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February 15, 2005
Politics and life issues
Sometimes committed Democrats who are pro-life and who feel the sting inflicted by the strong pro-abortion stance of their party like to try to tu quoque Catholic Republicans by pointing out that many Republican leaders approve of capital punishment, as if this were contrary to Catholic teaching. It is actually gratifying to pro-life Republicans that this is the most anti-life thing that their political opponents can think of to charge them with. There is no moral equivalency whatsoever between capital punishment, which is concerned with the duty of punishing the guilty and protecting society, and abortion, which is concerned with deliberately slaying the innocent. Even though I would like to see the death penalty inflicted as infrequently as possible, I am occasionally obliged to defend the practice (at least in theory) when someone (from ignorance, as often as not) claims that Catholic teaching forbids capital punishment or restricts it by impossible-to-attain standards.
First read this entire page of the Catechism. The whole thing, even the parts you don't like. Compare and contrast. I myself would prefer that we employed capital punishment most infrequently. However, capital punishment of the guilty is not intrinsically sinful, even venially. If it was, the Catholic Church would not permit it under any circumstances. Instead, the catechism would say that you could never do it and that it was never justified. Like it does for abortion, which involves the intentional slaying of the innocent. The Catechism acknowledges that goverments have a duty of justice which involves inflicting punishment commensurate with the offense. However, because we are Christians, we ought to favor merciful and medicinal punishments when it is within our power to do so. The last line of the section is from Evangelium Vitae, where the Holy Father basically issues us a challenge. He says, "you say your society is so advanced - so show me: find a way to treat even your gravest offenders with justice and mercy."
Historically speaking, this is a very rigorous challenge because nonlethal punishment of capital crimes typically involves imprisonment, and until very recently prison technology was not sufficiently advanced to make long-term imprisonment of dangerous criminals feasible except in exceptional circumstances (or so I learned from the History Channel).
So the question is not whether capital punishment is forbidden by Catholic teaching (it is not). The question is to what extent it is prudent for a particular society to resort to it. The following are open questions: Whether an average of 30-40 executions per year in a society with 16,000+ murders annually counts as "very rare;" whether the threat of capital punishment deters capital crime; whether life sentences generally not being life-long makes the death penalty more necessary in certain cases; whether the promise of impending death can move the guilty to salutary repentence; whether the use of extremely advanced modern detection and forensic science plus the extensive appeals process in America tries sufficiently to avoid punishing the innocent. People can in good faith hold different opinions on these questions without even contradicting the Holy Father's words in Evangelium Vitae. They may even legitimately have a different opinion than the Holy Father (though they run the risk of having an inferior and less perfect one). You may hash out these contentious issues in the comments boxes if you wish, and I will not interfere. However, what "legitimate diversity" means is that no one holding one of the permissible opinions may pretend that his is the only possible licit one. If you don't believe me, believe the Prefect for the Congregation of the Doctrine of the Faith when he says, "There may be a legitimate diversity of opinion even among Catholics about waging war and applying the death penalty, but not however with regard to abortion and euthanasia."
As a somewhat related issue, some people acknowledge the heinous nature of abortion but maintain that addressing imperfections in the system of capital punishment is an equally or more urgent need in our society. I could agree with them if there were only 30-40 abortions per year and 1.2 million executions (especially if many of the executed were likely to be innocent). However, it is just the opposite, with Certain Public Authorities I Could Name not stopping with merely tolerating abortion but actively promoting it and attempting to convince people that it is good and necessary to society.
So perhaps in my letter to the head of the RNC, I will take a reader's suggestion and urge him to encourage Republicans to be less eager to inflict the death penalty. But the main focus of the letter will be to commend him for the pro-life platform of the Republican Party and urge him not to take the support of pro-life voters for granted but to work harder on behalf of us who would like to see the scourge of abortion confronted decisively.
The Democrats are in a fix right now, not because they are an intrinsically evil party, or because their positions are all inferior to Republicans', or because they are trying on purpose to hurt people, but because their leaders have latched onto a really bad idea that is harmful to society and individuals whether you know that it is a sin or not. That needs to be fixed, so that their good contributions to political life are not vitiated by active promotion of the most massive social injustice of our time. I don't (necessarily) want Democrats to become more Republican or Republicans to become more Democrat; I want both of them to become more good.
Posted by Thomas A. on February 15, 2005 at 09:27 PM | Permalink
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In the meantime, check out this post at Catholicae Testudines where Thomas A. argues that it's not hypocritical for ardently pro-life Catholics to defend capital punishment. I think he's wrong, as my lengthy comment to his post attests. You know, if ... [Read More]
Tracked on Feb 16, 2005 7:23:34 PM
Comments
I guess this could be a little side note, but the one thing thats has always bothers when every I talk to people about the death penalty, or anything that relates to it, is the fact that some people can just take such pleasure from another human beings death. This passage reminds me of a comment I heard with my family. We were listening to the radio and a story of a captured child rapest came on. A comment was made about how someone hoped they get the death penalty. Of course I said something about this and of course started a debate, but I don't know, I just don't like it when people hope for the death of someone, even when they really, really deserve it.
