Question on capital punishment

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On the other hand, Dulles does state he shares the narrow belief that it ought to be abolished or severely curtailed in the American context, but for reasons other than the Betnthamite grounds many liberals use, while saying the Church does not on principle oppose capital punishment.
Yes, and this is an important point. Dulles agrees with JPII that capital punishment ought not be used, but he makes it clear that this is a prudential judgment and that the church’s doctrine as it has been expressed unchanged through the centuries is unchanged.
My question though isn’t about whether capital punishment should be abolished or severely curtailed - when it has come up as a ballot measure I supported its abolition - but, given that the State still has capital punishment, whether a Catholic may prosecute such a case (I will not that most prosecutors in my experience may make recommendations on whether to seek capital punishment, but their superiors make the ultimate decision on whether to seek it.)
This would not be a question if I or my (former) immediate superiors were responsible for formulating the penal law, in which case the path is clear. But this is a question of a civil servant not responsible for deciding the penal laws. So therein lies the crisis.
I’m sorry but I don’t see the dilemma in either situation. As a legislator I may support or oppose laws allowing capital punishment, and, as a prosecutor, I may prosecute capital cases. None of those examples is opposed by Catholic doctrine.

Ender
 
Aquinas explains the situation of a community withholding death as punishment due to specific circumstances of the community…

“Our Lord commanded them to forbear from uprooting the cockle in order to spare the wheat, i.e. the good. This occurs when the wicked cannot be slain without the good being killed with them, either because the wicked lie hidden among the good, or because they have many followers, so that they cannot be killed without danger to the good, as Augustine says (Contra Parmen. iii, 2). Wherefore our Lord teaches that we should rather allow the wicked to live, and that vengeance is to be delayed until the last judgment, rather than that the good be put to death together with the wicked. When, however, the good incur no danger, but rather are protected and saved by the slaying of the wicked, then the latter may be lawfully put to death.” - Summa Theologica

This is obviously not an instruction regarding individual cases but a reflection of a whole group not having the option to use such a penalty.
It isn’t all that obvious that this is not an instruction regarding individual cases, but in any event it should be clear that what Aquinas is giving is an exception to the rule. The exception is that, because of specific circumstances, a person who’s crime merits the death penalty ought not be executed. The rule, however, is that he should be. After all, if the rule was that a person ought not be executed this example would be meaningless.

Ender
 
It isn’t all that obvious that this is not an instruction regarding individual cases, but in any event it should be clear that what Aquinas is giving is an exception to the rule. The exception is that, because of specific circumstances, a person who’s crime merits the death penalty ought not be executed. The rule, however, is that he should be. After all, if the rule was that a person ought not be executed this example would be meaningless.

Ender
Lets assume that that is it. What happens to justice? Is justice suspended?
 
Lets assume that that is it. What happens to justice? Is justice suspended?
No, justice is satisfied because the death penalty has been levied.

Mercy is then given because for some reason the ruler believes mercy is due.

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How about its abolition from Vatican law. You’d think the Vatican should know better shouldn’t you?
Better than what? As noted in another thread the Holy Father is the supreme legislator within the Church, and also within the Vatican City. He’s free to do as he wishes. That has no bearing on what other legislators do.
The States right and duty to punish criminals is a theological truth. The State has the right to abolish the death penalty also according to the requirements of justice. That is also a theological truth.
No. The State has the right, and the duty, to legislate in such a way as to provide laws that satisfy justice. If there is crime committed that requires the death penalty - Timothy McVeigh comes to mind - and the State has abolished the death penalty, it has create an injustice. And that is a theological fact.
Well unless you are calling the Popes evil? or stupid?..
I have no idea why the Vatican City has no death penalty. Do you?

I believe it has had a single murder in 140 years. It relies on Rome for most of its penal facilities. The Holy Father may believe it is unseemly to have the Vatican City execute someone while touting mercy. Your guess is as good as anyone’s.
it obviously is theologically valid to abolish the death penalty altogether from the system.
Perhaps it is in a 110 acre country with 839 citizens.

I understand you believe you’re doing God’s work with these “arguments”, but they really are off the mark when it comes to what Catholics are obliged to do as Catholics.

