Death by sentence

[Jessie Fong]

One of the basic precepts as taught by Buddha is to abstain from killing living beings.

How does this apply to a country's law that enforces the death sentence? 
Does the judge (and/or jury) suffer the the karma of taking a life?
How does it affect group karma, nation karma?
How would they need to purify?  Can hey purify?

[dondrup]

One of the basic precepts as taught by Buddha is to abstain from killing living beings.

How does this apply to a country's law that enforces the death sentence? 

Karma is karma.  There is no discrimination whether it is done by an individual or by a nation.  When a country’s law enforces the death sentence, the citizens of the country concerned will reap the result of killing by death sentencing.  The law of a country is made by its citizens.  The citizens may choose to amend its country laws by not enforcing death sentencing. 

Does the judge (and/or jury) suffer the the karma of taking a life?

Yes. The judge and jury are both equally subject to the law of karma and hence will suffer the effects of being part of the party who pass the death sentence. Both the judge and jury have a choice not to be part of the party who pass the death sentence.   A judge’s job requires him to make many judgements daily in his line of work and that includes making death sentence.  Buddha had spoken about the right livelihood which is part of the Noble Eightfold Path.  The judge could have chosen a right livelihood, another career not in the process of ‘killing’.

How does it affect group karma, nation karma?

Collectively as a nation, they experience the results of taking someone’s life upon passing of a death sentence even though every citizen is not physically involved in the death sentencing judgement.

How would they need to purify?  Can hey purify?

Do something to reverse the law on death sentencing.  Encourage reforms instead of death sentencing.  Enforce life sentence instead of death sentence. Do Buddhist purification practices extensively in order to purify the whole nation.

[sonamdhargey]

Yes the judge, jury & prosecutor will accumulate negative karma for killing. One cannot escape the law of cause and effect and must face their consequences of their negative karma.

"An action, even if it brings benefit to oneself, cannot be considered a good action if it causes physical and mental pain to another being". The Buddha

"If a person foolishly does me wrong, I will return to him the protection of my boundless love. The more evil that comes from him, the more good will go from me". The Buddha

[Q]

One of the basic precepts as taught by Buddha is to abstain from killing living beings.

How does this apply to a country's law that enforces the death sentence? 
Does the judge (and/or jury) suffer the the karma of taking a life?
How does it affect group karma, nation karma?
How would they need to purify?  Can hey purify?

The Buddha said "an action, even if it brings benefit to oneself, cannot be considered a good action if it brings physical and mental harm to another being."

In reference to the Buddha's quote, it is obvious that death sentence is not something that would be of benefit to any party that is involved.

Buddhists believe in samsara, the cyclic existence and continuation of the mind even upon death. Death sentence merely ends the 'criminal' of his physical existence, not his true existence. People who practice and understands the Buddha's teachings will know that and will see the redundancy of carrying out or even condemning a person to a death sentence.

However, more importantly, by carrying out these capital punishment... laws by which is created and fabricated by man; will cause no one to be free of collecting immense negative karma. Just because we are right in the eyes of men, doesn't mean we'll be free from karma. And just because we did not decree the death sentence to a particular person does not mean we are not guilty of the karma. Pursuing the wish to put an offender under death sentence will compromise both the offender and punisher's future lives.

I do not think there is any country in this world that have Buddhism as their official religion... however if there is one, then I believe punishments on offenders is done to prevent them from harming others and themselves further.

In Buddhist teachings, punishments carried out should strongly in these terms:

• Reformatory methods rather than harming the offenders. Inhumane treatment towards the offenders will not solve or reverse the damage that was done after all...
• If the offence is too severe, banishment and separation from the community may be needed
• The punishment should only be in the extent of making amends and then the society would have the responsibility to rehabilitate the offender into the local community
• The reason for the absence of severe punishment is because no punishment can be carried out with compassion and composure. Therefore, treating an offender with extreme cruelty will damage the offender's mind as well as the punisher.

Therefore, in reference to the explanation above, to answer your questions:

The application of death sentence in the country law depends varies. For example, although Thailand has a fairly large population of Buddhists and applies the Buddha's teachings, the death penalty still stays within the law. Why certain Buddhist countries still retains the death penalty are:

• A long tradition that has been practised in the particular country
• The existence of political unrest and economy instability (keeping prisoners are expensive...)
• As a method to decrease unrest in the country... even if it's against the Buddha's teachings

The judge, jury, prosecutor, and all those that has played any role to bring the offender to the gallows accumulates negative karma...

As for group karma and nation karma... To me, I believe it is always because of a person's own negative karma that brings them to this situation... to bring them into an environment that causes them to create more negative karma. In this sense, paying attention to one's own collection of karma and purifying it is more important.