I bring this up because when I was reading over that page of the catechism I came across the section on hatred and wishing evil upon someone. In this case, wishing the death upon person for what they've done seems pretty much like wishing evil upon them. I would imagine that this would conflict with the intent of innocent defense. Seeing as capital punishment is only allowed when it is intended to be the only means to prevent harm on others, I don't think it would apply when your intent is simply to see the person dead.
Just a thought.
Posted by: Sebastian | Feb 16, 2005 1:36:25 AM
Oh, come off it.
My comment (which I’m assuming prompted this post) made no reference to capital punishment being contrary to Catholic teaching. I simply suggested that calling oneself pro-life while accepting the legitimacy of capital punishment is hypocritical on its face. If you want to argue that you’re more actively concerned with abortion since abortion is more common that capital punishment, fine, but that's a separate point. It is in no way acceptable to claim the moral high ground associated with a “culture of life” while at the same time “feeling obliged to defend the practice” of capital punishment.
But, since you brought up the Catholic Church’s position on capital punishment…
I read your link. According to the Catechism, the Church accepts capital punishment “if this is the only possible way of effectively defending human lives against the unjust aggressor.” You’re right - the Church does not categorically forbid the death penalty. However, your attempt to defend capital punishment in the United States falls flat on a number of counts.
- The comparison of the number of executions each year with the annual number of abortions is irrelevant. Like I said above, this comparison has some validity when it comes to the particular issue to which you’d like to devote your time and attention, but it is completely unrelated to the question of the justice of capital punishment.
- Your “average of 30-40 executions per year” is plainly wrong, as anyone who actually clicked through to the website linked will see. In 2004, 59 people were executed in the United States. In 2003, it was 65. 2002, 71. You have to go back to 1996 to find year where the number of executions falls within the average range you suggest. Over the past ten full years, an average of 68.7 people were executed in the U.S. Deliberately presenting misleading information to bolster your case suggests you aren’t exactly arguing in good faith here.
- You also state that there is some doubt as to whether capital punishment deters crime. Recent studies have shown that capital punishment does not, in fact, deter crime. Furthermore, even if there were conclusive evidence that the death penalty served as a deterrent, that still does not make it allowable under the criterion of “effectively defending human lives against the unjust aggressor.” The aggressor here is the guilty party in a particular crime, not any future criminals. According to the Catechism, capital punishment is allowable only as a means of preventing the guilty party from doing further harm to society. The question of deterrence is therefore irrelevant.
- I’m not sure what to make of “life sentences generally not being life-long makes the death penalty more necessary in certain cases”. This isn’t an argument in favor of the capital punishment, this is an argument for making sure that life sentences are enforced.
- The question of impending execution moving “the guilty to salutary repentence [sic]” is beside the point. Again, the Catechism establishes that the death penalty is acceptable when it “has the primary aim of redressing the disorder introduced by the offense.” While the Catechism also states that capital punishment can have expiatory value, it makes clear that this “medicinal purpose” is not sufficient in of itself to justify capital punishment.
None of your “open questions” provides any support for the claim that capital punishment as it is currently enforced in the United States meets the standard laid out in the Catechism. So I repeat my claim that it is deeply hypocritical to rail against abortion on the grounds that it violates the sanctity of life while not at the same time condemning the death penalty.
Highlighting Republicans’ support for capital punishment is not “the most anti-life thing that their political opponents can think of to charge them with.” At least not this political opponent. I can easily point out half a dozen cases where Republican policies display a callous disregard for the value of human life. I brought up the death penalty because it is the most obvious, but by no means the most compelling, example of hypocritical opinions among “pro-lifers.”
Posted by: Danny | Feb 16, 2005 7:05:23 PM
Ack, sorry, I misunderstood your comparison of executions and murders - I thought you were comparing executions and abortions. I should have read more carefully and clicked all your links. My apologies.
That said, my larger point in that paragraph still holds. That the death penalty could be considered rare does not entail that is application is just.
Posted by: Danny | Feb 16, 2005 7:31:48 PM
"Since the death penalty was reinstated in 1976, 944 convicted murderers have been executed in the United States."
944/(2005-1976)=~32.5
It's true that the past decade has seen an increase, but the 70's and 80's had very low execution rates, so I would say that the 30-40 executions per year stands.
Posted by: Al T | Feb 18, 2005 7:49:30 AM
You also state that there is some doubt as to whether capital punishment deters crime. Recent studies have shown that capital punishment does not, in fact, deter crime.
I would like to see these studies. I doubt that you could have a good study that demonstrates that capital punishment does not deter crime. The problem is that the application of the death penalty is hardly uniform across the states. It is also hardly uniform as a punishment for a crime. The only way that I see capital punishment being a deterrence is if it was automatically applied to crimes like murder. As it stands now if I committed pre-meditated murder and was convicted it is unlikely that I would receive death as a sentence. Under these circumstances I can see how the death penalty would not be deterrence. In order for a punishment to deter it must be applied consistently so as to be viewed as the likely consequence of an action.
