"The Narrow Road": Blogs By Shane Kastler

Supreme Court Hears Death Penalty Case For Child Rapist; Justice Breyer Refuses To Be A "Moralist"

I’ve argued for years that the death penalty should be expanded to include some of the more heinous child molesters.  Right now, the United States Supreme Court is hearing a case that deals with the very same issue. 

           Patrick Kennedy was convicted in 1998 of raping his 8 year old step-daughter so severely that she required surgery afterwards.  Under Louisiana law, he was tried, convicted, and sentenced to the death penalty.  His lawyers have appealed the sentence as a violation of the U.S. Constitution 8^th amendment which bans “cruel and unusual punishment.”  The full text of the 8^th amendment is:  “Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.”   

            Kennedy’s argument simply doesn’t hold water for at least one very obvious reason.  The Supreme Court has already ruled, numerous times, that the death penalty by lethal injection DOES NOT constitute “cruel and unusual punishment” in cases where the victim was murdered.  Why would the penalty suddenly become “cruel and unusual” when the victim is a raped child, instead of a murdered child?       

            The court ruled in 1977 that the rape of an adult was not a severe enough crime to warrant the death penalty, but the scenario of child rape has never been tried at the Supreme Court level.  Furthermore, it’s been 44 years since anyone in America has been executed for a crime other than murder.  So, this case potentially has a lot riding on it. Oddly enough, Kennedy has found some unlikely allies to his plight.      

            Groups such as the National Association of Social Workers and the National Alliance to End Sexual Violence have argued against the death penalty in such cases, saying that if a rapist knows he’s going to get executed then he is more likely to go ahead and murder the victim rather than letting them live.  While that could be a genuine concern, it seems to miss one of the points of carrying out the death penalty in the first place, which is the issue of deterrence.  In essence, what these groups are saying is  “let’s be nice to the rapists, so they won’t kill us.”  But what I’m suggesting is that we “execute the rapists so they CAN'T kill us….or even rape us for that matter.”  The point is, we shouldn’t show leniency towards criminals based upon what they “might” do.  We should hold them to the highest level of accountability for what they HAVE ALREADY DONE.          

            In all honesty, I’m not real sure how much thought a rapist is giving to his actions to begin with.  If a man is willing to rape an 8 year old girl do you really think he wouldn’t consider murdering her as well?  Let’s face it, rape…followed by murder….happens everyday.  And often times it is carried out by someone who has already done such things in the past….and will do it again in the future if not stopped.  And what’s the best way to stop them?  Execute them….post-haste.

            In a previous article, I gave a Biblical defense for capital punishment, so I won’t rehash it here (click here to read the article).  But I will point out that, according to Scripture, some crimes are “worthy of death.”  And if child rape isn’t one of those crimes, then what is?  Sadly, but not surprisingly, the High Court seems to be divided on the issue.  In oral arguments, Justices John Roberts and Antonin Scalia, who are considered “conservative” have seemed to imply that such penalties should be legal.  Liberal Justices, like Stephen Breyer, have argued the other way.  Breyer made the particularly disturbing statement that “I am not a moralist, I am a judge.”  In other words, Breyer won’t make a “moral judgment” upon a child rapist.  My question is this:  by favoring Kennedy’s side in this case, isn’t he making a moral judgment upon the executors?  Isn’t he making a moral judgment upon the state of Louisiana?  In fact, when it’s all said and done, aren’t all legal judgments really “moral” judgments?

            I certainly understand Breyer’s point that a judge’s job is to uphold the written law rather than forcing personal morality upon the people.  But our written law IS our morality, and it’s a judge’s job to protect it and see that it is upheld.  And nothing in our written, moral law (i.e., Constitution) says anything about protecting child rapists from the just reward that they have earned by their abhorrent actions.  And to be honest, it’s more than a little disturbing to hear a Supreme Court Justice who appears unwilling to at least concede that the raping of a child is an “immoral” act.

          It will be interesting to see how this case ends up.  I have every confidence that John Roberts, Antonin Scalia, Clarence Thomas, and Samuel Alito will make the right decision.  As for the other 5 Justices?  Who knows what they will do.  One of them refuses to be a “moralist.”  Which means, in the end, he may decide to refuse to be an effective “Judge” as well.  Five states have already passed laws allowing the death penalty for child rapists (Louisiana, Oklahoma, Texas, South Carolina, and Montana ).  Let’s hope our nation’s highest court allows them to carry out the punishment these child rapists so fully deserve.  And then other states will begin to follow suit.

