The Catholic magisterium in recent years has become increasingly vocal in opposing the practice of capital punishment. Pope John Paul II in Evangelium Vitae declared that “as a result of steady improvements in the organization of the penal system,” cases in which the execution of the offender would be absolutely necessary “are very rare, if not practically nonexistent.” Again at St. Louis in January 1999 the Pope appealed for a consensus to end the death penalty on the ground that it was “both cruel and unnecessary.” The bishops of many countries have spoken to the same effect.
The United States bishops, for their part, had already declared in their majority statement of 1980 that “in the conditions of contemporary American society, the legitimate purposes of punishment do not justify the imposition of the death penalty.” Since that time they have repeatedly intervened to ask for clemency in particular cases. Like the Pope, the bishops do not rule out capital punishment altogether, but they say that it is not justifiable as practiced in the United States today.
In coming to this prudential conclusion, the magisterium is not changing the doctrine of the Church. The doctrine remains what it has been: that the State, in principle, has the right to impose the death penalty on persons convicted of very serious crimes. But the classical tradition held that the State should not exercise this right when the evil effects outweigh the good effects. Thus the principle still leaves open the question whether and when the death penalty ought to be applied. The Pope and the bishops, using their prudential judgment, have concluded that in contemporary society, at least in countries like our own, the death penalty ought not to be invoked, because, on balance, it does more harm than good. I personally support this position.
In a brief compass I have touched on numerous and complex problems. To indicate what I have tried to establish, I should like to propose, as a final summary, ten theses that encapsulate the Church’s doctrine, as I understand it.
1) The purpose of punishment in secular courts is fourfold: the rehabilitation of the criminal, the protection of society from the criminal, the deterrence of other potential criminals, and retributive justice.
2) Just retribution, which seeks to establish the right order of things, should not be confused with vindictiveness, which is reprehensible.
3) Punishment may and should be administered with respect and love for the person punished.
4) The person who does evil may deserve death. According to the biblical accounts, God sometimes administers the penalty himself and sometimes directs others to do so.
5) Individuals and private groups may not take it upon themselves to inflict death as a penalty.
6) The State has the right, in principle, to inflict capital punishment in cases where there is no doubt about the gravity of the offense and the guilt of the accused.
7) The death penalty should not be imposed if the purposes of punishment can be equally well or better achieved by bloodless means, such as imprisonment.
8) The sentence of death may be improper if it has serious negative effects on society, such as miscarriages of justice, the increase of vindictiveness, or disrespect for the value of innocent human life.
9) Persons who specially represent the Church, such as clergy and religious, in view of their specific vocation, should abstain from pronouncing or executing the sentence of death.
10) Catholics, in seeking to form their judgment as to whether the death penalty is to be supported as a general policy, or in a given situation, should be attentive to the guidance of the pope and the bishops. Current Catholic teaching should be understood, as I have sought to understand it, in continuity with Scripture and tradition.
Avery Cardinal Dulles, “Catholicism & Capital Punishment” (2001)