Capital Punishment and Catholicism

Capital Punishment and Catholicism

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Among the major nations of the Western world, the United States is singular in still having the death penalty. After a five-year moratorium, from 1972 to 1977, capital punishment was reinstated in the United States courts. Objections to the practice have come from many quarters, including the American Catholic bishops, who have rather consistently opposed the death penalty. The National Conference of Catholic Bishops in 1980 published a predominantly negative statement on capital punishment, approved by a majority vote of those present though not by the required two-thirds majority of the entire conference (1). Pope John Paul II has at various times expressed his opposition to the practice, as have other Catholic leaders in Europe.

Some Catholics, going beyond the bishops and the Pope, maintain that the death penalty, like abortion and euthanasia, is a violation of the right to life and an unauthorized usurpation by human beings of God's sole lordship over life and death. Did not the Declaration of Independence, they ask, describe the right to life as "unalienable"?

While sociological and legal questions inevitably impinge upon any such reflection, I am here addressing the subject as a theologian. At this level the question has to be answered primarily in terms of revelation, as it comes to us through Scripture and tradition, interpreted with the guidance of the ecclesiastical magisterium.

In the New Testament the right of the State to put criminals to death seems to be taken for granted. Jesus himself refrains from using violence. He rebukes his disciples for wishing to call down fire from heaven to punish the Samaritans for their lack of hospitality (Luke 9:55). Later he admonishes Peter to put his sword in the scabbard rather than resist arrest (Matthew 26:52). At no point, however, does Jesus deny that the State has authority to exact capital punishment. In his debates with the Pharisees, Jesus cites with approval the apparently harsh commandment, "He who speaks evil of father or mother, let him surely die" (Matthew 15:4; Mark 7:10, referring to Exodus 2l:17; cf. Leviticus 20:9). When Pilate calls attention to his authority to crucify him, Jesus points out that Pilate's power comes to him from above-that is to say, from God (John 19:11).