A Reflection on the Death Penalty
By Fr. Vincent Rubino, OFM Conv.
Responding to a Possible Need
The US Catholic Bishops have asked US Catholics to sign a petition asking for a
moratorium on the death penalty. The Bishops intend to have this petition sent to
the United Nations. After speaking to some of our parishioners concerning this
topic, I have become aware that this may be an issue for some people in our parish. There are some Catholic people who support the death penalty under certain circumstances. There are some Catholics who are undecided as to where they stand on the issue. There are also Catholics who are clearly against the death penalty. I would like to respond by offering a theological reflection on this issue. It is my hope that my reflection may help people understand more fully the Catholic Church’s position concerning the death penalty.
Laying a Foundation
I will begin by laying a foundation. This foundation is simply an identification
and affirmation of various "goods". When I say "good", I mean something that is to
be valued. There are many goods to be acknowledged and safeguarded by the Human
Race. There are two goods that I would like to identify and lay as a foundation
for the Catholic Church’s teaching on the death penalty. They are: the salvation
of souls and the right to life.
Salvation of Souls
To understand the Catholic Church’s position on the death penalty, we must start
with what I believe is the most important fundamental good: the salvation of souls.
The salvation of souls is the highest good to be safeguarded by the Human Race. We
must know that God’s patience towards the Human Race is directed towards our
salvation. God created us to be "saved". To be "saved" means to be in communion
with God. Those who are "saved" are saved from not being communed with God for all eternity. God wants us to be communed with Him for all eternity. This is why God created us. Although I cannot prove this good to you, I can simply state this out of faith.
God Desires the Salvation of All People
We must also realize that God desires that all people be saved, not just some
people. Salvation is not reserved for a select few. God offers the gift of
salvation, an eternal loving relationship, to all people. Salvation is a gift
because it is freely given to us by God. It is something that we do not merit. We
do not deserve this gift. The gift is a loving relationship with God and all other
souls communed to Him. Loving relationships, by the very nature of love, have the
quality of being free. Each person in a loving relationship must give of him or
herself freely. If the gift of self is not given freely, then it is not truly
love. That is why God cannot force His love on anyone, nor can we demand the gift
of His love. I say that this gift is offered to all because it is inconceivable to
me that God would create some human beings and not offer them the gift of a
relationship with Him. If that were so, then I think that God would be an evil
God. So I take it as a fundamental truth that God offers the gift of salvation
to all people.
The Right To Life
In creating us, God has given to us the right to life. God gives us the gift of life. We were created out of nothing by God and in cooperation with our parents. We humans are co-creators with God. I cannot prove that the right to life is a fundamental good, so I state and affirm this in faith and, I believe, in right judgment. I do point out that this is clearly stated in the Ten Commandments given to us by God. We all know of the commandment, Do not kill. This commandment can also be stated in a non-negative way if we state it like this:Life is precious.
What we need to realize is that God is the author of our life and that God is the only one who has the "right" to take life away. Since we did not create humans out of nothing, then they do not belong to us; we belong to God. It is the Author of Life who has the right to take the life He is responsible for creating. A question that we may ask is whether or not this "good" is absolute or whether or not people may forfeit their right to their life. I will simply raise and acknowledge this question now without attempting to give an adequate answer at this time.
If the right to life is to be affirmed, it must be affirmed and acknowledged in various ways. One way this right should be affirmed is in the protection of all people in our world. We have the right to live in a world and society that will allow us to grow in holiness. We have the right not to be murdered. We have the right not to be physically, mentally, or spiritually abused. These rights should be safeguarded in a society as much as possible.
Justice and Mercy
What of our question: "Is the right to life absolute? Can it ever be forfeited by people?" Let’s talk about justice and mercy. What is justice? There may be various definitions of justice. I propose this definition: Justice is giving to one what is due. We may say that worshiping God is a matter of justice because that is what is properly due to Him. We could also say that giving God acknowledgement and thanksgiving for all of our gifts and talents is also a matter of justice since all that we have that is good comes from God. ,i>All good comes from God. We cannot claim credit or glory for anything that is good in ourselves.
What would justice say concerning sinful acts? I have heard it said that the punishment should equal the sin. In other words, the punishment due to a sin should be equally proportionate to the gravity of the sin. If someone steals a penny, then a penny should be paid back. Would it not seem absurd to require someone to pay back $10,000 after stealing just a penny? I think it would be absurd. Punishment proportionate to the gravity of the sin seems to me to be acceptable justice.
