When or is the death penalty alright?

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Perhaps the Catechism does not contradict itself, or the Church, but your interpretation is in error. Couldn’t that be possible?
Certainly it is possible but you have provided no argument to convince me that I am wrong. Most of your responses are directed at me and not the reasons I give in support of my position. Even if I was as arrogant and blood thirsty as you presume it wouldn’t make my argument invalid. My explanations are either correct or incorrect and nothing about me personally has any effect on determining which.

Ender
 
I’ve often opposed the death penalty my whole life, believing that we have a right to life and there are people like Stephen Truscott who are given the death penalty even though they are innocent (Truscott’s death sentence was commuted, thank God) but more recently, I’ve been following the news about Khalid Shiekh Mohamed and how he will get the death penalty if found guilty. There’s a part of me thinking “he deserves it”
Of course he does.
and another part of me thinking “put him in prison and make his life a living Hell”.
That is of course a sinful impulse. Don’t give into it.

Back to the question of deserving death: I think the best statement on the death penalty (predating JPII by some decades–or arguably by some millennia–but IMHO saying something very similar!) was said by a wise wizard to a frightened hobbit: “Many that live deserve death. And many that die deserve life. Can you give it to them? Then do not be too swift to deal out death in judgment.”

We should kill *only *those who deserve it *and then *only when necessary.

I don’t think it’s necessary in this case. But if someone tries to hijack the plane on which my family and I are flying tomorrow (a Northwest flight going through Detroit, which can’t help but make us think of terrorism after the Christmas attempt), and I have a chance to kill them and save innocent life, I assure you that I will try to do so.

Edwin
 
I have some questions that I would like to ask if I may.

How can the Church accept that capital punishment is allowable yet promote its extermination?
Easy. There are plenty of things that are legitimate under extreme circumstances, but are not in themselves desirable things. There are other things that are intrinsically evil and may not be done under any circumstances whatsoever. Killing people who deserve it is in the first category.

This is a break from the traditional, Thomist view that the punishment of evil is simply a good. Hence Aquinas could say that the blessed will rejoice in the damnation of the wicked–not out of sadism but because it shows God’s justice. I think Aquinas was wrong here (though people often quote this passage without explaining the context and make Aquinas sound a lot worse than he was).
The prudential opinion seems to exclude capital punishment in this country in nearly all cases while the Holy Father allows Catholics who disagree with the implementation of capital punishment to receive Communion. Pretty confusing if you ask me.
I don’t see why. It seems to me that you are too easily confused.

Edwin
 
What right have we erring mortals to send a soul to (possibly) hell?
I think that’s a weak argument. Scripture seems pretty clear that human authorities do have the right to execute, delegated them by God. And Catholic Tradition is much clearer on that point.

However, your broader point stands–because we are erring, and because we ourselves live and breathe only by God’s mercy, we should not do something as drastic as killing another human being unless it is both clearly justified *and *clearly necessary, which is very rarely the case. We should always show mercy except when to do so would harm the innocent whom we are bound to protect.

Another point: supporters of the death penalty have argued (reasonably, in my opinion) that a death sentence (leaving the condemned person with a significant but limited time to reflect) may actually benefit a person’s soul more than years of imprisonment. As Samuel Johnson said, “the prospect of hanging concentrates the mind wonderfully.”

But in the end we simply don’t know what is good for a person’s soul. And that, as you rightly point out, is a good reason to show mercy and restraint whenever possible, even toward people whose actions deserve death.

Edwin
 
Personally I can see many instances of capital punishment being moral means of self defense. … However, there will be many prisoners where this is the only means of mitigating their threat to save the lives of others in self defense.
This was a thoughtful post but I have a problem with what you said above. The Catechism, in 2267, puts the defense of society as the justification for capital punishment and restricts executions to only those instances where other means are ineffective for that purpose, but the defense of society is only a secondary objective of punishment; the primary objective is justice. In arguing about whether the death penalty does or does not provide additional protecton we have completely lost sight of why we punish people at all. Sin merits punishment; it is that simple.

