I was at mass today and I was praying over this whole issue. Some thoughts came to me that I throw out there for reflection.
First:
There is tendency to misunderstand what the Church has always taught about the state’s right to execute. The right to execute does not mean that the state has a moral obligation to do so. This is actually revealed to us in Scripture. One event is the murder of Abel. The Lord puts a seal on Cain so that no one may kill him or they will be punished for doing so. In the NT we see the woman caught in adultery. According to the law, the state had the right to execute; however, Jesus runs interference. We would not accuse God of obstructing justice.
The state’s right to execute is not absolute. It can only be exercised according to moral law. It is not the right or duty of the state to make moral law. That is the prerogative of the Church. Morality is revealed by God and interpreted by the Church.
Second:
If we truly believe that the state has a right to execute a criminal, then we have to absolve the Nazi government, the Communist government, the Fascist governments, and the Muslim governments. They are all legitimately instituted governments. And the people who they condemn to death have violated a law in their codex. Even secularism does not absolve states from violations of human rights.
To make this simpler, in Muslim countries it is a crime to blaspheme the name of Mohammad. It is a crime to convert to Christianity. These crimes are punishable by death.
A blanket statement that the state has the right to execute criminals gives these governments the right to execute those whom they judge to be criminals.
On the other side of this, if we say that the freedom to execute without the intervention of the Church applies to the USA, that does not work either. Moral law was not revealed just for the USA. The moral law is the same for the USA, Iran, Nazi Germany, Cuba, China and others. Either the state has the right to execute according to its discretion or the state has to submit to moral guidelines to discern when execution is justifiable.
Third:
We cannot wrench theology out of context. While it is true that God is a God of Justice, it is also true that his mercy exceeds his justice. The Crucifixion is the best example. Jesus was not the sinner. However, the Father, out of pure mercy, offers the son for the salvation of the sinner. God does not execute humanity. Instead, he allows his son to be execute to save the rest of humanity from death.
Fourth:
If we truly believe that the death penalty should be applied to those who warrant it, because it’s the just thing to do and because we believe it is God’s will, then we must agree with Luther. There is no such thing as a Plenary Indulgence.
When the Church grants a Plenary Indulgence, what is she saying? She is saying that although we deserve to suffer in purgatory for our sins, she dispenses us from that punishment. The Church does so, because she has the power to bind and unbind. Therefore, she has the power and authority to apply mercy instead of justice.
Fifth:
If we believe that there cannot be mercy without justice, then we must reject the very idea of Mercy Sunday and the revelations that Jesus made to Sister Faustina and which Bl. John Paul accepted as legitimate. Had he not accepted them as legitimate, he would not have instituted Mercy Sunday and the Plenary Indulgence that comes with it. However, the Church believes and teaches that God will withhold justice and be generous with mercy. All man has to do is to repent and ask for mercy.
Sixth:
Laymen, deacons, priests and religious do not have the right or authority to contradict the bishops on moral issues. We are not the successors of the Apostles. They are. As long as they teach truth, we must give religious assent. On this question, there is no error being taught. The bishops are preaching mercy. Mercy is truth. The bishops are preaching repentance and conversion. This is also truth. They are saying that every human being should be given the opportunity for repentance and conversion. This is also truth. They are not saying that the criminal should be released to do more harm. That would be immoral.
Finally:
People want to say crimes must be punished, because it’s the just thing to do. Imprisonment is a punishment. As long as you do not violate human dignity and human rights, there is no moral contraindication here. A moral contraindication would be imprisonment for something that does not deserve imprisonment. The Church is saying that unless there is no other way to protect human life, there is no reason to execute. There are other ways to punish crimes. The Church is not taking a position against punishment, simply a position against the abuse of power by the state.
Fraternally,
Br. JR, OSF