What does justice demand concerning the sin of taking a life? I will give you my own personal answer to this question. As far as I can see, it seems justifiable to me that someone who takes the life of another deserves to lose his or her own life. I think that justice would demand this. If this is true, then why is it wrong for the State to utilize the death penalty? In order to answer this question we need to look to "mercy" and understand what it is.
There may be many definitions of mercy. I like to describe mercy like this: Mercy is when one person who is hurt by another person forgives that other person even though the other person doesn’t deserve the forgiveness. Mercy mends relationships despite the demands of justice. Justice may demand punishment for a sin, but mercy overpowers justice by repairing a relationship broken by sin. Please keep in mind how mercy counteracts justice in that it repairs relationships rather than keeping a broken relationship broken.
When Justice and Mercy Meet
However, justice and mercy may work together. Mercy may mend a broken relationship while justice attempts to make amends for the injustice done. This principle is applied in the Sacrament of Reconciliation where, even though God forgives one’s sin, some means of satisfaction may need to be made. For example, suppose that someone stole $100 from another person and confessed this during the Sacrament of Reconciliation. Even though the sin is forgiven, the person should make an attempt to pay back the $100 to the person if possible. If not possible, then the person could donate $100 or some appropriate amount to another person or organization. Satisfaction must be made for the offense.
In understanding the Church’s teaching on the death penalty, we must know of God’s justice and mercy and how they rest upon the foundation of the two fundamental goods of the salvation of souls and the right to life. I believe that God is an infinitely Just God, but He is also an infinitely Merciful God. In fact, I believe that God’s mercy is more powerful than His justice! I also believe that God does not want to inflict His just punishment on us. Rather, He wants to save us from a broken relationship with Him through His mercy. God does not want us to go to Hell; He wants us to go to Heaven. Hell is eternal separation from God; Heaven is eternal union with God.
A Hierarchy of Goods
Therefore, with regard to the death penalty, I believe that the Catholic Church’s position is proper and justified. It rests on a firm foundation of fundamental human goods and an interaction between justice and mercy. Many people may be aware of other fundamental human goods that need to be safeguarded. In identifying only two fundamental human goods, I in no way intend to deny or ignore any other goods. I would, however, like to comment on what I believe is another principle connected to the issue of the death penalty. I believe that among the various goods there is a hierarchy among the goods. Some goods are more important than others. As I stated earlier, the good of the salvation of souls is the highest good. There is no good that could be higher or more important than this good.
God’s Justice and Mercy in Jesus Christ
Did not God "give it all" for our salvation? God the Father sent us His only Son into the world to suffer and die on the cross for us. There is nothing greater God could have given to us than His suffering and death on the cross. In freely accepting His death on the cross, Jesus gave up His right to life so that others might live. As Christians, we need to know and realize that God the Father took out the just punishment due for all sins that were committed and will be committed upon His only Son. Jesus bore the just punishment for our sins. God paid the price for our sins; He took justice out on Himself!
Our Time to Repent; Our Time of Mercy
Executing a man deserving death before he has the chance to repent of his sins would result in the eternal loss of his soul. Those people who die in mortal sin, or completely disconnected from God, continue this existence after death. Those people who die in the state of repentance will be with God in Heaven. Our choice for God must be made in this life. When we die, the time for repentance and mercy is over. The choice we make at the hour of our death is the choice we make for all eternity.
Two Measures for Each Soul
God has two measures for each soul: one is of justice and the other is of mercy. Those who refuse His mercy will meet His justice. I believe that in the case of someone who commits a sin where death would be a just punishment, God first desires to meet that person with His mercy. Remember that God wants all people to be saved and that He is very concerned for those in most need of His mercy. For those who, for whatever reason, cry out for someone to be put to death who rightfully deserves death, I offer these words that I will put in the mouth of God: "I know this one deserves death, but I myself have paid the price of the just punishment due to the sin. I created this person, and I redeemed this person. This person belongs to me. If you would be my disciple, pray that this person repent of the sin so that I may save him. I am an infinitely just and merciful God. If this person refuses to accept my mercy, then my justice must act. I have all eternity to punish those who refuse my mercy. You can never know the pain I experience over the loss of a single soul. I died that all may have life. The more you know of my mercy, the more you will know of who I AM. Remember, none of you are without sin, so let those of you who are without sin cast the first stone!"
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