UMPH - Review:

Reviewed by Dan Dick

Jesus on Death Row: The Trial of Jesus and American Capital Punishment, by Mark Osler

Abingdon Press, 2008
ISBN 9780687647569
$16.00…discounted 30% until Aug. 1…$11.20

Mark Osler has done a truly remarkable thing. He has written a book about Jesus that hasn’t already been written a hundred times before. Jesus on Death Row is a refreshingly new perspective on the old, old story of the trial and execution of Jesus. It compares and contrasts the parallel processes of modern legal procedure with the events leading up to Jesus’ crucifixion. The book elucidates contemporary practices of law in the United States while raising some fascinating questions about Jesus’ last few hours on earth (the first time).

Osler is upfront and honest about his limitations as a theologian, while still employing a critical eye and a keen intellect as he explores the correlations between the gospel accounts and modern trials and procedures. There is no claim made that Jesus’ trial informs modern legal practice, nor that the intricacies of current law practice in the Western world fully explain (or are relevant) to Roman law of the first century. Jesus on Death Row simply offers an “ah-ha,” an observation that we can learn more about both the trial and execution of Jesus and the legitimacy and limitations of modern law through a step-by-step comparison of the two.

The analysis of similarities and differences follows the story of the arrest, trials, and execution of Jesus. The parallels are striking. From gathering evidence to assembling witnesses to initial appearance and charges through trial, appeals, verdict, and ultimately, execution, the gospel story and contemporary processes travel remarkably similar paths.

Gospel Accounts

Attempt to get Jesus to incriminate himself
Pay Judas to betray Jesus
Arrest Jesus in isolated spot at night
Maiming the slave, resistance
Jesus before Annas
The Last Supper
The trial of Jesus with 'guilty' verdict
Witnesses to blasphemy, with contradictions
High priest rips his garment
The appeal to Pilate
Sent to Herod to overturn verdict
Possibility of clemency from Pilate-release of Jesus or Barabbas
Humiliation of Jesus-mocking, spitting, crown
Crucifixion-violent, painful, horrible death
Soldiers take remaining possessions from Jesus
Execution of an innocent man
Isolation of Jesus on the cross-everyone deserted him

Modern Legal Practice

Seek inculpatory(self-incriminating) statements
Use paid informants
Plan strategic arrest-when least expected
Use of force, intimidation
Initial appearance, charges
The last meal
Charges, evidence, application of law, verdict
Witnesses, usually with conflicting stories
Prosecutors use of theatrics
The appellate process
Process of Habeas Corpus-denied
Eleventh hour stay of execution(clemency)from the Governor
Use of humiliation as crime deterrent
Prohibition of cruel and unusual punishment
Principle of forfeiture on the part of convicted criminals
Execution of innocents
The aloneness and isolation of criminals on death row

Mark Osler offers a real perspective of grace–a new set of lenses through which to view a story that has become all too familiar. More than that, he calls into question the merits of capital punishment in general. What was done to Jesus of Nazareth so long ago was wrong on so many levels, yet we continue to employ similar processes and procedures to this day, and many Christians support them. Osler concludes the book with a reflection on the story from John’s gospel of the woman caught in the act of adultery. He notes that Jesus’ response is to put a stop to an act of capital punishment well within the law of the day. “It should affect a Christian’s view of the death penalty that Christ came upon a legal execution and stopped it, saying that the executioners lacked the moral authority to exact that punishment… In the end, this might be the example that Christ offers as we consider capital punishment, suggesting that we remove ourselves from the mob and quietly hold up the question before our consciences and faith. For those of us who follow a religion whose central narrative is an execution and its aftermath, we owe at least that to our God.” (p. 144)