The Church has consistently taught that the state has the authority to use the death penalty. But, in recent years, popes and bishops have become more vocal in calling for an end to its use. Many Catholics instinctively favor life over death, even after the worst crimes, and some are left wondering if the Church’s mind is changing.
Two recent cases highlighted an apparent tension between traditional teaching and modern circumstances.
On July 13, the bishops of Tennessee wrote to Governor Bill Haslam asking him to halt a slate of planned executions. In their letter, Bishops Mark Spalding of Nashville, Richard Stika of Knoxville, and Martin Holley of Memphis emphasized the value and dignity of every human life, even those who have committed the worst possible crimes.
One day earlier, on July 12, Cardinal Malcolm Ranjith, Archbishop of Colombo, expressed his “support” for the Sri Lankan government’s decision to introduce the death penalty for drug traffickers and organized crimes bosses.
“We will support [Sri Lankan] President Maithripala Sirisena’s decision to subject those who organize crime while being in the prison to [the] death sentence,” he told local media. The cardinal went on to add that more needed to be done to prevent drug traffickers and crime bosses from operating with impunity while in jail.
The Catechism of the Catholic Church teaches this: “Assuming that the guilty party’s identity and responsibility have been fully determined, the traditional teaching of the Church does not exclude recourse to the death penalty, if this is the only possible way of effectively defending human lives against the unjust aggressor.”
This formulation contains a heavy qualification. When exactly is the death penalty the only effective means of defending human life? That’s a thorny question.
St. John Paul II was outspoken in his opposition to the use of capital punishment. In an address in the United States, in 1999, he called for Christians to be “unconditionally pro-life” and said that “the dignity of human life must never be taken away, even in the case of someone who has done great evil.” He also spoke of his desire for a consensus to end the death penalty, which he called “cruel and unnecessary.”
That address, given in St. Louis, was credited with helping persuade to Missouri Governor Mel Carnahan to commute the death sentence of inmate Darrell Mease to life in prison.
More recently, Pope Francis has denounced capital punishment in even stronger terms. Speaking in October 2017, he called it “contrary to the Gospel” because “it is freely decided to suppress a human life that is always sacred in the eyes of the Creator, and of which, in the final analysis, God alone is the true judge and guarantor.” He has, however, stopped short of revising the official teaching contained in the Catechism.
There is a broad sentiment among American Catholics against the death penalty. It is a point of unusually strong consensus, even among those who normally disagree. In 2015, four Catholic publications with often-divergent viewpoints issued a joint editorial calling for an end to capital punishment.
But Catholic thinkers do not unanimously agree that a total renunciation of the death penalty is appropriate, or even possible.
Cardinal Joseph Bernadin, in his famous “Consistent Ethic of Life” speech delivered at Fordham University in 1983, explicitly recognized the legitimate authority of the state to resort to capital punishment. Cardinal Avery Dulles, writing in 2001, observed that “the Catholic magisterium does not, and never has, advocated unqualified abolition of the death penalty.”
While there is real scope for debate about when and how sparingly capital punishment should be used, Dulles concluded that “the death penalty is not in itself a violation of the right to life.”
While the trend of recent papal statements has been towards a relegation of the death penalty to, at most, a theoretical possibility, scholars have urged caution about going too far.
Dr. Chad Pecknold, associate professor of systematic theology at the Catholic University of America, told CNA that it was important distinguish between changing circumstances and a change in what the Church has always taught.
“The Church has always held that the death penalty is a just option available to the state, even if we do not welcome its use. St. Augustine says that the death penalty is just, but the Church should plead for mercy.”
“Mercy isn’t calling something that is just ‘unjust.’ Mercy relieves the punishment properly due to the guilty. As the Catechism recognizes, there can be circumstances in which the death penalty is a legitimate service to justice. This is qualified by a preferential option for other means, whenever they can serve the same ends.”
These alternative means have not been always and everywhere available. “The common and constant teaching of the Church can be applied to different circumstances. Alternatives available to us in modern western countries simply have not been present at other times, or may not be now in other places.”
There is a crucial difference between applying a consistent teaching to changed circumstances and appearing to suggest humanity has evolved beyond a previously valid doctrine, Pecknold said.
“The death penalty is not, and has never been a positive end in itself. It is a means towards serving justice. If we find we can now serve the same ends and express a preferential option for life, this is doubly good.”
In the West, conditions seem to be narrowing the scope for the death penalty’s use, and bishops are responding, which has led to a sense, especially after Pope Francis’ comments last year, that the Church might declare the death penalty absolutely unjust. Yet, as was recently seen in Sri Lanka and Tennessee, things are not yet the same everywhere.
That serves as a good reminder about the importance of understanding the Church’s global perspective, and the importance of distinguishing between teachings which supply criteria through which Catholics must make moral judgments, and teachings which declare that certain actions are, in fact, immoral everywhere and always.
Full story at Catholic News Agency.