The mass murderer of 11 innocent people at the Tree of Life Synagogue in Pittsburgh will go on trial in April. The Justice Department is seeking the death penalty. What do we think of that? Two questions present themselves.
First, if we were to look for wisdom from Jewish sources, should the Tree of Life mass murderer be sentenced to life in prison,
or the death penalty? One of the strongest arguments against the death penalty is concern that the justice system might makes a mistake and convict and execute an innocent person. That is not a concern here. There is 100% certainty that on October 27, 2018, at the Tree of Life synagogue in Pittsburgh, the defendant murdered 11 innocent human beings. If we know that he did this unspeakable act of evil, would the primary Jewish source suggest that this is one of the rare times we would favor capital punishment, or not?
Remember, however, that mass shootings in America are tragically and depressingly all too common. If you believe that the defendant in the Tree of Life murders should receive the death penalty, would you advocate for the same result for all the defendants guilty of murdering innocent people in mass shootings? There are a heartbreaking lot of them.
Second, with what organ do we decide this question: our head or our heart? You will remember the first question in the famous debate of Governor Dukakis and Vice President Bush in 1988. If Kitty Dukakis were raped and murdered, would the Governor support the death penalty? The Governor answered all head, no heart, and many thought he lost the election in that moment.
Are feelings of anger, revenge, and tribal connection appropriate or not appropriate as we think about the worst massacre of Jews on American soil in American Jewish history coming to trial in a few weeks?