I would agree that the death penalty as it is being applied currently in America is unlikely to be deterrence. But this is potentially a problem of application, not because people will commit a crime regardless of their execution being a likely outcome.
Posted by: Al T | Feb 18, 2005 8:05:05 AM
"I’m not sure what to make of “life sentences generally not being life-long makes the death penalty more necessary in certain cases”. This isn’t an argument in favor of the capital punishment, this is an argument for making sure that life sentences are enforced."
On the contrary, because of our poorly structured legal system a jury may have the choice only between the death penalty and (in practice) some significantly lighter sentence, like 20 years imprisonment. If we view the guilty person as such a threat that 20 years imprisonment is insufficient in protecting society from his threat then it may be the only just thing to execute him.
Posted by: Al T | Feb 18, 2005 8:08:50 AM
"- The question of impending execution moving “the guilty to salutary repentence [sic]” is beside the point. Again, the Catechism establishes that the death penalty is acceptable when it “has the primary aim of redressing the disorder introduced by the offense.” While the Catechism also states that capital punishment can have expiatory value, it makes clear that this “medicinal purpose” is not sufficient in of itself to justify capital punishment."
On the contrary, the guilty party's lack of salutary repentence is part of the disorder introduced by the offense.
Posted by: Al T | Feb 18, 2005 8:21:12 AM
Statistics
I know where you got your average. I still maintain that it's misleading and borderline dishonest to say that an average of 30-40 executions take place each year. Before 1984, when 21 people were executed , there were no more than 5 executions in a given year. Since then, the average has been 44.4 executions each year. Also, you shouldn't have included 2005 in your calculation unless you counted it at 1/6 of a year.
Deterrence
You want studies, I'll give you studies.
- John Sorenson, Robert Wrinkle, Victoria Brewer, and James Marquart, "Capital Punishment and Deterrence: Examining the Effect of Executions on Murder in Texas," in Crime and Delinquency, vol. 45 (1999), pp. 481-493.
- William Bailey, "Deterrence, Brutalization, and the Death Penalty: Another Examination of Oklahoma's Return to Capital Punishment," in Criminology, vol. 36 (1998), pp. 711-733.
- Keith Harries and Derral Cheatwood, The Geography of Execution: The Capital Punishment Quagmire in America, 1997.
Researchers have considered the problems you suggest. It's a difficult to explore the putative deterrence effects of capital punishment, but it's not impossible.
But, as I wrote above, whether the death penalty is an effective deterrent is irrelevant to its validity according to the Catechism. Again, "Punishment has the primary aim of redressing the disorder introduced by the offense." As you yourself wrote, "goverments have a duty of justice which involves inflicting punishment commensurate with the offense." Punishment is not legitimate solely for the sake of deterrence. Deterrence, according to Catholic teaching, is irrelevant when considering the application of capital punishment.
Look, I read the Catechism section, like you asked. Either you're using the Catechism as the standard or you're not. Make up your mind. If you are, don't bring up deterrence. If you aren't, consider the fact that the death penalty doesn't deter crime.
Life sentences
Okay, so since "life sentences" are sometimes too short, we should execute people more? That's a rather extreme position. And certainly not one that is recognizably pro-life. A far more reasonable solution would be ensuring life sentences are enforced as such.
Expiation
By your reasoning, we should kill lots of people, since it'll make them more likely to repent their sins.
I don't get "the guilty party's lack of salutary repentence [sic] is part of the disorder introduced by the offense" from the section in the Catechism. I suppose there's room for disagreement on this point, but it seems pretty clear to me that the "medicinal purpose" is distinct from "the primary aim of redressing the disorder introduced by the offense."
If you claim to be pro-life and you defend capital punishment, you're a hypocrite. If you claim to follow the standard provided in the Catechism, you simply cannot justify capital punishment in the United States today.
Posted by: Danny | Feb 18, 2005 1:22:42 PM
Well, I'm glad to see you boys are playing so nicely.
Now, let's see what's in the Good Book...
When God bestows dominon upon Noah, He says
"If anyone sheds the blood of man,
by man shall his blood be shed;
For in the image of God
has man been made." (Genesis 9:6)
That being said...
"The quality of mercy is not strained.
It droppeth as the gentle rain from heaven
Upon the place beneath. It is twice blest:
It blesseth him that gives, and him that takes.
'Tis mightiest in the mightiest. It becomes
The throned monarch better than his crown.
His sceptre shows the force of temporal power,
The attribute to awe and majesty,
Wherein doth sit the dread and fear of kings;
But mercy is above this sceptred sway.
It is enthroned in the hearts of kings;
It is an attribute to God himself,
And earthly power doth then show likest God's
When mercy seasons justice." (Merchant of Venice, 4.1:179-192)
Posted by: Peter Terp | Feb 18, 2005 2:25:21 PM