Ender
 
We should kill *only *those who deserve it *and then *only when necessary.
I agree that we should execute only those who deserve it, but saying this recognizes that in fact, by their actions, some people merit the death penalty as the just punishment. I’m sure we will disagree over when it is or is not necessary but we can get into that later.
This is a break from the traditional, Thomist view that the punishment of evil is simply a good.
I’m not sure I understand this point. Aquinas recognized punishment as an evil - but he defined evil very carefully so this is not a question of doing evil so that good may come from it. If you meant to say that the Church no longer sees the punishment of evil as necessary (as good?) then I disagree. The Church has not changed her position on this point; she taught this both before and after St. Thomas and teaches it today.
And that, as you rightly point out, is a good reason to show mercy and restraint whenever possible, even toward people whose actions deserve death.
This raises another interesting question: is it appropriate to show mercy in every instance or should this be determined on a case by case basis?

Ender
 
Certainly it is possible but you have provided no argument to convince me that I am wrong. Most of your responses are directed at me and not the reasons I give in support of my position. Even if I was as arrogant and blood thirsty as you presume it wouldn’t make my argument invalid. My explanations are either correct or incorrect and nothing about me personally has any effect on determining which.

Ender
You fail to read. I tire of repeating my self ad nauseum. You are wrong because you ignore the larger context of pretty much everything you quote. If you go to the Scriptures, you will see that Jesus is actually critical of the practice of execution.
 
Let me get this straight please.

The Catholic Church finds that the State has the authority to sentence the death penalty under conditions like the crime must be grave, the guilt must be confirmed and nonlethal methods of punishment will be ineffective. Due to current penal systems in countries like the United States, the third reason can be a source of argument that the death penalty is not to be instituted in most cases. Thus, the bishops and the Catechism argue that the right to life is to take precedence over the death penalty in current times, but the decision to execute is decided by the state. The Church urges the state to make capital punishment less likely because of this, but will not deny it to be an acceptable punishment sentenced by the state when conditions are present.

Am I correct to say this understanding is very similar to the just war doctrine? The Church finds the state to also have the authority to kill when conditions are met. These conditions are determined by the state’s prudential opinion, yet the Church must argue in defense of life again and urge peace.

The similarity between the two comes from the seesaw of reasons of life and state authority. The Church must be Christian and argue for life to prevail as it should in nearly all cases (I say nearly because self defense, capital punishment and war would not exist in a perfect world).

In the case of capital punishment, the reasons for its use as illustrated throughout Church history are not to be used if nonlethal methods are available. These nonlethal means are more effective and give dignity than the lethal method in countries like the U.S., yet the state decides if lethal or nonlethal punishment is most effective.

Capital punishment also falls under morals that God does not intend to happen yet they must be allowed due to the fallen nature of man. For instance, wars should never happen, but just wars must occur to benefit humanity from evils that must be stopped.
 
There are really great arguements in this thread and wonderful quotes from Cannon Law as well as saintly people of the past.I did look up “carlbetts”.blogspot and got a laugh about the different approaches to threads by people that were mentioned.But I really cannot see the point of a parallel debate on a different personal webpage.It seems to me like " carlbetts" wants to play on his terms or not at all?Sure you are going to get all sorts of angles in arguements and even uncharitable nasty comments(this thread is open to the world!);but I wonder is the person of "calbetts"so insecure in the fact that truth stands on it’s own and will always win regardless of eroneous or futile reasoning.Does he want to be always right or just to know the Truth?(even a stopped clock is right twice each day!)
One of the dangers I think in quoting past comments of saints, is that we cannot always apply the pratical conclusions that they made then, to the present times.St.Thomas Aquinas has the principles right ,but he would not have known about “electronic or camera survelliance of prisoners etc”.There is also a development of the practical enacting out of Church Teaching-that was what Vatican II really spells out in it’s teachings, say in the document of The Church in the Modern World.
The other point in argueing about the death penality is that it can become an abstract type of exercise.Here are two concrete pratical examples about this topic ,one a few years back and the other one twenty years ago.Both new governments had every reason to call a War crimes commission and some could argue a death penality could have applied in Justice for the common good.The countries were Poland and East Timor.After throwing off communism in Poland,the very Catholic Leadership,under the advise of Pope John Paul II and other Catholic Polish clergy decided not to bring any charges agaist anyone and start off with a clean slate–in other words the Government showed the world what Catholics believe–that Mercy and Forgiveness-- hence Love in Christ is even better than Justice!(sure they paid a price for this mercy, as the former communists had all the wealth and property),but slowly the Polish Government now has shed that yoke.Justice could have filled to overflowing prisons and graveyards in Poland-even outdoing the prison populations of the western world! I can say the same for the lovely, holy.gentle and poor (though rich in faith)Catholic peoples of East Timor,it even had the effect of converting ‘‘Gorilla’’ Fighters who were communist backed to becoming catholics again.
I remember a seminarian ten years back saying how he thought that his Clerical Professor(now a Bishop) was a “modernist” for teaching that the practical aspects of the death penalty has changed in the Church Teachings.I believe that the seminarian was wrong, because there is a real shift towards clemancy and mercy ,which in my view is Christ like.I like a lot on this thread were well taught about the Church Teachings on the Death Penality and the principles of a just war so I can see where some threads are coming from,but hey get over it and move where The Holy Spirit is leading-embrace The Love of Christ in His Divine Mercy as He reveals His Heart to St.Faustina-Christ urges us to show an act of Mercy each day.
 