It is distressing to see Catholics in one American state which recently abolished the death penalty giving each other “high fives” while the very same legislature basically told the Catholic bishops to go take a hike when it came to abortion.

Somehow “high fives” don’t seem appropriate when thousands of innocents are being murdered because a man who killed his entire family is not going to be executed.

But then I think justice should have something to do with our laws and their execution.

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Lets assume that that is it. What happens to justice? Is justice suspended?
I’m unsure what you’re asking. When a person commits a crime he harms the individual involved as well as society as a whole and his punishment must take both aspects into account.*When, therefore, anyone does good or evil to another individual, there is a twofold measure of merit or demerit in his action: first, in respect of the retribution owed to him by the individual to whom he has done good or harm; secondly, in respect of the retribution owed to him by the whole of society. *(Aquinas ST I-II 21,3)
We know that the severity of the punishment *must *be (not *may *be) commensurate with the severity of the crime; that is a demand of justice. We also know that capital punishment is a just punishment for the crime of murder (otherwise the church wouldn’t acknowledge a state’s right to use it). So, as far as the retribution owed the individual in premeditated murder cases, the death penalty is always a just and appropriate punishment.

It’s use may, however, be harmful to the larger society and in that case the punishment is not determined solely by what would be just retribution for the harm done to the individual but is mitigated by what is best for the community.But if it is evident that the infliction of punishment will result in more numerous and more grievous sins being committed, the infliction of punishment will no longer be a part of justice. (ST II-II 43,7-1)
A point to remember here is that the determination of what is or is not harmful to society is a judgment; there is no doctrine that answers that question, and we are free to disagree on whether a particular judgment is accurate.

Ender
 
We know that the severity of the punishment *must *be (not *may *be) commensurate with the severity of the crime; that is a demand of justice. We also know that capital punishment is a just punishment for the crime of murder (otherwise the church wouldn’t acknowledge a state’s right to use it). So, as far as the retribution owed the individual in premeditated murder cases, the death penalty is always a just and appropriate punishment.
I know that that is how a Protestant may see it as they have the unfortunate belief of already meriting heaven in this life and therefore assuming that their own vision is Gods vision of justice… but as Catholics, we envision this through the eyes of neighbourly love and the common good at all costs.

StJPII says this in EV…

"…And yet God, who is always merciful even when he punishes, “put a mark on Cain, lest any who came upon him should kill him” (Gen 4:15). He thus gave him a distinctive sign, not to condemn him to the hatred of others, but to protect and defend him from those wishing to kill him, even out of a desire to avenge Abel’s death. Not even a murderer loses his personal dignity, and God himself pledges to guarantee this. And it is precisely here that the paradoxical mystery of the merciful justice of God is shown forth. As Saint Ambrose writes: “Once the crime is admitted at the very inception of this sinful act of parricide, then the divine law of God’s mercy should be immediately extended. If punishment is forthwith inflicted on the accused, then men in the exercise of justice would in no way observe patience and moderation, but would straightaway condemn the defendant to punishment. … God drove Cain out of his presence and sent him into exile far away from his native land, so that he passed from a life of human kindness to one which was more akin to the rude existence of a wild beast. God, who preferred the correction rather than the death of a sinner, did not desire that a homicide be punished by the exaction of another act of homicide.”

The Catholic view of civil punishment does not start with the divine default being death for a crime… it starts with the human experience of Gods ever merciful treatment of fallen man.
 
I understand you believe you’re doing God’s work with these “arguments”, but they really are off the mark when it comes to what Catholics are obliged to do as Catholics.
The answer I gave to the above post will suffice for this answer also, regarding the correct belief of Catholics.
It is distressing to see Catholics in one American state which recently abolished the death penalty giving each other “high fives” while the very same legislature basically told the Catholic bishops to go take a hike when it came to abortion.
Somehow “high fives” don’t seem appropriate when thousands of innocents are being murdered because a man who killed his entire family is not going to be executed.
But then I think justice should have something to do with our laws and their execution.
Mass abortion is a fairly new phenomenon in mans history and as a lot of those who convert from abortion advocacy to prolife will tell you, without a thorough understanding of the Churchs teaching on the dignity of the human being… the conscience is easily suppressed in relation to this ‘invisible’ crime. People find it easier to ascribe a lack of humanness to someone in this beginning stages of life… than to even a hardened criminal. Even with a criminal it is possible to know of his human fears and pain concerning his fatal sentence, and empathise with that.

