Dunlap and the Death Penalty

Rabbi Joseph R. Black

Temple Emanuel – Denver, CO

May 24, 2013

This week’s torah portion – b’haalotecha, like much of the book of Bamidbar (Numbers), is filled with harsh punishments.  Things are very black and white in Bamidbar

·     The Israelites as a whole are punished because they didn’t trust God and are told that they must all die in the wilderness until a new Generation is born

·     The punishment for disobeying Shabbat and Passover is death

·    Moses is punished because he disobeys God – he will never enter into the promised land

God’s judgment is quick and severe.  Punishment abounds.

 

Tonight, I want to talk about how we, as a nation, view punishment – in particular, Capital punishment – the Death Penalty

 Our son, Ethan, took a course on punishment and the penal system this past year.  As a result, we had a lot of discussions around our dinner table about the purpose and success of our legal system.  Why and how do we punish?  What are the goals of having a prison system?

·        Is it to protect society?

·        Is it to provide justice to the victims?

·        Is it to deter crime?

 Each situation is different.  As such, our justice system provides us with a wide variety of tools and options:  from monetary fines to community service, to prison time, to the ultimate punishment – the death penalty.

 Our constitution guarantees against “Cruel and unusual punishment” so the sentencing given to the guilty must not be excessive or out of the ordinary.

 This past week, much of our attention here in Colorado has been focused on our Governor’s decision regarding the implementation of the Death penalty in the case of the convicted murderer, Nathan Dunlap.  As I’m sure most of you know, Dunlap was sentenced to death after being found guilty of the brutal murder of four people at a Chuck E. Cheese restaurant 20  years ago. Three of his victims were teenagers and the fourth was a mother of two. At the time of the murders, Dunlap himself was 19 and he has consequently spent half of his life awaiting his own execution on death row.

Everyone who is familiar with Dunlap’s case can agree that the crime he committed was horrific.  He is a convicted killer.  He canot be a part of society.  There is no debate about his guilt.   The question that faced our Governor was whether or not he would use his power as our State’s Chief Executive to stop Dunlap’s execution from taking place.  As I’m sure all of us know by now, Governor Hickenlooper decided to stay the execution – at least during the time that he is in office.  He did not commute Dunlop’s sentence, rather he stopped it from taking place – for the time being.

 The reaction to the Governor’s decision has been intense – from all sides.  Some feel that Dunlop should be put to death in order to provide justice in the aftermath of his own murderous spree.  Other’s feel that the Governor did not do enough – instead of a stay of Execution, he should have commuted the sentence entirely.  Others are upset that the Governor is overturning the will of the people – and that he never should have considered it in the 1^st place.

Tonight, I don’t want to talk about the Governor’s decision – although, I am relieved that Dunlap will not be put to death in the near future.  Instead, I want us to look at what Capital punishment really is and, most importantly, what Judaism has to say about it.

 
I am opposed to the death penalty.  I find it immoral, inhumane and dangerous.

 Rev Jim Ryan and I recently wrote an op-ed piece that was published in the Daily Camera newspaper in Boulder in which we wrote, in part:

 For us, as men of God and leaders of our congregations of Colorado faithful, it is deeply troubling that our state may move forward with the execution of Nathan Dunlap. Our calling to serve God involves a responsibility to seek justice, and we must be especially mindful of our role in supporting the poor and the weak, while advocating for fairness for all. Despite his terrible crime and the suffering he caused, we pray that Mr. Dunlap will receive executive clemency and will serve his life in prison without the possibility of parole.

I am not opposed to just punishment, or tough standards for violent and murderous criminals.  I am opposed to the death penalty – not because of what it does to the guilty – but what it does to all of us – you and me – here today and throughout our nation.

Ours is a society in which violence is becoming so commonplace that the threshold for events which shock, which give us pause, which cause us to cry out in horror at the inhumanity of humanity is constantly on the rise.

Murder is commonplace - both on our streets, in our homes, and in our prisons. 

The death penalty, some might argue, is a deterent -  is a way to show that we are in control of the most dangerous elements in our society.  It is not.

The death penalty, some might argue, is the ultimate form of justice and punishment at our disposal.  It is not.

You see, I do not understand how one act of violence can possibly be a moral punishment for another act of violence.

