Mirror of Justice

A blog dedicated to the development of Catholic legal theory.
Affiliated with the Program on Church, State & Society at Notre Dame Law School.

Wednesday, January 9, 2008

No Takers on the Non-Homicide Death Penalty Question

I've had no response, from blogger or reader, to my earlier post asking if anyone tries, under Catholic thought, to justify the death penalty for a non-homicide crime (including the horrific crime of child rape, the issue now before the Supreme Court in a case involving a man's rape of his stepdaughter).  It may be simply that no one was moved to respond, but I'll posit that it's because there is no cognizable justification for execution in such a case: that is, that even if one rejects John Paul II's "imprisonment is enough to protect society" argument and finds the death penalty could be appropriate in some cases as a matter of redressing the disorder caused the offense, taking a life by execution cannot be appropriate redress for a crime that does not involve the taking of a life.  But there must be some Catholic legislators voting for these laws in the four states that have enacted them since 1997, and some Catholic prosecutors involved in the two Louisiana cases (including the one before the SCT) in which death sentences were imposed.

Tom

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