BS”D
This is a really tough issue on so many levels. One needs a serious Adam Gadol to ask on how to handle a lot of these questions not in a conversation in a coffee room (for example seeking or going against the death penalty or something that would likely cause death by the hands of other inmates). I also hope YW is consulting with someone.
1) On BPT post on the “Tookie” discussion. It just so happens to be I was learning Makkos, and (as always when learning any gemara) I checked out the Kollel Iyun Hadaf. Very interesting piece: http://dafyomi.co.il/makos/insites/ma-dt-013.htm
Here’s the question:
QUESTION: Rebbi Akiva states that every prohibition that is punishable with Kares also carries with it the possibility for the punishment of lashes. This does not apply to prohibitions punishable with a death penalty, since those transgressors already receive death as a corporal punishment. Rebbi Akiva explains that this is just and fair, since it is possible that the person who is Chayav Kares might only receive Malkus and not an additional punishment of Kares, because he might do Teshuvah and repent before he dies, in which case Hash-m will not give him Kares.
RASHI (DH Rebbi Akiva) explains that Rebbi Akiva means to say that his statement does not contradict the verse which teaches that one cannot be punished with two punishments for one act. Rebbi Akiva’s opinion is consistent with that rule, because a person can exempt himself from the punishment of Kares by doing Teshuvah, and thus he receives only Malkus.
However, there is another difficulty with the statement of Rebbi Akiva. Hash-m accepts a person’s genuine Teshuvah and absolves him from punishment. Why, then, does Beis Din not do the same? Why does Beis Din punish the penitent with Misah or with Malkus, if Hash-m does not punish such a person? Just as Hash-m forgives the person’s obligation of Kares, Beis Din also should absolve the Ba’al Teshuvah from Misah or Malkus. –AD KAN LESHONO–
(See link for answers- one is exactly l’havdil as the caller).
I think the goyim also have a mitzvah in a similar regatd but in regards to a Jew in a secular country. Ask a serious Rabbi.
2) Again, I have no idea what is the right course of action and as with anyone I am still in shock from the whole thing. I did think though of a case recently where a Yid in Florida got the death penalty for brutally murdering a police officer in his later youth. He since (after being on death row) did teshuva, and many people and askanim worked to have him not receive the death penalty. One of the sticky things about it was that it reeked of a double standard (that is to the goyim) because we never seem to protest a goy killing another goy getting the death penalty. So if it is true (which I imagine it is since unfortunately we don’t have beis din, let alone eidim in this particular case) that he is not l’halacha supposed to get the death penalty and we make it known publically. It could a good thing… don’t know.
Bsoros Tovos
DQB