More on the Church and Capital Punishment

This posting is a followup to my posting on June 12, 2004, about the Church and Capital Punishment.

In Lent of this year, 45 U.S. Catholic bishops from 12 southern states issued the fourth of their planned six statements on criminal justice. For the statement, see 34 Origins 63-64 (June 10, 2004).

The bishops begin by quoting a November 2000 statement of the U.S. Catholic bishops: "We are guided by the paradoxical Catholic teaching on crime and punishment: We will not tolerate the crime and violence that threaten the lives and dignity of our sisters and brothers, and we will not give up on those who have lost their way. We seek both justice and mercy...." (Emphasis added.)

The 45 bishops then declare, later in their statement: "A Catholic approach never gives up on those who violate laws. We believe that both victims and offenders are children of God. Despite their very different claims on society, their lives and dignity should be protected and respected. We seek justice, not vengeance. We believe punishment must have clear purposes: protecting society and rehabilitating those who violate the law...."

If anyone thinks that capital punishment can be reconciled--even if only "in principle"--with "not giving up on those who have lost their way", please indicate how it might be done. If anyone thinks that capital punishment can be reconciled--even if only "in principle"--with what the 45 bishops call the "Catholic approach" of "protecting and respecting" the lives of the offenders (as well as those of the victims), please indicate how it might be done.

Let me say again that as between, e.g., John O'Callaghan (Notre Dame, Philosophy) and E. Christian Brugger, Brugger seems to me to offer the more compelling reading of John Paul II's present theology, and of the Church's emergent theology, of capital punishment. (The 45 bishops are surely not out in front of John Paul II on this issue, are they?)

I worry that for too many, the position that there is there is room for prudential disagreement among Catholics with respect to the morality of capital punishment but not with respect to the morality of abortion is little more than an instance of politically inspired wishful thinking. Cf. Justice Scalia's statement that he is happy that opposition to capital punishment is not mandatory for Catholics because that would disqualify Catholics from being judges and "I like my job."

John Kerry supports, if not abortion, "abortion rights". George Bush supports (to say the least) capital punishment. What is a conscientious Catholic voter to do? I understand that Cardinal Ratzinger has said in a letter to the U.S. Catholic bishops that it would be wrong to back a candidate specifically because he or she supported abortion rights; but, according to Cardinal McCarrick, Ratzinger also "left open the possibility that a voter could legitimately decide to support a pro-abortion candidate, based on that person's overall platform."

Michael