Pastor David McKinley’s Letter to The Kansas City Star On Capital Punishment

I think there’s something about the air particles that reside in the pastor’s office at The First Christian Church of Pleasanton. Something here compels a person to write and publicize when they see injustices done. I’ve written several letters to the editor over the years…as well as over 100 blogs because sometimes you have to speak out, lest you start to loose sleep over your silence. It must be the air in my office. But I’m glad to see my predecessor David McKinley still has some of that contaminated air in his lungs as well. This morning’s Kansas City Star published a letter to the editor from David, concerning the Kelsey Smith murder and the need for the death penalty to be pursued in this case. I am in complete agreement with David, and was glad to see him using his prolific pen to influence Kansas City for the good. To read David’s letter, as well as the comments from readers, you can go to the Kansas City Star’s blog site, by clicking here. When you do, you’ll notice the first commenter was some guy named Shane who whole-heartedly agreed with Rev. McKinley.

In other blogs, including one I recently wrote on Kelsey Smith, I’ve stated my strong belief in the validity of capital punishment. Another letter to the editor, included with David’s, mentions the need for lessened gun control so someone like Kelsey could legally defend herself in such a situation. While I don’t want to step back into the gun control debate in this blog (though I’ve made my thoughts known on that topic as well), I do think it is very telling to note that the man who murdered Kelsey Smith could possibly get ONLY 25 years in prison, while Kelsey, if she had a gun and defended herself, could have ended up with a similar sentence (if not worse). The philosophical and moral issue here is that in an ironically twisted way, the government at times protects cold-blooded murders with greater zeal than it does innocent, vulnerable citizens (abortion is a classic example as well). It’s just another indication that our justice system in in danger of going AWOL from its original purpose of keeping the peace by protecting the citizens from psychotic savagery like the Smith murder.

Thanks David for writing your letter. I’m glad to see the KC Star did the right thing by printing it. Let’s hope and pray that justice is served to the fullest extent of the law in this case. So maybe future tragedies like this one can be avoided.

The Kelsey Smith Tragedy: Depravity Shown & Justice Hoped For

Police have announced that they found the body of Kelsey Smith, the 18 year-old Overland Park, Kansas girl who had been missing since last Saturday. She was last seen at a Target store on Quivera Avenue, where she was apparently followed into the store by a man who rushed her in the parking lot, forcing her into her own car. All of this was confirmed by surveillance video from the store and the parking lot. The personally weird part of this story for me is that on that same afternoon, I was in Overland Park, at a Target Store, sitting in the parking lot.

We had left our older kids in Pleasanton so Erin and I could get away to do some birthday shopping for the kids. We had gone to several stores, and our last stop was Target on Metcalf Avenue. I did what I frequently do when shopping….I begged my wife to let me stay in the van, while she ran inside to shop. She obliged, so Karissa and I parked the van on the far edge of the parking lot, where I backed in so I could see everything. I frequently do this so I can watch the front doors for Erin to come out, then I go and pick her up as close to the front door as I can. I usually listen to the radio and just watch people walk by. The interesting thing is that no one ever notices me. People will park right next to me and pick their nose or scratch themselves, completely unaware that there’s a person sitting in that van right next to them.

In Kelsey Smith’s case, I can’t help but ask…what if? What if she had gone shopping just one hour earlier?…and what if she had decided to go to the OTHER Target in Overland Park on Metcalf? Chances are I would have witnessed the whole ordeal. What if the lunatic had saw my wife alone in the store and decided to follow her instead. (Needless to say he would have found a very irate husband once he got to our van). What if there had been another “anti-shopping” husband like me at the other Target when Kelsey was abducted? It’s so hard to believe that this could happen at a busy store in broad daylight without anyone seeing it. Even if there was no one visibly around (and no doubt the bad guy checked), surely you would think someone would have been sitting in their car and seen this man rush up behind her. Of course you can beat yourself up with the “what ifs.” And no doubt Kelsey’s family and friends will be “what if-ing” this one for a long time. But in the end, there’s nothing to do but mourn the loss of a young and promising life, and pray that justice is served.

Sometimes things happen to remind us of the rampant depravity that exists in a sin-cursed world. This is simply the latest example, and it serves as a reminder to be on your guard. I told Erin that if anyone ever tries to force her into a car like that, she should call their bluff and just tell them to shoot her. It seems their plans are usually to kill anyway, after they rape or mutilate. Dare them to shoot you in broad daylight with potential witnesses around. Most would be too cowardly for that. Of course, Kelsey Smith was surprised from behind and forced into her car. It seems she never really had a fighting chance.