We live in a violent society.  Everywhere we look  in the media – in the newspapers, on television,  on the internet we are confronted with evidence of human brutality.  This violence is reinforced through the ways that  we entertain ourselves – the films, television shows, books and video games that grow more violent every day.

Compounding this phenomenon is the fact there is very little left today that is shocking.

Rabbi Harold Kushner writes the following:

"Once, there was magic and a sense of mystery in our lives.  Once (in our childhood and in the childhood of the human race) there were places that were unlike all other places, and moments in time that were different from ordinary time.  They added color, texture, and excitement to our lives.  But today no place is off limits to human ingenuity.  WE have become so good at unraveling mysteries that few things still mystify us, and in the process we may have become the people to whom the late philosopher Joseph Campbell addressed this warning:  'When you get to be older and the concerns of the day have been attended to, and you turn to the inner life - well, if you don't know where it is or what it is, you'll be sorry.'

We have largely lost the capacity for reverence, the sense of awe that comes from realizing how much greater God is than we are.  We have lost it, paradoxically, because the twentieth century teaches us both how great we are and how small we are."^[1]

We have become immune not only to the beauty and wonder that surrounds us, but also to the ugliness and evil that, unfortunately, pervade our everyday lives.   It is not our “…capacity for reverence…” that is being lost, but our ability to be shocked as well.

The fact that the United States of America is the only Democratic country in which Capital Punishment is permitted……

The fact that other nations that share our penchant for ultimate vengance include Bangladesh, Botswana, China, Egypt, Iran, Iraq, , Jordon, Kuwait, Libya, North Korea, Malaysia, Morocco, , Qatar, Saudi Arabia, Singapore, Sudan, Syria, Thailand, Tunisia, United Arab Emirates, United States, Vietnam and Yemen…..

The fact that over half of those on death row are people of color, through they represent only 20% of the country’s population……

The fact that nearly half of those executed in the last two decades have been people of color, with blacks alone accounting for 38%. All told, 82% have been put to death for the murder of a white person. Only 3% were white people who had been convicted of killing people of African, Asian or Hispanic descent…...

These facts should give us pause…….And yet – they don’t.  We don’t even think about them.  We turn aside from the injustice of our current system in order to ignore iur current reality in favor of a belief that Capital punishment somehow brings us justice, closure, deterence….

My friends, the truth is that the death penalty is legally sanctioned murder - nothing more and nothing less.

There are those who may argue that the Bible does not prohibit Capital Punishment.  This is true - to a point.   And yet, as Judaism has evolved over the centuries, we have also developed a reticence to  impose the death penalty.  The Rabbis of old  made it practically impossible to impose the death penalty.  In the 65 year history of the State of Israel only one person has ever been executed by a court of law - Adolph Eichman - the architect of Hitler’s Final Solution and even that execution was hotly debated within the courts and around the kitchen tables of every citizen in the Jewish State.

For me, the central issue is truly none of the above.   For me the issue of Capital punishment revolves not around how we see the most evil elements of society - but how we perceive ourselves. Are we going to allow our fear of crime, our desire for vengeance, our BOTTOM LINE mentality to govern how we conduct ourselves?  Capital punishment is a quick fix - it may be popular with the voters – it may make some of us feel good - or politicians look good as they get tough on crime  - but ultimately, I believe that it lessens our own humanity when we take the life of another person.

Those who have committed atrocities need to be punished.  They cannot be a part of a civilized society.  But, I firmly believe, one of the prices of being “civilized” is taking on a responsibility to act in a way that is consistent with our own internal holiness.

 All religious traditions teach that one day humanity will be judged.  I believe that our judgment  will not merely revolve around how we treated the best elements of our society – but how we treated the worst elements of our society.  There is evil in the world.  There are predators and murderers among us who deserve to be separated and cut off from society.  For some there can be no rehabilitation.  And yet, the price we pay for living in a civilized, moral society, is living with the fact that we cannot totally eliminate this evil.  But we can assert that we – as a society will not allow ourselves to stoop to their level.  We will not allow ourselves to become murderers as well.

 In the book of Genesis we learn that we are all created in the Image of God.  There is a spark of holiness inside every human being. All life is holy - even that of the most damaged and evil members of our society. When we take a life - whether that life has committed murder or not - we are diminishing the image of God.  Yes, the murderer has done the same - but the fact that we claim to be a moral society calls us to rise above our desire for vengeance and understand that one act of murder does not make up for another.

