J
johnswahoo
Guest
Can a Catholic sit on a death penalty case? Is it wrong for a person of faith to judge in this manner? If so, how does one discuss their point of view without being in contempt?
- Status
P
presidentjlh
Guest
If I recall correctly, the Church says that in most cases, the death penalty is wrong, as it acts contrary to God’s will. However, if the criminal presents a danger to others by being alive, execution is allowable in extreme circumstances.
If I am incorrect, please correct me.
If I am incorrect, please correct me.
R
Rascalking
Guest
Yes, a Catholic can. I’m no lawyer, but I think in most states the jury has to decide whether or not to put the convicted criminal to death. You can always, if you wish, vote against it.
The death penalty is certainly not as black and white as abortion-I’m strongly for one, strongly against the other…
The death penalty is certainly not as black and white as abortion-I’m strongly for one, strongly against the other…
E
Ender
Guest
It would be inappropriate to sit on a jury where the death penalty is a possible punishment if you have no intention of voting for it. If your conscience keeps you from imposing such a punishment then you shouldn’t serve; it is inappropriate to go into a case and predetermine what the outcome should or should not be. I suspect that anyone who makes known his unwillingness to impose the death penalty would be excused from sitting on a case where such a punishment was possible.
The Church teaching on the death penalty has been terribly muddied. She has never said that the death penalty is contrary to God’s will - in fact she cites Genesis 9:6 (“Whoever sheds mans blood by man shall his blood be shed”) to support the position that the death penalty is not immoral. What she says now (in the 1997 Catechism) is that it shouldn’t be used because it is unnecessary, but actually the whole section (2267) on the death penalty is inconsistent with what she taught in the past and still teaches on related subjects today.
Ender
D
dudleysharp
Guest
Sadly, this is very true. Maybe the Church will reconsider.
L
Langdell
Guest
Yes. In the U.S., if a jury is being selected for a case in which the prosecution plans to seek the death penalty, the prosecutor will not allow anyone on the jury who discloses in response to questioning that s/he is morally opposed to the death penalty. If a prospective anti-death-penalty juror withholds this information, and then tries to proselytize his/her fellow jurors during deliberations, one of the other jurors will probably notify the judge, and some remedial action will be taken or a mistrial declared.
.
J
johnswahoo
Guest
I appreciate all who helped in this matter. My wife was dealing with this issue last week. She was brought in as a potential jury member on a case where the possibility could be the death penalty for the individual. While I won’t go into to details of the case I will explain that when she was being questioned by the judge and her feelings toward the death penalty she calmly explained that she does not feel any person has the right to pass the judgement of death on another individual. The only person who can make that type of judgement is God himself.
The judge had asked her if for one day if she he required her by law to pass judgement could she do it? She went on to say that her faith in God and the obeying of Thou Shall not Kill in the Ten Commandments would not allow her for even one day, one hour or one second to give up her convictions, no matter how terrible the crime the individual committed.
So again I thank all who have shed light on this issue for us.
The judge had asked her if for one day if she he required her by law to pass judgement could she do it? She went on to say that her faith in God and the obeying of Thou Shall not Kill in the Ten Commandments would not allow her for even one day, one hour or one second to give up her convictions, no matter how terrible the crime the individual committed.
So again I thank all who have shed light on this issue for us.
P
puzzleannie
Guest
do you mean as a judge or on a juror? a Catholic judge is bound to interpret and apply the law as written and instruct the jurors and conduct the trial accordingly. If he can’t do this he should step down. If you are called for juror duty, state your views on the death penalty when asked, and you will most likely be excused from such a case so it won’t arise. If you are on the jury, your job is to listen to the evidence and judge the facts of the case. Your judgement has to be based on the facts, not on your view of any of the probably penalties. If you are on a jury that decides the penalty phase, then you can state your views. If you can’t in conscience sit on a jury in a capital case, reveal that during the time of questioning as they choose the jurors
F
FightingFat
Guest
John 8 comes to mind. Perhaps in considering this dilemma, or this sort of dilemma, we should read Sacred Scripture and think about Jesus’ actions in this sort of situation?
L
Langdell
Guest
Good for her!
I suspect the judge pressed her on it because s/he wanted to make sure that your wife wasn’t just saying this in order to get out of serving.
.
V
Victorious
Guest
See Justice Antonin Scalia’s 2002 article entitled “God’s Justice and Ours” from First Things on whether he, as a Catholic judge, may participate in a capital case. (I am linking to the Free Republic transcription of it, as the original link to First Things shows a blank screen.)
- Status