Oregon Catholic Bishops
October 1984
"The
Lord is kind and merciful; slow to anger and rich in compassion" (Psalm
103). And we who are created in His image and likeness are called to be the
same. We, who are redeemed by a God who became one of us, are called to
mercy, forgiveness and compassion as followers of Jesus Christ.
What then must be our Christian response to a growing crime rate, to acts of
terrorism, to an increasingly more violent society, to a growing disregard
for the value of human life and the dignity of the individual person?
Death Penalty Not the Answer
To address these moral evils in
our society, many in our nation and in our State of Oregon are calling for
the reinstatement of the death penalty. But the death penalty is an
inadequate response to violence in our world, for the death penalty does not
deter; it is discriminatory; it is fallible; it is costly; it is real; it is
final; it's ultimate victims are all of us.
Consistent Life Ethic
Our faith in God calls us to
"choose life, not death." Our belief in a divine Redeemer calls us to
respect life in all it's forms. Our commitments as followers of Jesus call
us to a consistent life ethic, encompassing all human life from conception
through natural death, from the innocent to the guilty.
The Basis for the Dignity of
the Person and the Sanctity of Life
Rich in mercy and compassion is
our God, who gives us the priceless gift of life, and creates us in His own
image and likeness, the basis of our human dignity and the sanctity of life.
"Forgive us our sins, as we forgive those who trespass against us," is the
prayer of the Christian and the basis of our dignity as redeemed individuals
and a redeemed community.
Jesus sent the Holy Spirit to dwell in His Body, the Church, and to make
each of us a living temple of the Holy Spirit, the basis or our dignity as a
holy people, a people capable of repentance and conversion.
But more, we are called to follow in the very footsteps of our divine
Savior, to believe in our hearts the good news of our salvation, and to
practice in our lives His message of love, forgiveness and peace.
The Example of Jesus
Jesus, our Redeemer, who taught
peace and forgiveness by word and example, was Himself the Victim of capital
punishment, the innocent Victim of the death penalty, who would pray for His
executioners, "Father, forgive them, for they know not what they do." Luke
23:34.
As our Savior gave His life on the cross, He forgave the thief who repented,
promising him, "This day you will be with me in Paradise" Luke 23:43. He
forgave many others who repented and saved the woman taken in adultery from
the death penalty with the words, "Let the one who is without sin cast the
first stone." John 8:7.
Our Religious History
Our religious history, before
and after the time of Christ, is replete with examples of those who suffered
the death penalty innocently: the Apostles themselves, 30 of the first 31
Popes, the early Christian martyrs and those still being put to death today
for their religious beliefs. It is fitting that the Church, long an innocent
victim of the death penalty, should now seek a more Christ-like response to
violence and crime. Our religious history is also one of repentance and
conversion, of saints and sinners. The leader of the Chosen People, Moses,
murdered an Egyptian (Exodus 2:12), The great King David, one of the
ancestors of Jesus, would premeditate the murder of Uriah the Hittite, so
that he could marry Uriah's wife, Bathsheba, who would give birth to King
Solomon (2 Samuel 11:15). His repentance is recorded in the widely known
51st Psalm, "Have mercy on me, O Lord."
A man who participated in the stoning of Stephen (Acts 7:58)and may have
been involved in the deaths of some other early Christians (ACTS 9:1 and
22:4) repented and became the great Apostle St. Paul, after hearing the
words, "I am Jesus of Nazareth whom you are persecuting."
The Position of the Bishops
The American Catholic bishops
have repeatedly called for an end to capital punishment in this country. In
1974, out of a commitment to the value and dignity of human life, the
Bishops of the United States declared their opposition to capital
punishment. In 1978, the Bishops' Committee on Social Development and World
Peace reiterated this policy, "We continue to support this position
(opposition to capital punishment) in the belief that a return to the use of
the death penalty can only lead to the further erosion of respect for life
in our society."
And in 1980 the Bishops overwhelmingly approved a lengthy statement calling
for the abolition of the death penalty in this country.
A Development of the Public
Conscience
Both our religious history and
our national and state history show that there has been a development of our
public conscience, a growth toward a more humane way of punishing the
criminal, and a process that is in keeping with the dignity of the
individual, the possibility of repentance and conversion, and the tender
compassion of our God.
