Capital Punishment: Teaching Tradition of the Catholic Church

Catechism of the Catholic Church 2265 Legitimate defense can be not only a right but a grave duty for one who is responsible for the lives of others. The defense of the common good requires that an unjust aggressor be rendered unable to cause harm. For this reason, those who legitimately hold authority also have the right to use arms to repel aggressors against the civil community entrusted to their responsibility. 2266 "The efforts of the state to curb the spread of behavior harmful to people's rights and to the basic rules of civil society correspond to the requirement of safeguarding the common good. Legitimate public authority has the right and the duty to inflict punishment proportionate to the gravity of the offense. Punishment has the primary aim of redressing the disorder introduced by the offense. When it is willingly accepted by the guilty party, it assumes the value of expiation. Punishment then, in addition to defending public order and protecting people's safety, has a medicinal purpose: as far as possible, it must contribute to the correction of the guilty party. 2267 "Assuming that the guilty party's identity and responsibility have been fully determined, the traditional teaching of the Church does not exclude recourse to the death penalty, if this is the only possible way of effectively defending human lives against the unjust aggressor. If, however, non-lethal means are sufficient to defend and protect people's safety from the aggressor, authority will limit itself to such means, as these are more in keeping with the concrete conditions of the common good and more in conformity with the dignity of the human person. Today, in fact, as a consequence of the possibilities which the state has for effectively preventing crime, by rendering one who has committed an offense incapable of doing harm--without definitively taking away from him the possibility of redeeming himself--the cases in which the execution of the offender is an absolute necessity 'are rare, if not practically non-existent.' (NT: John Paul II, Evangelium vitae 56) The U.S. Catholic Bishops Capital punishment involves profound legal and political questions; it also touches upon important moral and religious concerns. In 1974, the United States Conference of Catholic Bishops declared its opposition to the reinstitution of capital punishment. Since that time a number of individual bishops, State Catholic Conferences and other Catholic organizations have actively opposed the death penalty. Many have expressed the view that in this day of increasing violence and disregard for human life, a return to the use of capital punishment can only lead to further erosion of respect for life and to the increased brutalization of our society. At the same time, crime in our society cannot be ignored; criminals must be brought to justice. Concern for human life also requires reaffirmation of the belief that violent crime is a most serious matter. It calls for seeking effective ways to prevent crime, insuring swift and certain punishment for its perpetrators, the reform of the criminal justice system, and steps to eliminate the complex causes of crime in our society. I do not challenge society's right to punish the capital offender, but I would ask all to examine the question of whether there are other and better approaches to protecting our people from violent crimes than resorting to executions. In particular I ask those who advocate the use of capital punishment to reflect prayerfully upon all the moral dimensions of the issue. It is not so much a matter of whether an argument can be advanced in favor of the death penalty; such arguments have already been forcefully made by many people of evident good will, although others find them less than convincing. But the more pertinent question at this time in our history is what course of action best fosters that respect for life, all human life, in a society such

as ours in which such respect is so sadly lacking. In my view, more destruction of human life is not what America needs in 1977. The Catholic bishops of the United States have manifested deep commitment to the intrinsic value and sacredness of human life. This has led to our strong efforts on behalf of the unborn, the old, the sick and victims of injustice, as well as efforts to enhance respect for human rights. While there are significant differences in these issues, all of them touch directly upon the value of human life which our faith teaches us is never beyond redemption. It is for this reason that I hope our leaders will seek methods of dealing with crime that are more consistent with the vision of respect for life and the Gospel message of God's healing love. -----Archbishop Joseph L. Bernardin The recent announcement that at least 100 people have now been exonerated and released from death row in the United States, since 1973, is a sobering milestone. Along with this announcement, the new report from the Illinois Governor's Commission on Capital Punishment outlining more than 80 necessary measures to make death penalty cases more fair and less likely to lead to the execution of innocent people is yet another sign that our nation should turn away from the death penalty. Pope John Paul II, the Catechism of the Catholic Church and the U.S. Catholic Bishops have made it clear that our society has other ways to protect itself from those who commit terrible crimes and ought to forgo the use of the death penalty. Time and time again, Pope John Paul has urged clemency and the end of capital punishment. At this moment the U.S. Bishops renew the call for measures to restrain, restrict and end the use of the death penalty in the United States. We support many of the recommendations articulated by the Commission, as well as legislation such as the Innocence Protection Act that promote greater fairness and stronger safeguards in capital cases. We have other means to protect society and we have an obligation to protect the innocent. There is no way to reverse an execution after new evidence comes to light. The report that at least 100 people have now been found to be innocent of the crimes that put them on death row are 100 reasons to turn away from capital punishment. The 101st reason is not what was done to them, but what is being done to the rest of us. The increasing reliance on the death penalty diminishes all of us, increases disrespect for human life, and offers the tragic illusion that we can teach that killing is wrong by killing. It's time to "Choose life, then, that you and your descendants may live." (Deuteronomy 30:19) -----Theodore Cardinal McCarrick Primary sources consulted: Catechism of the Catholic Church. 2d ed. Washington, D.C.: United States Catholic Conference, 1997. United States Conference of Catholic Bishops Washington, D.C. 20005, January 26, 1977, Statement on Capital Punishment, Archbishop Joseph L. Bernardin 101 Reasons to Abandon the Death Penalty, April 18, 2002 Theodore Cardinal McCarrick, Archbishop of Washington Chair, Domestic Policy Committee