Affirming Justice and Mercy
June 28, 1996
Ohio Catholic Bishops
In 1987 we issued a statement "Justice and Mercy: Reassessing the Death
Penalty. "We also published several educational booklets as tools for
further prayer, reflection and study."1 In these documents we
emphasized our conviction: that capital punishment is not the most effective
way for today's society to punish criminals and protect society. It does not
rehabilitate; it is no more effective as a deterrent to violence than other
less dire penalties; and as a form of retribution, it adds to the confusion
in our society about the sacredness of life. We continue to stand by these
convictions.
We offer these further
reflections now because we know how easy it is to "harden one's heart"
against those persons on death row.
Dear Friends,
One of the most challenging
teachings of Jesus Christ was His command for us to love our enemies
(Lk.6:27; Matt.5:43). It is so easy for retribution to become revenge; for
angers, fears and prejudices to exercise negative influence on our public
actions. The very violence that frightens us so much ought not make us
proponents of violence.
We are keenly aware of the
anger, pain and grief experienced by victims of violent crime and their
families. Their sense of loss and outrage can be overwhelming. As Christians
we are called to help victims and their families bear these burdens so that
even in the midst of their suffering, they can experience the comfort and
support of a caring Christian community.
In our national bishops'
message "Confronting a Culture of Violence: A Catholic Framework for
Action", we lament the increased use of violent measures to deal with
difficult social problems, we observe how abortion is used in addressing
problem pregnancies; euthanasia and assisted suicide are advocated to cope
with burdens of age and illness; and the death penalty is promoted to deal
with crime. We write: "A society which destroys its children, abandons its
old and relies on vengeance fails fundamental moral tests. Violence is not
the solution; it is the most clear sign of our failures."2
We believe there is a firm and
effective alternative to the death penalty: life imprisonment. Such a
sentence provides just punishment, helps bring closure to victims' families,
eases the burdens on our court system, and will even save our public justice
system millions of dollars. Acknowledgment of human dignity and preserving
public safety do not need to be contradictory goals.
Moral Considerations
The Church's commitment to the
intrinsic value and dignity of human life is the basis for our opposition to
the use of the death penalty. In the 1995 Encyclical Letter "The Gospel of
Life", Pope John Paul II cites the scriptural example of God's punishment of
Cain to remind us that "not even a murderer loses his personal dignity."
While Cain himself is punished by God, he is not destroyed. The mark of
Cain, a visible sign of his offense, was also intended to protect and defend
Cain from the violence and hatred of those who might wish to avenge Abel's
death. Quoting St Ambrose, the pope writes: "God, who preferred the
correction, rather than the death of a sinner, did not desire that a
homicide be punished by the execution of another act of homicide."3
This does not mean that the
Church opposes the punishment of a wrongdoer. Punishment can be a vehicle
for the correction and conversion of the sinner, as well as for the
restoration of the public order made chaotic by the perpetrated crime.
Restitution to the families of victims is a component of such restoration.
Just punishment also
incorporates another purpose which is the defense of society and its
members. However, if it is not absolutely necessary to use the death penalty
to achieve this purpose, we are obligated to use "bloodless means"
(Catechism of CC 2267).4 Pope John Paul II states "The nature and
extent of the punishment must be carefully evaluated and decided upon, and
ought not go to the extreme of executing the offender except in cases of
absolute necessity: in other words, when it would not be possible otherwise
to defend society. Today, however, as a result of steady improvements in the
organization of the penal system, such cases are rare, if not practically
nonexistent.5
Ministry to Victims
The Gospel calls us to be
healing instruments of God's peace. In the teaching about the Good
Samaritan, we learn that we must "see" the victims; compassionately respond
to their immediate needs; provide follow up support; and remember to
"return" to further share Christ's healing message of love and forgiveness.
Too often our call for compassion and concern for the offender is misread as
overshadowing our concern and empathy for victims and their loved ones. Such
is not our intent.
We commit the Church's ministry
to extend effective outreach and support services to victim families and
friends. Abiding with the victim is essential for that person's physical,
emotional and spiritual healing. Never is one's faith in a loving God more
vulnerable than when suffering strikes in a swift and meaningless fashion.
As bishops, we remind priests and other ministers of the Gospel of our
mutual duty to attend quickly to victims in order to pray with them and
witness the love of God to them by our compassionate presence.
At the same time, our faith
also beckons us not to abandon the offender, to love this person in Christ,
and work and pray for his or her moral conversion and rehabilitation. We
emphasized in 1987 that no human life, no matter how sinful or lacking in
love, is without value. We continue our call for the humane treatment of
offenders including access to religious materials and services, family
contacts, and physical exercise.
Increased Education
We strongly support increased
efforts by pastors, educators and ministers to guide our parishioners in
moral decision making. This religious teaching will provide a moral
framework necessary for the proper formation of conscience. Such a framework
is grounded in Scripture and a consistent set of principles which reflect
the sacredness of all human life and a commitment to those things which make
life truly human.
Call to Public
Accountability
It is not absolutely necessary
for the defense of society and the citizens of Ohio to execute anyone. We
believe Ohio's death penalty system, as it stands today, is morally flawed
due to racial bias, unequal application and mistaken judgments.7
We are deeply concerned that persons with diminished culpability due to
mental retardation and/or established suicidal tendencies are being
sentenced to death.8
We encourage public officials
to replace the death penalty with life imprisonment. While public opinion
currently favors executions, we believe public opinion on this issue has
been shaped by misconceptions, overstated fears, and a desire for easy
solutions.9
We encourage public officials
to direct more time and resources toward promoting rehabilitation,
education, and prevention. The answer to crime is not as simple as more
persons and more executions. It also involves constructing a society where
every person has the opportunity to participate in economic and social life
with dignity and responsibility.
May the redemptive love of God
which can change hearts, convert people, and renew all things guide us as we
reflect, study, pray and act on this issue.
[Signed by all Bishops.]
1 "Justice and
Mercy: Reassessing the Death Penalty: Source book, Secondary Education
Curriculum Guide, Adult Education Guide, Homily Themes and Illustrations,
Pastoral Statement. Catholic Conference of Ohio, 1987.
2 "Confronting a Culture of Violence: A Catholic Framework for
Action. Catholic Bishops of the United States. USCC Office of Publication.
November, 1994
3 "Evangelium Vitae" (Gospel of Life): Encyclical Letter on the
Value and of Human Life. Pope John Paul II. March 25, 1996, Chapter 1,
Section 9.
4 Catechism of the Catholic Church. Libraria Editrice Vaticana,
Article 5, The Fifth Commandment Sections 2259-2267.
5 "Evang.Vitae" Pope John Paul II, Chapter III, Sections 55-58.
6 "Centesimus Annus" Encyclical Letter on the Hundredth
Anniversary of Rerum Novarum. Pope John Paul II, May 2, 1991.
7 "State Defender's Report", Ohio Public Defender Commission. The
Death Penalty Information Center. Washington, DC. Redelet, Bedau and Putnam,
"In Spite of Innocence" (1992) and Bedau and Redelet, "Miscarriages of
Justice in Potentially Capital Cases" Stanford Law Review (1987).
"The Morality of Capital Punishment: Equal Justice Under the Law?" Michael
E. Endres, Ph.D., Xavier University, Twenty-Third Publications, 1985.
8 State Defender's Report, Ohio Public Defender Commission and
Ohio Supreme Court case files regarding Ohio death row inmates.
9 "Sentencing for Life: Americans Embrace Alternatives to the
Death Penalty." Death Penalty Information Center, Washington, DC, April
1993.