The Law of the Covenant with Moses required the death penalty for some 15
different crimes, including idolatry, false prophecy, adultery, homosexual
behavior, cursing one's parent and kidnaping.
In our own country's history, people have been put to death for petty theft,
counterfeiting, spying, arson, witchcraft, sodomy, rape and adultery.
The Teaching and Example of
Pope John Paul II
Our present Holy Father, Pope
John Paul II, has often spoken on the dignity of the individual as a basis
of respect for life in all its forms, saying in his recent encyclical,
Redemptor Hominis, "The human person - every person without exception -
has been redeemed by Christ, because Christ is in a way united to the human
person, even if the individual may not recognize this fact." (#l4, p. 11)
Our Holy Father, himself the victim of attempts on his life, has shown by
word and example what our attitude should be. During the Christmas season,
1983, he visited one of his assailants, Mohammet Ali Agca, in prison.
Afterwards, he said, "We have spoken to one another as brothers." In the
face of the love, compassion and forgiveness of theVicar of Christ, a
convicted criminal would express sorrow and repentance.
Experience of Other Nations
Capital punishment is not a
solution to capital crime. The death penalty is a dying institution in this
latter part of the 20th century. It has already been abandoned in much of
the civilized world. England, Canada, the Scandinavian countries, most of
Western Europe and the majority of countries in the Western Hemisphere have
abolished it.
The State of Oregon
In our own State of Oregon, the
citizens first abolished the death penalty in 1914, but with World War I and
the great social changes of the time, the people restored it 6 years later.
In 1964, Oregonians overwhelmingly ended the death penalty, but again
reestablished it in 1978. (This measure was later declared unconstitutional
by an Oregon supreme Court decision in 1981.)
Arguments Against the Death
Penalty
If we have learned anything
from our religious and social history about capital punishment, it is that
the death penalty is not equal justice; that the death penalty is not a
deterrent to serious crime; that the death penalty is costly; that the death
penalty makes irreversible mistakes: and that the death penalty is not
consistent with our respect for life as Christians.
Discriminatory
The death penalty is not equal
justice. It is clearly discriminatory. Only one percent of all convicted
killers end up on death row. They are on death row often because they are
poor, young, uneducated, or members of minorities.
In 1954 ten teenagers were legally executed. All were black. As of August 1,
1984, of those now on death row in our country, 42% are black (compared to a
12% black population) and 51% are white (compared to 83.2% white
population).
In Oregon, the young, the unskilled, the poor, the minorities make the
record of those put to death really: Frank Seymour, age 19, and Mike Spanos,
a 21-year old tailor from Greece, put to death by hanging in 1913; John
Anthony Soto, age 17, put to death in the gas chamber in 1942; Harvey
Cunningham and Robert E. Lee Folkes, age 20, both blacks, both put to death
for "killing a white" as noted in the records of Oregon in the 1940's; James
Harvey Thomas, 19 year old mechanic, Wardell Henderson, 24 year old black
mechanic.
Does Not Deter
The death penalty is not a
deterrent to serious crime. Various studies and data definitely question the
effectiveness of the death penalty as a deterrent to crime. Most serious
crimes are committed in the heat of passion and are not premeditated. If
anything, some studies show the death penalty may stimulate more violent
crime, by demonstrating a public disregard for life. (The six states with
the lowest murder rates have all abolished capital punishment.)
Does Not Save Money
The death penalty is costly. It
does not save money. A study by the New York State Legislature estimated the
costs for the execution of one person (with the mandatory court appeals) at
more than $2 million, while maintaining a prisoner for 30 years costs
between $300.000. and $750,000.
Capable of Error
The death penalty makes
irreversible mistakes. Of 93 people sentenced to die in Oregon since 1903,
two were later found innocent, and a significant question arose about the
guilt of a third. Nationwide, 105 of the persons executed or imprisoned for
life were later found to be innocent. (Palmer: A Study of Murder, 1960).
Does Not Respect Life
The death penalty is not
consistent with our respect for life as People of God. The death penalty
denigrates the very gift of life which we are all taught to respect, and so
all life suffers the life of the unborn, the life of the disadvantaged, the
life of the elderly, the life of our brother, our sister, our fellow human
being. The hidden victim of any execution is the public conscience, and we
all suffer in our respect for the sanctity of all human life each time
someone is put to death in our name.