I’ve always said that these kind of stories bother me a lot more since I have daughters. Every violent crime committed against a female, makes me think of my girls. It sickens me to dwell on what could happen in this world today. And it makes me glad to live in a country where justice can still be served. Kelsey’s dad is a police officer who will no doubt struggle to hide his rage when the killer is found. If I were him, I would want to have just 5 minutes alone with the creep in a dark alley. Just him, me, and a crow bar. But ultimately, it’s not necessary, because justice will be served. At least we hope it is. I hope the responsible party is caught, tried, convicted, converted, and then promptly executed. I don’t wish eternal Hell on anyone, so I hope the man gets saved. But I also don’t believe in letting crime go unpunished, so I hope the man is put to death. It won’t replace Kelsey, but it may put the family a little more at ease. Additionally, it will let other psychos know that if you kill someone in Kansas, you’re going to pay the ultimate price. And as a father of daughters in Kansas, I desperately want perverted wackos to be afraid of attacking innocent females. But most of all, I want to see justice served, simply because it’s just. It’s right. And thankfully, right now, capital punishment is the law of the land.

We should keep the Smith family in our prayers. Their ordeal has just begun, and they’ll need much strength to get through it. My heart goes out to them, as I know they have to be in total shock right now. My prayer is that God will be their peace in the midst of this storm. Our world is a very messed up place, and this is just the latest example. May God comfort the family and friends of Kelsey Smith. And may God guide the process of justice being served.

Should Christians Support the Death Penalty? --- Some Thoughts on Saddam Hussein and Justice

The recent execution of Saddam Hussein once again brings a controversial topic to the forefront:  Capital Punishment.  Many have seen the vivid pictures of Saddam with a noose around his neck being marched to the gallows.  He was tried and convicted by an Iraqi court for crimes against humanity.  Saddam was arrogant and defiant through much of the trial….and apparently remained so up until his death.  His guilt is not questioned.  He was an absolutely despicable creature who had multitudes of innocent people tortured and executed.  In his younger days, he had murdered opponents with his own hands.  He once even had his own son-in-law knocked off.  Assuredly, he wasn’t the first father-in-law to consider that, but few actually go through with it.  But that was Saddam…..an evil, violent, and barbaric legacy…..that ended last week when the tables were turned on him, and HE experienced a taste of his own medicine.  But how should Christians view the death of Saddam, and the Death Penalty in general?

            For Saddam Hussein, the eternal “weeping and gnashing of teeth” has only just begun.  In his last words, while waiting for the floor to open, Saddam was reciting a prayer to Allah and his “prophet” Mohammed.  It’s a well-known mantra to Muslims:  “There is no God but Allah, and Mohammed is his prophet.”  The last word Saddam uttered before entering eternity was “Mohammed.”  Unfortunately for Saddam, he was calling upon the WRONG PERSON for salvation.  Speaking of Jesus, the Bible says, “There is salvation in no one else; for there is no other name under heaven that has been given among men by which we must be saved.” (Acts 2:12 NASB)  Saddam chose the wrong path, and he’s paying for it at this very moment.  We should shudder to imagine what his soul is enduring RIGHT NOW.  And it should motivate us to share the gospel with the lost we encounter daily----They’re not all evil dictators, but they are all “evil sinners” (Luke 11:13, Romans 3:10) who will perish apart from Christ.  But here’s another thought concerning Saddam, and others who are executed for their crimes------JUSTICE WAS SERVED.

            If you oppose the Death Penalty…..I can respect your opinion.  I’m willing to debate it….I just happen to think the Death Penalty is just, it’s suitable, and it’s even Biblical.  I once worked with a man who was a “far left liberal.”  Needless to say, we didn’t agree on a lot of political issues, since I’m a “far right conservative.”  I like to joke that I’m SO politically conservative that I make Rush Limbaugh look like a Kennedy.  In all honesty most Republican politicians are too liberal for me, so the “far left liberal Democrat” seems like a Martian to me.  When I encounter one, I tend to roll my eyes and scratch my head quite a bit, but that’s beside the point.  Anyway, back to my former co-worker.  He was a liberal, who opposed the Death Penalty (that’s common)….but he ALSO opposed abortion (that’s UN-common).  His rationale was that taking life is always wrong, no matter who it is.  I understood his logic.  It made sense.  And I really appreciated his stand on abortion.  In fact, I think Bill O’Reilly holds the same position…..but here’s where it falls apart.  There is a DRAMATIC difference between an innocent child minding his own business in his mother’s womb AND a ruthless, cold-blooded murderer.  Whether we like it or not-----THERE ARE SOME CRIMES WORTHY OF DEATH….and governments are God’s appointed institutions to see justice served….at least that’s what the Bible says.  Paul wrote about Christians living under Roman rule and said:  “But if you do what is evil, be afraid; for it does not bear the sword for nothing; for it is a minister of God, an avenger who brings wrath on the one who practices evil.” (Romans 13:4 NASB) 

            When you live under a totalitarian government, you should cry out to God for justice from the evil that has authority over you.  When you live under a “just government,” you should thank God for His blessings and delight in seeing justice served. 