There are really great arguements in this thread and wonderful quotes from Cannon Law as well as saintly people of the past.I did look up “carlbetts”.blogspot and got a laugh about the different approaches to threads by people that were mentioned.But I really cannot see the point of a parallel debate on a different personal webpage.It seems to me like " carlbetts" wants to play on his terms or not at all?Sure you are going to get all sorts of angles in arguements and even uncharitable nasty comments(this thread is open to the world!);but I wonder is the person of "calbetts"so insecure in the fact that truth stands on it’s own and will always win regardless of eroneous or futile reasoning.Does he want to be always right or just to know the Truth?(even a stopped clock is right twice each day!)
One of the dangers I think in quoting past comments of saints, is that we cannot always apply the pratical conclusions that they made then, to the present times.St.Thomas Aquinas has the principles right ,but he would not have known about “electronic or camera survelliance of prisoners etc”.There is also a development of the practical enacting out of Church Teaching-that was what Vatican II really spells out in it’s teachings, say in the document of The Church in the Modern World.
The other point in argueing about the death penality is that it can become an abstract type of exercise.Here are two concrete pratical examples about this topic ,one a few years back and the other one twenty years ago.Both new governments had every reason to call a War crimes commission and some could argue a death penality could have applied in Justice for the common good.The countries were Poland and East Timor.After throwing off communism in Poland,the very Catholic Leadership,under the advise of Pope John Paul II and other Catholic Polish clergy decided not to bring any charges agaist anyone and start off with a clean slate–in other words the Government showed the world what Catholics believe–that Mercy and Forgiveness-- hence Love in Christ is even better than Justice!(sure they paid a price for this mercy, as the former communists had all the wealth and property),but slowly the Polish Government now has shed that yoke.Justice could have filled to overflowing prisons and graveyards in Poland-even outdoing the prison populations of the western world! I can say the same for the lovely, holy.gentle and poor (though rich in faith)Catholic peoples of East Timor,it even had the effect of converting ‘‘Gorilla’’ Fighters who were communist backed to becoming catholics again.
I remember a seminarian ten years back saying how he thought that his Clerical Professor(now a Bishop) was a “modernist” for teaching that the practical aspects of the death penalty has changed in the Church Teachings.I believe that the seminarian was wrong, because there is a real shift towards clemancy and mercy ,which in my view is Christ like.I like a lot on this thread were well taught about the Church Teachings on the Death Penality and the principles of a just war so I can see where some threads are coming from,but hey get over it and move where The Holy Spirit is leading-embrace The Love of Christ in His Divine Mercy as He reveals His Heart to St.Faustina-Christ urges us to show an act of Mercy each day.
Why the personal digs? So quick to judge…
 
Sin merits punishment; it is that simple.
I disagree. Sin is not that simple. Sin also merits reconciliation, conversion, and forgiveness.

And, where punishment may be “merited” as you say, isn’t that God’s prerogative?
 
Am I correct to say this understanding is very similar to the just war doctrine?
Perhaps, but not the way you may suppose.
In the case of capital punishment, the reasons for its use as illustrated throughout Church history are not to be used if nonlethal methods are available.
Your claim here is incorrect; the Church had never prior to 1994 tied the use of capital punishment primarily to protection. It’s use has always been grounded on the need for justice. Given that there is a justice component involved with just war doctrine, in that sense they are similar.