This is why the Church is stressing the need to be unconditionally prolife. If we as a society can experience the dignity of even the most undeserving creature, we are more inclined to experience the dignity of the most unrecognisable human being in the first stages of life.
 
I know that that is how a Protestant may see it as they have the unfortunate belief of already meriting heaven in this life and therefore assuming that their own vision is Gods vision of justice… but as Catholics, we envision this through the eyes of neighbourly love and the common good at all costs.
Since the comment you responded to was specifically about the retribution owed the individual as separate and distinct from the retribution owed society, your assertion about the common good is simply irrelevant. Do you read what I’ve written with any attempt to understand the point I’m making or do you just look for something to throw bricks at? If you’re going to stress the importance of neighborly love you might consider demonstrating that you understand the concept.
The Catholic view of civil punishment does not start with the divine default being death for a crime… it starts with the human experience of Gods ever merciful treatment of fallen man.
“Ever merciful”? Does that mean there is no hell?

Ender
 
This is why the Church is stressing the need to be unconditionally prolife.
Advocating that the death penalty be left available for use when it is warranted is not inconsistent with being unconditionally pro-life.

The Church cannot stress “the need” to oppose the death penalty per se because “need” indicates either a prudential judgment, which the Church is not competent to make for the competent authority, which is the State, or a moral obligation which cannot exist since the Church teaches that the State has the right to levy the death penalty and the requirement that the punishment fit the crime.

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The Catholic view of civil punishment does not start with the divine default being death for a crime… it starts with the human experience of Gods ever merciful treatment of fallen man.
The Catholic view of civil punishment begins with the Natural Law, which deals first with rehabilitation, deterrence, defense against the criminal, and then retribution. These are administered by the State justly, impartially, without favoritism.

Mercy is a moral virtue which is personal.

As summarized in CCC 2266 “Legitimate public authority has the right and duty to inflict punishment proportionate to the gravity of the offense. Punishment has the primary aim of redressing the disorder introduced by the offense.”

That is, retributive justice is the primary aim of punishment and the State has a duty to inflict punishment proportionate to the gravity of the offense.

Attempting the commingling of an impartial objective requirement of the State with the personal moral virtue of mercy by crippling the law provides neither justice nor mercy.

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The Catholic view of civil punishment begins with the Natural Law, which deals first with rehabilitation, deterrence, defense against the criminal, and then retribution. These are administered by the State justly, impartially, without favoritism.

Mercy is a moral virtue which is personal.

As summarized in CCC 2266 “Legitimate public authority has the right and duty to inflict punishment proportionate to the gravity of the offense. Punishment has the primary aim of redressing the disorder introduced by the offense.”

That is, retributive justice is the primary aim of punishment and the State has a duty to inflict punishment proportionate to the gravity of the offense.

Attempting the commingling of an impartial objective requirement of the State with the personal moral virtue of mercy by crippling the law provides neither justice nor mercy.

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I’ll ask a question I’ve asked before because there is a blindspot in the view of justice you espouse. From what source do we know this pure justice that ensures it is impartial and objective? You said before that people have a sense of justice, but I demonstrated that peoples sense of justice is innately biased. No one person on his own can know what is perfectly just through his reason. You gave the example of King Solomon but Gods relationship with His people prior to Christ was quite different. God spoke directly to His prophets and His chosen people. When Solomon asked… "* So give your servant a discerning heart to govern your people and to distinguish between right and wrong. For who is able to govern this great people of yours?”

The Lord was pleased that Solomon had asked for this. So God said to him, “Since you have asked for this and not for long life or wealth for yourself, nor have asked for the death of your enemies but for discernment in administering justice, I will do what you have asked. I will give you a wise and discerning heart, so that there will never have been anyone like you, nor will there ever be.* 1Kings3:9-12

In Dives in Misericordia, StJPII writes…

“The experience of the past and of our own time demonstrates that justice alone is not enough, that it can even lead to the negation and destruction of itself, if that deeper power, which is love, is not allowed to shape human life in its various dimensions. It has been precisely historical experience that, among other things, has led to the formulation of the saying: summum ius, summa iniuria. This statement does not detract from the value of justice and does not minimize the significance of the order that is based upon it; it only indicates, under another aspect, the need to draw from the powers of the spirit which condition the very order of justice, powers which are still more profound.”