America has a “just government” that executes those “worthy of death.”  NOW, Iraq does too…and justice was served on Saddam Hussein.  Of course there’s no guarantee that the “just government” will remain “just.” America is “just” but it’s not as “just” as it should be.  I believe in considering someone innocent, until they’re proven guilty….but once they’re proven guilty, I believe in letting the law of the land prevail.  Cold blooded murders should be executed.  When people ask me my view of the Death Penalty, I tell them I have a problem with it…..NOT BECAUSE I oppose it, but because I believe it should be expanded to include other criminals.  Lunatics who rape children should be sentenced to death.  Don’t get me wrong….I hope they repent, I hope they turn to Christ….but they have committed a crime “worthy of death” and should pay the ultimate price for it.  No little girl or boy should have to grow up with the fear of once again encountering the psycho who tortured them.  But that’s my opinion….and it’s why I make Limbaugh look like a Kennedy.

            Strangely enough, many liberals in our country want to do away with the Death Penalty completely.  Every time a convicted killer is executed, there will be picketers outside the prison defending the convict.  The picketers may think they’re sweet, and maybe they are……but they’re NOT just.  Justice should be served. 

            Of course the greatest irony of all is that many of the people who oppose Capital Punishment also SUPPORT abortion.  This has to be one of the most bizarre lapses of logic and decency.  They defend guilty murderers……and support the execution of INNOCENT CHILDREN.  That’s just warped!….There’s no other way to describe it.  It’s just warped!  But that type of “warped” thinking is prevalent in our country today, and is well represented in Washington D.C. God is handing us over to our depravity….but I’ve already addressed that in a previous blog (The Judgment Our Nation Deserves), so I won’t go there again.

            But I do want to mention a few Bible verses that relate to Capital Punishment.  Those who oppose Capital Punishment will often sight the Sixth Commandment, “Thou Shall Not Kill.” (Exodus 20)  This is such a ridiculous argument it hardly needs defended, but I’ll defend it anyway.  First of all, the Hebrew word translated “kill” is much more accurate when it’s translated “murder.”  The commandment is not addressing irritated campers who swat mosquitoes to death.  It’s addressing MURDERERS.  Secondly, and this is the biggest argument against those who use this verse to oppose Capital Punishment-----READ THE REST OF THE BOOK!.....The Old Testament gives detailed instructions for Capital Punishment.  The Israelites were frequently commanded by God to “purge the evil from their midst.”  Old Testament law HEAVILY taught Capital Punishment for whole lot more than just murderers.  Everything from homosexuals to kids who sassed their parents could be executed.  So if you want to oppose the Death Penalty, DON’T go the Old Testament for support.  But what about the New Testament?

            I’ve already cited Romans 13 above.  Here’s a couple more verses.  When Paul was defending himself before the Roman Governor Festus, he made this statement:  "If, then, I am a wrongdoer and have committed anything worthy of death, I do not refuse to die; but if none of those things is true of which these men accuse me, no one can hand me over to them. I appeal to Caesar.” (Acts 25:11 NASB)  Paul is clearly saying that some crimes are “worthy of death.”  In fact he says he’s willing to be executed, if he has committed any of those crimes. 

            When Peter tried to defend Jesus by attacking a Roman soldier with a sword, Jesus said, “Put your sword back into its place; for all those who take up the sword shall perish by the sword.”--Matt 26:52 (NASB) This could be seen as a reference to one dying in battle, or when you consider what Paul said in Romans 13, this could be a reference to Capital Punishment.  Peter was attacking a government official with a sword, and could face execution himself for such an act.

            When a government executes a guilty murderer….justice is served.  Justice is an attribute of God, and we should be glad to see anything remotely related to God coming from a government that so frequently opposes God.  As a native Oklahoman, I was glad to see the Oklahoma City bomber Timothy McVeigh get executed.  Justice was served.  As an American, I would be glad to see Osama bin Laden executed.  Justice would be served.  And as a decent “earthling”….I was glad to see Saddam Hussein get executed.  Justice was served.  I don’t desire to see anyone go to Hell.  I wish McVeigh and Hussein would have repented and turned to Christ……they would NOT.  They remained unrepentant and defiant until the end.  I also wish bin Laden would turn to Christ.  Impossible?  No.  With God, “all things are possible.” (Mark 10:27)  If Saul of Tarsus can become Paul the Apostle…..ANYTHING can happen.  But regardless of what MIGHT happen.  We would do well to support what SHOULD happen.  Criminals should be arrested and prosecuted.  And those worthy of death….should be executed.  Then, and only then…..Justice will be served.