Can they purify? Or course they can. Buddha taught us methods to free ourselves from samsara. Buddha gave us solutions, not just facts of life. Depending on the which lineage, the method of purification would differ. For example, one can do the 35 Confessional Buddhas, prostrations or Vajrasattva. One can also practice the reverse of taking life, to liberating lives (ie releasing animals, going vegetarians etc.) any activity that does not claim a sentient being's life.

[ratanasutra]

Killing is killing whether we do it with good intention, because of duty, by law etc there are consequence for it.

How does this apply to a country's law that enforces the death sentence? 

The citizen in country will share the consequence together base on karma unless there will be a change of law

Does the judge (and/or jury) suffer the the karma of taking a life? 

Definitely they will collect negative karma from their actions, how the heavy karma depend on the degree of their action. And for them to be in this environment, involved, work in this position they have negative karma for that.

How does it affect group karma, nation karma?

Yes, to be involve, born and stay in the country that have this type of law we have create the karma to be there.

How would they need to purify?  Can hey purify?

Of course, they really need to purify their negative karma so that it not multiple and carry on to future life time. There are many of purification practice that they can engage such as prostration, 35 confessional Buddha, Vajrasattva practice, built the stupa, statue, cleaning the temple etc 

[Vajraprotector]

I agree with what Dondup said, especially about the part of choosing reform instead of death sentence, the citizens make the law, we should look at other means available and refrain from harming others.

Buddhists believe that nothing happens at random because every action gives rise to effects/results that we experience either immediately or in the future. If we refrain from non-virtuous actions such as killing, then that will ensure that we ourselves do not become victims of murder by not creating the causes to experience that. If we do experience such misfortunes, we recognise that they happened only because of similar actions we committed in the past and we bear the full responsibility for it and not blame others.

The Sakya Pandita said, “Howsoever anyone breaks the law, they may win for a while, but in the end, they lose.” Karma is not subjected to the inequities and arbitrariness of any legal system but will run its course. Even though someone may appear to get away with breaking the law, in the long run, the results of the negative actions will ripen and one will have to experience the negative repercussions.

Based on the above, I think that death penalty is unnecessary, because the person who violates the law by committing murder will definitely bear the karmic repercussions.  Also, countering violence with violence only results in more violence.

[Jessie Fong]

Killing is killing whether we do it with good intention, because of duty, by law etc there are consequence for it.

How does this apply to a country's law that enforces the death sentence? 

The citizen in country will share the consequence together base on karma unless there will be a change of law

Does the judge (and/or jury) suffer the the karma of taking a life? 

Definitely they will collect negative karma from their actions, how the heavy karma depend on the degree of their action. And for them to be in this environment, involved, work in this position they have negative karma for that.

How does it affect group karma, nation karma?

Yes, to be involve, born and stay in the country that have this type of law we have create the karma to be there.

How would they need to purify?  Can hey purify?

Of course, they really need to purify their negative karma so that it not multiple and carry on to future life time. There are many of purification practice that they can engage such as prostration, 35 confessional Buddha, Vajrasattva practice, built the stupa, statue, cleaning the temple etc

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Well and fine when we are talking about Buddhists who are in involved, we can urge them to engage in purification practice.  What about people from other faiths; what if they are insistent that the law is the law? 

Then by their action of non-reaction they will affect everyone else's karma?
Is it enough that only some people purify while others do not - is their act enough purification for the rest?

[dsiluvu]

Well and fine when we are talking about Buddhists who are in involved, we can urge them to engage in purification practice.  What about people from other faiths; what if they are insistent that the law is the law?

There are so many ways and one good one that was mentioned by dondrup is Do something to reverse. So what is this reverse thing? Well since not everyone is Buddhist and can get in to the purification practices. Since we are taking lives here, we should give life back. It can be various forms  and one such popular action is letting go of birds, fishes, animals, saving an animal from a shelter home or one that is about to put down. All these animals that u save is a direct cause for u to purify the death karma/horrible ailment karma... for instance u can buy all those fishes in the tanks in a Chinese restaurants ( i always see that in Chinese restaurants) and release them back in to their natural habitat. Help feed the stray dog or if u see any injured one, go help bring the dog to a vet.

You can also help and feed the homeless. It's a community thing and you get to relief someone's hunger and pain for a day. Volunteer your time at a Children's hospital or a cancer hospital. Do charity like sponsor a child in Africa. Sponsor food to the homeless, sick and elderly. Go visit an old folks retirement home and bring joy in to their lives, feed them, wash them, talk to them.

These are just some off my head which I think has direct counter to reversing the situation and making it all more balanced. Yes these are considered positive of good karma which has nothing to do with religion but everything with paying it forward with kindness.

Then by their action of non-reaction they will affect everyone else's karma?

Of course it does... and it affects so many because it is a group karma. E.g. Tibetans who lost their country is also part of their karma for experiencing this unfortunate circumstance... before they were Buddhist, they were warriors  and I am sure they also killed a lot of people before learning the Dharma.

Is it enough that only some people purify while others do not - is their act enough purification for the rest?

