L
LongingSoul
Guest
With regard to retribution, Card. Dulles then stresses the following…Punishment has four objectives:*The purposes of criminal punishment are rather unanimously delineated in the Catholic tradition. Punishment is held to have a variety of ends that may conveniently be reduced to the following four: rehabilitation, defense against the criminal, deterrence, and retribution. *(Cardinal Dulles)
"Retribution by the State can only be a symbolic anticipation of God’s perfect justice.
For the symbolism to be authentic, the society must believe in the existence of a transcendent order of justice, which the State has an obligation to protect. This has been true in the past, but in our day the State is generally viewed simply as an instrument of the will of the governed. In this modern perspective, the death penalty expresses not the divine judgment on objective evil but rather the collective anger of the group. The retributive goal of punishment is misconstrued as a self-assertive act of vengeance.
The death penalty, we may conclude, has different values in relation to each of the four ends of punishment. It does not rehabilitate the criminal but may be an occasion for bringing about salutary repentance. It is an effective but rarely, if ever, a necessary means of defending society against the criminal. Whether it serves to deter others from similar crimes is a disputed question, difficult to settle. Its retributive value is impaired by lack of clarity about the role of the State. In general, then, capital punishment has some limited value but its necessity is open to doubt. "
An interesting point for those who want to google this fancy bit of footwork… When all the pro-death penalty sites quote the Catechism, they pretty much all change the wording of 2266 to 'the primary scope of the penalty’, as though this paragraph specifically deals with the death penalty, when in the official wording it is addressing ‘the primary scope of punishment’ in general, following on from that with the reference to the death penalty. So the primary scope, aim or as the 1992 version of the Catechism says, the primary effect of punishment… is redressing the disorder caused by the offense. In that 1992 version this is immediately followed by… “If bloodless means are sufficient to defend human lives against an aggressor and to protect public order and the safety of persons, public authority should limit itself to such means, because they better correspond to the concrete conditions of the common good and are more in conformity to the dignity of the human person.”The catechism identifies which objective is primary:The primary scope of the penalty is to redress the disorder caused by the offense. (CCC 2266)
Redressing the disorder is the primary scope, aim or effect of punishment, but the purpose of the death penalty is to protect the public if non lethal punishments aren’t sufficient for that end.
The USCCB says the third justifying purpose of punishment. If is the primary justifying purpose of punishment. Surely it would state that here?The question is: which of the four objectives Dulles identified is the one referred to by “redress the disorder caused by the offense”? It surely cannot be defense or deterrence since they are about preventing future offenses, nor can it be rehabilitation since, while it may redress the disorder in the individual, it does nothing to redress the disorder caused by his crime. That pretty much leaves retribution as the primary objective of punishment. Some may be uncomfortable with that but it is what the church teaches.*The third justifying purpose for punishment is **retribution ***or the restoration of the order of justice which has been violated by the action of the criminal. We grant that the need for retribution does indeed justify punishment (USCCB)
Clearly the overall aim of punishment is justice. That is a given. The death penalty though is limited to being a last resort to protect and safeguard the community and within that service, it serves justice.You are obviously right in saying that the death penalty is a penalty, but the primary purpose of punishment is not protection, rather it is justice.
"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 abolute necessity “are very rare, if not practically non-existent.” (John Paul II, Evangelium Vitae, 56)
These are the instructions from our Church teachers. Our 2000 year old Institution of Christs Church. The doctrinal teaching clearly passed onto the faithful through the medium of the Catechism which presents to us "an organic synthesis of the essential and fundamental contents of Catholic doctrine, as regards both faith and morals, in the light of the Second Vatican Council and the whole of the Church’s Tradition."