It is our sacred task to preserve the humanity that God has implanted within us - as difficult sometimes as that might be.  May we be strong in our reslove.

AMEN

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     ^[1]Kushner, Harold.  Who Needs God. p.51

Op-Ed in Opposition to the Death Penalty

Reverend Jim Ryan, Executive Director of the Colorado Council of Churches and I submitted this Op-Ed this past week to the Denver Post. There is no guarantee that it will be published, so  I wanted it share it on this forum.

Our Faith Directs Us To Support Clemency for Nathan Dunlap By Rabbi Joseph Black and Reverend Dr. Jim Ryan

Op-Ed submitted to the Denver Post- May 2, 2013

For us, as men of God and leaders of our congregations of Colorado faithful, it is deeply troubling that our state may move forward with the execution of Nathan Dunlap. Our calling to serve God involves a responsibility to seek justice, and we must be especially mindful of our role in supporting the poor and the weak, while advocating for fairness for all. Despite his terrible crime and the suffering he caused, we pray that Mr. Dunlap will receive executive clemency and will serve his life in prison without the possibility of parole.
While our faith compels us to reject violence in all forms, we find the death penalty, an act of violence that is premeditated and carried out in our names, particularly abhorrent. We would be remiss in our spiritual commitment if we did not speak out about our belief that Mr. Dunlap’s life should be spared.
We must acknowledge that Mr. Dunlap committed a terrible crime, which may be understood to be an act of evil. We grieve for all the human suffering his actions caused and pray for those he harmed and their families.
To us, as Christians and Jews, as it is for many faithful people of other spiritual traditions as well, all life is sacred. We believe profoundly in the sanctity of all life, and we understand that through God’s love and generosity, the opportunity for God’s forgiveness, and the ability to find God’s way, is ever present so long any human being may seek it. This possibility for redemption, even for the worst sinners, is one of God’s deepest mysteries and gifts to us.
That we are loved by God despite our sins and errors is the miracle of our faith, which sustains us. God loves us with such generosity that we must be ever mindful of what is asked of us in return, that we act in mercy and fairness towards one another. Because of this, we share concerns with other people of faith about the fairness of capital punishment in Colorado.
While our concerns about the death penalty are primarily moral concerns, we take note of concerns raised by others about the fairness of the death penalty in Colorado. Colorado’s death row is comprised solely of African-American men despite the fact that African-Americans are a racial minority in Colorado, making up less than 5% of our population. Additionally, all the men on death row were prosecuted by a single county, Arapahoe. In fact, they all attended the very same high school.
We wonder about the fairness of Colorado’s use of the death penalty when it is directed so decidedly towards only one group of prisoners. As Colorado, like other states, continues to wrestle with our nation’s history of racial injustice, we must ensure that our desire for justice and our faith in the law are never at odds.
Our moral responsibility to our congregations and to all our fellow citizens is to strive to live in accordance with our own inner holiness. We work to make our society civilized, just, and merciful. We cannot condone or accept the execution of any person in our names. Such an execution would coarsen us and corrode our civic morality.
As men of faith, we are commanded to speak out when we see injustice in our world. Because of this spiritual commitment, we respectfully ask Governor Hickenlooper to commute Nathan Dunlap’s sentence to life in prison without the possibility of parole. We strongly believe this is the merciful, moral, and just action, which is in accordance with the teachings of our faiths.

Reverend Dr. Jim Ryan is the Executive Director of the Colorado Council of Churches Rabbi Joseph Black is the Senior Rabbi of Temple Emanuel, Denver

The End of the Session Brings Perspective. Invocation - CO House - 4/25/13

The End of the Session Brings Perspective

Invocation for the Colorado House of Representatives

April 25, 2013

Rabbi Joseph R. Black – Temple Emanuel, Denver, CO

Our God and God of all people:

As we come together on this morning of deliberation, we are aware of the limits of time.