Each one is subjected to their own karma... hence each individual will reap whatever they sow... as a group, everyone needs to do their part n pull their own weight... this is a rather tricky one, unless ur a govt that enforces one to do the "reverse" good.... and u know the saying goes...
"IT STARTS WITH YOU" 

[biggyboy]

Buddhism does not really differentiate what kind of killing. Killing is killing and passing death sentence is killing.

How does this apply to a country's law that enforces the death sentence?
How does it affect group karma, nation karma?

 
In the first place, who sets and enforce the law? Members of the Parliament of that country who were appointed or voted by the citizen of the country to represent them made and passes the law.  Hence, indirectly, the citizen passes them.  It's the collective karma for the collective sentence passed.

Does the judge (and/or jury) suffer the the karma of taking a life?

Wouldn't the karma falls on the citizen too other than the judge and juries?  In Buddhism, every action counts be it good or bad, individual or collective.  There's no exception to whom will have the karma.  Judgement of karma is definite for all and recorded.

How would they need to purify?  Can they purify?

Unless, there's a change of law instead of passing death sentence, life imprisonment would be better choice. 

Interesting findings to share...

There is the story of how in a previous life the Buddha killed a mass-murderer on a ship to save the lives of the other travelers on board. The context in which Buddha told this avadana story to his disciples is interesting and relevant to the overall point I am trying to make. One day a disciple noticed that the Buddha had received a wound on his feet. The disciple asked how this could happen to some one who had attained nirvana. The Buddha then told his disciples the above story.

The lesson being that no one can wholly escape the consequence of a violent deed even if its performance is necessary and righteous. But there is another logical corollary to the story, that if the Buddha had chosen, for reasons of cowardice or ethical fastidiousness, not to kill the murderer and not to save those many lives, he would have committed a more far more immoral and evil act.

[kurava]

Personally, I think the negative karma arise from death sentence does not limit to the judge, executioner or law enforcement officers only. The law of the land is passed by the people under the democratic system. Therefore if a country carries out death sentence , the whole nation is one way or another to be held accountable for its negative effect. Why? It is due to poor moral discipline that people resorts to violence. Which in other words, virtues have not been embraced by the people and using one negative act to combat another one is simply not the solution :-

"Buddhists believe that nothing happens at random because every action gives rise to effects/results that we experience either immediately or in the future. If we refrain from non-virtuous actions such as killing, then that will ensure that we ourselves do not become victims of murder by not creating the causes to experience that. If we do experience such misfortunes, we recognise that they happened only because of similar actions we committed in the past and we bear the full responsibility for it and not blame others. " - Vajraprotector

Individually , one is responsible for every negative result one experiences because without planting the cause one will not have such experience. Collectively, this too applies. Buddhism expands this law of cause and effect to include the butterfly effect of how one single act by one individual can have a chain effects and results throughout the entire world system. Based on the same reasoning, every citizen of a nation which carries death sentence in their penal code will have the negative karma arises from this law .

[KhedrubGyatso]

There is no perfection in anything we acquire, do or experience ,as long as we are living in samsara. This applies not only to bad actions but also to virtuous ones. This is because they are all contaminated actions due to our contaminated mind and body.
The way to deal with any situation would have to be based on the lesser of the two evils rationale and with  min suffering as criteria.
Death penalties are not imposed based on anyone person's decision. Even an emperor or dictator's powers over another's life are due to the people allowing him such powers or not doing anything to stop him. In a democracy , when eventually an accused is given the sentence, it is only done after due process of many trials and the accused given all opportunities to defend. Since the laws and punishment are man made collectively and individually, all will share out the negative karma of  the death of a living being. What remains is to what degree. If a judge is bribed to pronounce such a judgment then obviuosly he will incur very heavy karma. If he had made the decision objectively and according to the powers vested in him and had ruled according to the rules he is bound, then it is a shared karma with all. Actually any decent country's laws with respect to death penalty is to discourage rather than favour the death penalty being implemented. So there is some moral consideration to sacredness of life even for the worst criminals.

[Dondrup Shugden]

"Yes. The judge and jury are both equally subject to the law of karma and hence will suffer the effects of being part of the party who pass the death sentence. Both the judge and jury have a choice not to be part of the party who pass the death sentence.   A judge’s job requires him to make many judgements daily in his line of work and that includes making death sentence.  Buddha had spoken about the right livelihood which is part of the Noble Eightfold Path.  The judge could have chosen a right livelihood, another career not in the process of ‘killing’."

This is awesome from Buddhist point of view on Death by Sentence. The simple fact from a Buddhist vow of DO NOT KILL leads to the deeper meaning of rightful and wrongful livelihood.  This is the beauty of the Dharma there is nothing that stands alone and everything is the result of dependant arising.

Understanding dependant arising, (which had been termed as relative or conventional truth) will result in understanding of Emptiness, the Ultimate truth.  Our delusions and habituation and perceptions are our obscurations.