Correspondence on severity and clemency

As I have been thinking about some topics that are being publicly debated right now, whether it is the appropriateness of the death penalty or policy regarding illegal aliens, it occurs to me that much of the debate revolves around the issue of balancing justice with mercy where someone has broken the law. You have not only the offense itself and what the offense objectively deserves, but you have also to deal with the offender as a person and with those who are affected by the offense. In some cases, the person making the sentence or the law or policy will take a position that has more of severity than of lenience in it. In other cases, it will go the other way.

I had the occasion at one point to discuss this issue as it related to my own family. In the summer of 2013, my brother Caleb murdered his wife Andrea. He confessed to the crime and gave the police details that only the murderer could have known. The public did not become aware of his confession until October of that year.

I had been in communication with a lady who was a close friend of Andrea's. She wrote me after the confession was revealed in court, and she raised the subject of sentencing. Below is part of my reply before it was translated into Spanish:

"I appreciate your prayers for everyone involved in this tragedy. I want to respond to some of the things that you expressed, so that you will know better what to pray for.

In this life, Caleb will be judged by the law of the state of Virginia. No human law is perfect, but we respect the law because God appointed the government for the punishment of those who do wrong and the praise of those who do right. All law on this earth has elements both of justice and of mercy. No one deserves mercy, but government is sometimes like God by showing mercy. Augustine, bishop of Hippo, wrote a letter once to a government official who had asked him how to respond to requests for mercy. Augustine explained that there are times to be merciful and there are times to be severe.

If we as Caleb's family try to help him receive mercy from the court, it will be because we think there are reasons to show mercy.  Not everyone will think that. Some will think...that he should receive the heaviest sentence possible.  They need to say and do what they think they ought to say and do, and we will try not to take it personally.

I believe that the most important thing for Caleb is not the court's decision, but that he is right with God. I have communicated with him about that both before and after I learned about the confession, and that communication continues. He also has the benefit of a chaplain."