Only a few more days remain in this year’s legislative session.  The calendar informs us of the fact that, no matter our desires, our plans, our vision – we are restricted by the realities of the rising of the sun and its setting; the passage of the seasons, and the laws set forth by our government.  At some point, no matter what is left unfinished, the fun must stop.  The session will end.   Lives that have been consumed by legislation can return to a manageable pace.  For a few months, we will be able to recharge our batteries,  put aside the bickering and the backstabbing, the testimony and the testiness.  Long nights of debate and negotiation will end and legislators will be able to return home and become re-acquainted with families and community. Life will return to normal.

These last few days of the session portend more than the end of a legislative process – they also mark the dissolution of a unique community of peers.  Despite all of the contentiousness that we have witnessed, every person who labors in this chamber is part of something much larger than any arguments that have taken place.  Every person here is a holy vessel.  We all possess a soul – placed within us by a benevolent Creator.   If we could only see the holiness within ourselves – and our colleagues, then the political and partisan polarization than has plagued this House can be put into perspective.  Those who have been elected to serve have also been part of the forming of a sacred community.  The same late night sessions that have infuriated some have also created opportunities for greater understanding and acceptance of each other’s strengths and weaknesses, passion and pride.

 

This has been a particularly difficult year.  We have had to confront tragedy - here in our own state and around the country.  If we learn nothing else from these events, let us remember how we put aside our difference in order to both honor the victims and pledge to build a better future.

May the awareness of our limits help us to accept our own humanity.  May enmity give way to enabling love – of one another; of our Great State of Colorado; and of Our Creator – who helps us to see that our limits also provide us with perspective. 

For the possibility of insight and the gift of perspective we give You thanks and praise.  AMEN

A Prayer in the Aftermath of the Boston Marathon Bombing

Our God who dwells in the highest heights and in the souls of our feet:

We find You in the passion of those who delight in testing and celebrating the power of their bodies:

·    The runners who push themselves to find new challenges in the rhythm of the road and the camaraderie of the race;

·    The doctors, medics, police, fire fighters and bystanders whose dedication to humanity drives them to run into the fray - towards the bruised and bloodied bodies in the streets.

On this day of destruction, we need to remember that the race is not for the swift[i]; there is no finish line for those who seek a better world.
Neither bombs, nor blood, not death, nor destruction can deter us from running, O God.
We run to You.
We run towards a vision of perfection that is always in our sights.
We run determined to never allow hatred to obscure Your presence.
We run to build a better world.
Be with those who have lost loved ones on this tragic day.
Send comfort and healing to the injured and the maimed.
Heal them – heal us all – body and soul – as we strive to find You.
Give us hope.
Help us to use our arms, our legs, our breath, our determination to unite in a common purpose.
In our grief may we find the strength to keep on running.

AMEN

 

 

 

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[i] Ecclesiastes 9:11

Invocation for the CO House on Holocaust Memorial Day

Invocation for the Colorado House of Representatives

Holocaust Commemoration

April 11, 2103

Rabbi Joseph R. Black

Temple Emanuel – Denver, CO

 

Our God and God of compassion,

 

This morning we stand – not merely in prayer – but in remembrance.

We remember the more than 13,000,000 souls destroyed in the nightmare of the Shoah – the Nazi Holocaust.  Among those innocents exterminated by the Nazis were:

 

·        Intellectuals

·        Communists

·        Socialists

·        Catholics

·        The Mentally and Physically infirm

·        Gypsies/Roma

·        Gays and Lesbians

·        And, of course – 6 million Jews – of whom 1.5 million were children.

 

These numbers are not new.  I have lived with them all of my life.

 

My mother was born in Leipzig, Germany.  She lived through Kristallnacht – the night of broken glass that took place on November 9^th, 1938.  She and her parents were able to escape to America and begin new lives here – but the shadows of that night and the months and years that followed, never really disappeared.

 

This year we commemorate not only the tragedy of the Shoah, but also the 70^th anniversary of the Warsaw Ghetto uprising.  70 years ago, a group of young people – most of them in their teens, rose up against their Nazi oppressors – using homemade bombs, guns and whatever weapons they could scrape together in a desperate attempt- not to escape their fate – but to let the world know that victimization and powerlessness would no longer exclusively define the character of those caught up in the Nazi death machinery.

 

In trying to understand the enormity of evil represented by the dark period of the Shoah we must accept the fact that in some cases there can be no understanding.  To state that one and a half million children died for a reason is blasphemy.  In a world where we strive to see God’s presence, the reality of evil can eclipse even the brightest flame of holiness.