I simply don’t understand what source we would draw on outside of the needs of the common good, to have a truly impartial and objective schema of justice. The judicial precepts that God directly demanded of His people prior to the coming of Christ… no longer hold after Christ. With Christ came the new Law.

So that is my first and foremost question of you. What is the source of the model of justice that reigns above all other factors, mercy included?
 
Advocating that the death penalty be left available for use when it is warranted is not inconsistent with being unconditionally pro-life.
It is perfectly legitimate to advocate retaining the death penalty if you feel that the common good is being served by it in your State.

“… 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.” - CCC2267

The Church, in the light of the rejection of it from the books of more and more countries, concurs that its use where the protection of the community is not compromised, is motivated by the same mistaken concept of man that feuls the ‘culture of death’. It would not be right to say that the State is immune from the same forces that feul the general culture of death.
The Church cannot stress “the need” to oppose the death penalty per se because “need” indicates either a prudential judgment, which the Church is not competent to make for the competent authority, which is the State, or a moral obligation which cannot exist since the Church teaches that the State has the right to levy the death penalty and the requirement that the punishment fit the crime.
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The Church has always been a prominent voice for moral and humane policies and sentences of the State. Always.
 
“Ever merciful”? Does that mean there is no hell?
From StJPII Dives in Misericordia as posted above… “And yet God, who is always merciful even when he punishes”.

Of course there is hell. But you aren’t suggesting that humans are called to imitate Gods eternal condemnation by the death penalty are you?
 
Of course there is hell. But you aren’t suggesting that humans are called to imitate Gods eternal condemnation by the death penalty are you?
Both Augustine and Aquinas make that parallel.
“… 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.” - CCC2267
That is true. The CCC quotes St John Paul II. He points out that moral self-defense, even for the State, requires that only sufficient force be used against the aggressor. You can’t morally shoot someone to death for spitting upon you. This doesn’t speak at all to retributive justice.
The Church has always been a prominent voice for moral and humane policies and sentences of the State. Always.
From which we can conclude that it if morality, in this case justice, demands the death penalty, the Church is foursquare for it.
I’ll ask a question I’ve asked before because there is a blindspot in the view of justice you espouse. From what source do we know this pure justice that ensures it is impartial and objective?
Natural Law. From the Code of Hammurabi through the Greeks, the Old Testament, the Church Fathers such as Augustine, the Scholastics, and to today it has been recognized that the core of justice involves graded punishments impartially assessed.

Since the 15th century, Lady Justice has often been depicted wearing a blindfold. The blindfold represents objectivity, in that justice is or should be meted out objectively, without fear or favour, regardless of identity, money, power, or weakness; blind justice and impartiality.

Philosopher Immanuel Kant stated in “Metaphysics of Morals: “Judicial punishment can never be used merely as a means to promote some other good for the criminal himself or for civil society, but instead it must in all cases be imposed on him only on the ground that he has committed a crime.”
You said before that people have a sense of justice, but I demonstrated that peoples sense of justice is innately biased.
All human endeavors are imperfect.
I simply don’t understand what source we would draw on outside of the needs of the common good, to have a truly impartial and objective schema of justice.
You’re beginning the argument that all laws, courts, and punishments should be abolished. The general accord with minor exceptions on what constitutes a crime and the gradations of punishments are good evidence of an innate law written in the hearts of men, as St Paul wrote. The only question is the specific punishments and the slope of the gradations.
So that is my first and foremost question of you. What is the source of the model of justice that reigns above all other factors, mercy included?
Mercy is not part of any model or method of justice, so we can dispense with that.

We cannot even begin to consider mercy unless and until we accomplish justice.

The foundation of retributive justice is found in Deuteronomy 19:17-21 and Exodus 21:23-21:27: “life for life, eye for eye, tooth for tooth, hand for hand, foot for foot.”

