What Does the Church Teach Concerning Capital Punishment?

3/21/2012

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dissolutionis. The public authority may not forego justice and exercise mercy on a malefactor guilty of a capital offense if the result would be to expose the public to harm. Obviously, the better the "organization of the penal system," the less the exercise of mercy exposes the public to harm. This is a contingent circumstance public authority must consider in exercising clemency.

In answering the question of when a malefactor who justly could be put to death ought to be the beneficiary of mercy, the responsible public authority must consider other contingent circumstances, such as the "concrete conditions of the common good," including the "public order." For example, the public authority might consider that there is a "growing tendency, both in the Church and in civil society, to demand that it [the death penalty] be applied in a very limited way or even that it be abolished completely." EV, 56.

The reason why this is a proper consideration is that the larger the proportion of the populace opposed to the death penalty is, the lesser the sense that such a punishment is required for vindicating the order of justice. While the malefactor might justly be put to death objectively without moral fault, the "public order" might not share in the sentiment that the malefactor ought to be put to death.

On the other hand, if the public sentiment is the opposite, the "public order" might demand that mercy not be extended to the fullest theoretical limits. An example of this is if granting clemency to a justly condemned malefactor would almost certainly result in rioting by the population.

Moreover, the public authority should consider the intrinsic dignity of the malefactor, who, though he has "marred" his dignity and has "deform[ed] the image of God in his own person," has not effaced it, and in fact never can efface it. EV, 36, The malefactor remains a human being whose fundamental ontological dignity is unaffected despite his crimes, and is the potential subject of God's grace and conversion. After all, he still has a soul. It is the traditional teaching of the Church that the conversion of one soul is worth the entirety of material creation. It is a manifest, extraordinary good. It is a pearl of great price. (Matt. 13:45)

That is the meaning behind the parable of the lost sheep, where the good shepherd leaves the ninety-nine that are safe, and is solicitous for the one who has gone astray (Matt. 18:12-14; Luke 15:3-7). The good of mercy exceeds the good of justice on a scale of 99:1. The Church, says the Venerable John Henry Newman, "holds that it were better for sun and moon to drop from heaven . . . than one soul, I will not say, should be lost, but commit one single venial sin." The exercise of clemency to allow a man more time to convert to God is a great good.

Iustitia sine misericordia crudelitas est says St. Thomas Aquinas in his commentary on the Gospel of Matthew. "Justice without mercy is cruelty." There is great good in mercy.

Even if there is some incremental good in the order of retributive justice that is lost by letting a man guilty of a capital offense live through clemency, the good in the order of mercy potentially gained, given the value of the conversion of a human soul, is vastly great and very arguably a better thing.

Finally, the times the Christian is enjoined to have mercy as mercy was had on him in the Scriptures is so prevalent as to resist citation. In a nutshell, the Gospel message is as Pope St. Nicholas I (r. 858-67) put it in his letter to the Bulgars: "You should save from death not only the innocent, but also criminals, because Christ has saved you from the death of the soul." Here is Pope St. Nicholas speaking in the order of mercy.

To the cry of "injustice!" from a man justly condemned to die, Christians will turn a deaf ear, for this is not true. But to the cry of "mercy!" from a man justly condemned to die, Christians will pause. It is in this forum--not of justice, but of mercy--where the sinner, the malefactor will always have an audience, and one that is biased in his favor.

Sure. We may be resistant, like Shylock in Shakespeare's Merchant of Venice. "On what compulsion must I? Tell me that!" Our sense of justice may be offended.

Though there be no compulsion of justice (and therefore no mortal sin), there is a sort of compulsion of mercy. Justice must be tempered by mercy. Shakespeare restates what we know to be the better virtue when he has Portia say in response to Shylock's question:

But mercy is above this sceptered 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.

We might also here adopt the prayer of St. Anselm of Canterbury which applies to all of us malefactors, for all of us have sinned and fall short of the glory of God. (Rom. 3:23). We all, like sheep, have gone astray. (Isaiah 53:6)

Parce per clementiam,
Ne ulcisaris per iustitiam.

Spare in mercy;
Avenge not in justice.

-----

Andrew M. Greenwell is an attorney licensed to practice law in Texas, practicing in Corpus Christi, Texas. He is married with three children. He maintains a blog entirely devoted to the natural law called Lex Christianorum. You can contact Andrew at agreenwell@harris-greenwell.com.
- - -

Pope Benedict XVI's Prayer Intentions for January 2013
General Intention: The Faith of Christians. That in this Year of Faith Christians may deepen their knowledge of the mystery of Christ and witness joyfully to the gift of faith in him.
Missionary Intention: Middle Eastern Christians. That the Christian communities of the Middle East, often discriminated against, may receive from the Holy Spirit the strength of fidelity and perseverance.