Ender
 
One of the dangers I think in quoting past comments of saints, is that we cannot always apply the pratical conclusions that they made then, to the present times.St.Thomas Aquinas has the principles right ,but he would not have known about “electronic or camera survelliance of prisoners etc”.There is also a development of the practical enacting out of Church Teaching-that was what Vatican II really spells out in it’s teachings, say in the document of The Church in the Modern World.
Aquinas was right about the principles involved and those principles are unaffected by the passage of time and the enhancements of technology. Having said that, and as regards especially your example of Poland, there are times when it is necessary to give practical considerations more weight than in normal conditions. The peaceful restoration of the Polish state was advanced by a blanket amnesty. I think this is what JPII had in mind with his comments about the use of the death penalty: in our current climate it does more harm than good. I don’t share that opinion but I certainly understand it.
the Government showed the world what Catholics believe–that Mercy and Forgiveness-- hence Love in Christ is even better than Justice!
Do you believe that everyone should automatically receive mercy or do you believe that that its use should be conditional?

Ender
 
Do you believe that everyone should automatically receive mercy or do you believe that that its use should be conditional?

Ender
God is merciful. Everyone should have access to God’s mercy.
 
the Church had never prior to 1994 tied the use of capital punishment primarily to protection. It’s use has always been grounded on the need for justice.
Ender
Ender,
I’ve been following this thread, even though I’ve not contributed for a while.

I think you might be overstating the case above. I say this because the notion that punishment (*any *punishment) could be divorced from retribution as the first, primary, and absolute necessary aim would be a glaring error (as you are well aware), and the Church could never make that error. So, in that sense, the fact that capital punishment has retribution as its first and chief aim doesn’t distinguish it from any other form of punishment.

But, given that all punishment *must *be grounded on the need for justice. . . has the Church said anything about capital punishment and the aim of protection? I think it has, so it doesn’t seem to me to be a new development. (Although the kind of protection, and protection from what might be something that needs some exploration).

Thoughts?
VC
 
I disagree. Sin is not that simple. Sin also merits reconciliation, conversion, and forgiveness.
1863 *Venial **sin *weakens charity; it manifests a disordered affection for created goods; it impedes the soul’s progress in the exercise of the virtues and the practice of the moral good; it merits temporal punishment.
And, where punishment may be “merited” as you say, isn’t that God’s prerogative?
2266 *Legitimate public authority has the right and **duty *to inflict penalties commensurate with the gravity of the crime.

Ender
 
1863 *Venial **sin ***weakens charity; it manifests a disordered affection for created goods; it impedes the soul’s progress in the exercise of the virtues and the practice of the moral good; it merits temporal punishment.

2266 Legitimate public authority has the right and **duty **to inflict penalties commensurate with the gravity of the crime.

Ender
How is life in prison without the chance of parole not punishment?
 
1863 *Venial **sin ***weakens charity; it manifests a disordered affection for created goods; it impedes the soul’s progress in the exercise of the virtues and the practice of the moral good; it merits temporal punishment.

2266 Legitimate public authority has the right and **duty **to inflict penalties commensurate with the gravity of the crime.

Ender
And where does the Church teach that the death penalty is commensurate, objectively, with a given grave crime?
 
And where does the Church teach that the death penalty is commensurate, objectively, with a given grave crime?
This is a good question.

We know that the Church throughout her history has supported the State’s right to use capital punishment, therefore it seems clear that the Church believes that this is (for some crimes) a just punishment; if it was an unjust punishment the Church wouldn’t support it under any circumstance. That is, it fulfills the duty to levy a penalty that is commensurate with the severity of the crime so I think it is clear that the death penalty meets the requirements of a just punishment.

Your question, however, seems to be whether there is a lesser punishment that also meets the “commensurate” criterion and I really think the answer is no. Take serial killer Ted Bundy. It is apparent that no punishment is really sufficient to balance the books on his crimes but surely that is no argument for settling for less than the maximum punishment that can be imposed. If even the maximum is too little what argument can there be for accepting less? If a person owed you $2000 but could only repay $1000 would you suggest that, since the entire debt cannot be payed, you should collect only $900?

Ender
 
How is life in prison without the chance of parole not punishment?
Clearly it is punishment and very severe punishment at that but the question is whether for some crimes only the most severe punishment is adequate (commensurate).

Ender
 
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