This is reflected in the entry in the Catechism: 2266 “Legitimate public authority has the right and duty to inflict punishment proportionate to the gravity of the offense. Punishment has the primary aim of redressing the disorder introduced by the offense.”

That entry in the Catechism cites Luke 23:40-43:

40 But the other rebuked him, saying, ‘Do you not fear God, since you are under the same sentence of condemnation? 41 And we indeed have been condemned justly, for we are getting what we deserve for our deeds, but this man has done nothing wrong.’ 42 Then he said, ‘Jesus, remember me when you come into your kingdom.’ 43 He replied, ‘Truly I tell you, today you will be with me in Paradise.’

This would have been the perfect opportunity for Christ to make a pithy comment deriding capital punishment, but He did not. He forgave only one. Why He forgave only one illustrates how justice and mercy correctly operate.

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From StJPII Dives in Misericordia as posted above… “And yet God, who is always merciful even when he punishes”.

Of course there is hell. But you aren’t suggesting that humans are called to imitate Gods eternal condemnation by the death penalty are you?
What I was challenging was your understanding of mercy, which seems not to be so much about mercy as about clemency, something very different. I was also pointing out that either mercy is not what you suppose it to be - after all, if God is ever merciful then how would anyone ever end in hell? - or, if God’s mercy included sending people to hell then surely man’s mercy would include sending them to the gallows.

In any event, the argument from mercy is self-defeating. What does it mean to be merciful in sentencing? I assume you mean it is not punishing the sinner to the full extent his crime deserves (which is actually clemency), but if LWOP is a lesser punishment than a murderer deserves then what is the deserved punishment? It would have to be execution. Arguing that LWOP is the merciful punishment obliges one to accept that execution is the just punishment. Given that not everyone deserves mercy (clemency) it is clear that those who do not should be executed since that is the just punishment for their crime.

The argument that we should show mercy by sentencing some criminals to LWOP contains within it the admission that those criminals who do not deserve mercy (as you appear to understand the term) should be executed.

Ender
 
Philosopher Immanuel Kant stated in “Metaphysics of Morals: “Judicial punishment can never be used merely as a means to promote some other good for the criminal himself or for civil society, but instead it must in all cases be imposed on him only on the ground that he has committed a crime.”
This is a truth that is being lost in today’s discussions of punishment. C.S. Lewis made the same observation.*"Some enlightened people would like to banish all conceptions of retribution or desert from their theory of punishment and place its value wholly in the deterrence of others or the reform of the criminal himself. They do not see that by so doing they render all punishment unjust. What can be more immoral than to inflict suffering on me for the sake of deterring others if I do not deserve it? And if I do deserve it, you are admitting the claims of retribution. " *
Mercy is not part of any model or method of justice, so we can dispense with that.
There is a place for mercy in justice, just not for universal clemency.There is a place for the judge’s mercy in matters that are left to the judge’s discretion, because in like matters a good man is slow to punish as the Philosopher states (Ethic. v, 10). But in matters that are determined in accordance with Divine or human laws, it is not left to him to show mercy. (Aquinas ST II-II 67, 4-1)
We cannot even begin to consider mercy unless and until we accomplish justice.
It is often implied that mercy trumps justice, but this is not the case.Hence Augustine says (De Civ. Dei ix, 5) that “this movement of the mind” (viz. mercy) “obeys the reason, when mercy is vouchsafed in such a way that justice is safeguarded…” (Ibid II-II 30,3)
The foundation of retributive justice is found in Deuteronomy 19:17-21 and Exodus 21:23-21:27: “life for life, eye for eye, tooth for tooth, hand for hand, foot for foot.”
It is often assumed that Jesus repudiated this concept of justice. This is another common error.*when Our Lord says: “You have heard that it hath been said of old, an eye for an eye, etc.,” He does not condemn that law, nor forbid a magistrate to inflict the poena talionis, but He condemns the perverse interpretation of the Pharisees, and forbids in private citizens the desire for and the seeking of vengeance. (St. Bellarmine)
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This would have been the perfect opportunity for Christ to make a pithy comment deriding capital punishment, but He did not. He forgave only one. Why He forgave only one illustrates how justice and mercy correctly operate.
Excellent observation (bolded sentence).

Ender
 
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