Keywords: capital punishment, death penalty, Gospel of Life, common good, justice, mercy, Andrew M. Greenwell

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1 - 10 of 37 Comments

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1 year ago
Judy, many good questions. Our society is in melt down. Why? because we have no spiritual leadership. Human life is cheap or has zero value at all. Capital Punishment not only IS justice but it is also a statement that we as a society place a high price on human life. The price is so high that anyone who murders will forfeit his life. God has already given us directions to live in a civil society. One of those directions is Capital Punishment. Do we remember the criminals who were crucified with Christ? The one who was saved "Admitted" that he was getting what he deserved but Christ was innocent. The Liberals have long beat the drum that capital punishment is revenge. A total lie.
Judy
1 year ago
Dr. John- "Leave vengeance to God. He will make things just". Think "The Holocaust"; WWII. Too savage? What about everyday crime and gang violence? Have you yourself been or seen persons or loved ones raped or killed? We must think about the criminal that is defect. By that , I mean any sick criminal ending w/the word (path), who is not capable of showing remorse. Then of course, there are those that commit a crime in a fit of rage and do show genuine remorse...thus, in my estimation, can be healed. And then, there are those who commit sex crimes, who may show remorse and cannot be healed. Society has a real issue. And it is not getting smaller or better. And it is not going away w/the vanishing of the family unit. In fact, as we both know, crime is on the rise w/the destruction of the family and the increased attitude on Self. And I am not saying that to be mean. I majored in Sociology. I discussed this issue in college. I went to prisons. Shelters. ETC. I have family in law and Lts. on Police Force. I have experienced the grief and compassion necessary. Prisons and gangs and unspeakable crimes have gotten out of hand since I got out of college. What does that say about our society? What does that say about how we have voted? What does that say about our words, deeds, and actions? What Have We Created? What does that say about Catholics practicing their Faith? On a side note, my Granddaughter told me: If it is discovered that these criminals (any will do) have a genetic disposition, then God Created them that way. The same goes for Gays. Comments? Keep On Thinking! Blessings...
MarkV
1 year ago
@Fr. Ralph Caley OSB/OHI: Here is the St Thomas Aquinas reference you were requesting.
"As stated above (Article 2), it is lawful to kill an evildoer in so far as it is directed to the welfare of the whole community, so that it belongs to him alone who has charge of the community's welfare. Thus it belongs to a physician to cut off a decayed limb, when he has been entrusted with the care of the health of the whole body. Now the care of the common good is entrusted to persons of rank having public authority: wherefore they alone, and not private individuals, can lawfully put evildoers to death."
-- St. Thomas Aquinas, Summa Theologica II-II, q. 64, art.3
Jed
1 year ago
Fr. Ralph:

If I remember correctly, it would be in the Summa under the topic of "Commutative Justice", or the role which man plays justly in his society and vice versa.
Matthew Hahn
1 year ago
"As he was speaking, the teachers of religious law and the Pharisees brought a woman who had been caught in the act of adultery. They put her in front of the crowd. 'Teacher,' they said to Jesus, 'this woman was caught in the act of adultery. The law of Moses says to stone her. What do you say?'They were trying to trap him into saying something they could use against him, but Jesus stooped down and wrote in the dust with his finger. They kept demanding an answer, so he stood up again and said, 'Alright, but let the one who has never sinned throw the first stone!' Then he stooped down again and wrote in the dust. When the accusers heard this, they slipped away one by one, beginning with the oldest, until only Jesus was left in the middle of the crowd with the woman. Then Jesus stood up again and said to the woman. 'Where are your accusers? Didn't even one of them condemn you?' 'No Lord,' she said. And Jesus said, 'Neither do I. Go and sin no more.'" -John 8:3-11

Why are we watering down the Gospel from Christ Himself?
Judy
1 year ago
Theresa H. and Vance: I agree. However, the Catholic Church has shown Mercy to those who have repented and I know of no ex-communications for abortion or its vocal support. The government has nothing to do w/this. Comment? Abortion and birth control are rampant and Euthanasia is right around the corner...especially w/Obama & Friends. Now, in the light of a living innocent life, of which these are, what are we voting and telling our government to do? What are we doing or saying to our friends? Are we living our Faith? These questions are not directed at you personally, but all of us. Can we not voice or vote that we are in favor of saving the innocent? Blessings...
Paul
1 year ago
I'm shocked and appalled by the disinformation spread by this article as to the teaching of the Church on capital punishment. As mentioned by another poster, John Paul II was absolutely, crystal-clear about this in Evangelium vitae:

"It is clear that, for these purposes to be achieved, the nature and extent of the punishment must be carefully evaluated and decided upon, and ought not go to the extreme of executing the offender except in cases of absolute necessity: in other words, when it would not be possible otherwise to defend society. Today however, as a result of steady improvements in the organization of the penal system, such cases are very rare, if not practically non-existent."
mgm.
1 year ago
Did'nt the Papal States have the death sentence on it's books ,I believe these laws were just dropped a few years ago ? am I wrong?
Vance
1 year ago
Theresa H, you are spot on. Abortion and Euthanasia are the "Real" Capital Punishment issues that need serious attention. Once again, the execution of a cold blooded killer is "Mercy" for the good of society. Once again I ask, when was the last time a murderer was executed in your state??? I bet you either don't know or can't remember when. This is why this article is a non-issue.
Theresa H.
1 year ago
While the death penalty in certain circumstances is justifiable (CCC 2267), the Church attaches the penalty of excommunication to every sin of abortion. Considering the numbers (over 50 million since Roe v.Wade), there is no comparison between the number of death penalties for convicted murderers and this staggering, ever-growing number of abortions of innocent children. Moreover, Abortion is ensconced in "positive law" as an "ok" thing to do and the offense is "protected" by the government and, in most instances, paid for by all of us (Planned Parenthood Funding, oversees Funding..., etc.). To deny the above is to put on "blinders" to endeavor to "justify" the election of a President (or a candidate for any office) whom we prefer--hopefully, for "other" reasons. But the fact is, nothing and no one can justify abortion, neither before God or man--It is contrary to the Natural Law.

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