The Bishops' Challenge
The Catholic Bishops of our
nation recently challenged all of us to the witness of Jesus' own love,
which calls us always to love our neighbor and leads us to the "presumption
which binds all Christians; we should do no harm to our neighbors; how we
treat our enemy is the key test of whether we love our neighbor; and the
possibility of taking even one human life is a prospect we should consider
in fear and trembling. " (Challenge of Peace, Art. 80)
A Call to Prayer and Reflection
We, the Catholic Bishops of
Oregon, call our people to reflect prayerfully on this issue of capital
punishment and the larger moral issue of respect for life.
We agonize in faith and love over the value of life in a society that gives
every evidence of a disregard for human life: alcoholism of epidemic
proportions, drug trafficking as a multi-billion dollar a year business,
carnage on our streets and highways, legalized abortion on demand, sexual
exploitation of the young, the portrayal of sex and violence in the media,
excessive consumption of this world's goods, the endangering of all life on
our planet by the continuing proliferation of nuclear weapons.
The Victims of Crime
We empathize in a special way
with the victims of violent crime and their families, who are often the
first to show forgiveness and compassion to the perpetrators of crime.
Our hearts go out, too, to those who work in the legal and correctional
professions as they deal daily with the rehabilitation of criminals in our
society in a just and humane way.
The Concern of the Bishops
We repeat here the words of the
Bishops' Statement on Capital Punishment of 1980: "We do not profess the
abolition of capital punishment as a simple solution to the problems of
crime and violence. We affirm that there is a special need to offer sympathy
and support for the victims of violent crime and their families . . . The
care and support that we give to the victims of crime should be both
compassionate and practical . . . it is the special responsibility of the
Church to provide a community of faith and trust in which God's grace can
heal the personal and spiritual wounds caused by crime and in which we can
all grow by sharing one another's burdens and sorrows."
Practical Solutions
The Bishops call for practical
steps to be taken to improve the criminal justice system: "We insist that
important changes are necessary in the correctional system in order to make
it truly conducive to the reform and rehabilitation of convicted criminals
and their reintegration into society. We call upon governments to cooperate
in vigorous measures against terrorists who threaten the safety of the
general public and have taken the lives of the innocent. We acknowledge that
there is a pressing need to deal with social conditions of poverty and
instances which often provide the breeding grounds for serious crime."
Our Personal Response
The Bishops' Statement tells us
that we must all be a part of the solution to the problem of crime and
violence: "We urge particularly the importance of restricting the easy
availability of guns and other weapons of violence. We oppose the
glamorizing of violence in entertainment, and we deplore the effect of this
on children. We affirm the need for education to promote respect for the
dignity of all people. All of these things should form part of a
comprehensive community response to the very real and pressing problems
presented by the prevalence of crime and violence in many parts of our
society."
A Reform of the Criminal
Justice System
In conclusion, it is our
judgment that neither the reinstatement nor the abolition of the death
penalty will provide a solution to the growing rate of crime. Its
reinstatement will tend only to escalate brutality and encourage violence.
Its abolition may be interpreted by some that we are soft on crime. Rather,
we advocate a basic reform of the very system of justice which will make it
possible to abolish the death penalty, reduce crime and thus improve the
criminal justice system at work in our nation.
This will require careful study, immense energy, adequate funding, and great
perseverance - but after all, doesn't all justice that is tempered with
mercy require this? The easy solution that is based on vindictiveness
doesn't solve anything - it only punishes.
Rich in Mercy and Compassion
"The Lord is kind and merciful;
slow to anger and rich in compassion." As members of God's family, created
in His image and likeness, we are called to love all our brothers and
sisters without exception. As members of God's holy People, a redeemed
community of faith and love and service, we are called to the same mercy and
compassion of our Divine Redeemer, who came and lived among us.
MOST REV. CORNELIUS M. POWER, DD.
MOST REV. THOMAS J. CONNOLLY, D.D
MOST REV. KENNETH D. STEINER, D.D.
MOST REV. PAUL E. WALDSCHMIDT, CSC, DD