 

Our task, in remembering those precious souls who perished, must be to strengthen our resolve to call out and combat evil wherever and whenever it arises. When we are silent, we are complicit.

 

Elie Weisel – the great writer and teacher wrote:

 

"The opposite of love is not hate, it's indifference. The opposite of art is not ugliness, it's indifference. The opposite of faith is not heresy, it's indifference. And the opposite of life is not death, it's indifference." 

 

When we turn our backs to the ugliness in our world – we are desecrating God’s presence in our midst.  Let us remember that with the holiness implanted within us comes the responsibility to shine a light on both good and evil – wherever it may find itself.

I now will chant the El Malei Rachamim – the prayer of remembrance for those who perished in the Shoah.

Gardens and Gavels - Prayer for the CO State House - 4/4/13

Gardens and Gavels

Opening Prayer for the Colorado House of Representatives

Rabbi Joseph R. Black

Temple Emanuel – Denver, CO

April 4, 2013

Our God and God of Times and Seasons.

We have come here this morning to bring about change.  The dynamic process of debate and discussion that begins with drop of the speaker’s gavel, while imperfect, represents our human desire to bring our world one step closer to holiness.

Legislation will be carefully crafted.  Today is a day when our State budget will be debated. 

Words will be chosen with exquisite care – designed both to provoke and to move the hearts and souls of colleagues on opposite sides of the isle.

Alliances will be forged and broken and forged again – subject to economic feasibility, party platform, the whims of political reality and the delicate dance of public opinion.

In truth legislating and budgeting  are messy processes. 

The walls of this chamber sometimes seem to be all consuming, and yet, outside it is almost time for planting.

Those who dream of gardens know that the soil must first be prepared; last autumn’s debris removed and nutrients must be liberally applied.

The seeds that promise both blossom and harvest lie dormant in the palms of our hands – waiting to be nestled in the warm embrace of fertile soil soaked in life-giving water.

Holy Creator - may these men and women who labor on our behalf become gardeners.  Give them the strength to till the fields; to break new ground, to water new shoots and, (dare I say it?), spread the fertilizer necessary to bring to harvest a comprehensive budget for our state. 

Give them the tools they will need.  Help them to remember that the ever-changing climate of Spring will soon give way to the consistent warmth of summer. 

May ours be a balanced garden – and a balanced budget- filled with both beauty and sustenance.  May the harvest of this session overflow with goodness and compassion.

We pray for rain.  We pray for strength. We give thanks for the ability to be your partner in growing a better world.

AMEN

A Prayer in the Shadow of Violence: Invocation for the CO State House 3/21/13

A Prayer in the Shadow of Violence:

Invocation for the CO State House

March 21, 2013

Rabbi Joseph R. Black

Our God and God of all people,

We are weeping here in Colorado- can You hear us?

Once again, our State is reeling from a senseless act of brutality.  We mourn the loss of Tom Clements, director of the Colorado Department of Corrections – who was shot and killed this past Tuesday night at his home.

Whatever the circumstances surrounding this tragedy may come to be, we feel powerless and angry as, once again we confront the reality of a seemingly endless spiral of violence that plagues our communities: from Columbine, to Aurora and now, to Monument.

Here – in this chamber, the debates over gun control and violence prevention have  raged.  New laws have been enacted and signed replete with controversy. 

On our streets - tempers have flared.  Accusations have been bandied about.

But nothing has changed – if anything, the increasingly hostile rhetoric - within these walls, in the press and in public - has served to fan the flames of passion on all sides.

And so we pray:  Help us to channel our grief O God.

Give us the strength to feel shocked, angered, and resolute in our determination to forge partnerships and paths that might lead to hope and healing.

We know that there is no simple solution – and yet we also cannot rest while murder and bloodshed become commonplace on our streets, in our schools, our public places and our homes.

Let these legislators serve as role models - as beacons of balance as they labor to bring about a new era of tolerance and tenacity.   

Let them see the good in one another and put an end to the demonization of both person and party that leaches into the hearts and minds of our citizens.

At this sad and somber time we pray that any conflicts that arise during the course of deliberation might serve to elevate the sacred in our souls. 

May the words of our mouths and the meditations of our hearts be acceptable to You O God – our Rock and our Redeemer[i].

Amen

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[i] Psalm 19:14