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DEFENDING THE CALL OF POPE FRANCIS ON THE ABOLITION OF DEATH PENALTY By Prof. Ramon Gitamondoc

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Pope Francis Tells Philadelphia Inmates 'All of Us Have Something We Need to Be Cleansed of' - ABC News

Pope Francis Tells Philadelphia Inmates ‘All of Us Have Something We Need to Be Cleansed of’ – ABC News

Iankarl Ocxt
It shouldnt be abolished. The Pope Emeritus was clear that the issue on capital punishment isnt on the same as footing as euthanasia, abortion and gay marriage, so we’re free to disagree. While for me it shouldnt be abolished, the State must be prudent in executing it. Dapat sa mga heinous crimes lang ito igawad like murder.
Whether some innocent people have unjustly been put to death have nothing to do with whether or not capital punishment is morally acceptable when it is done on the guilty. Of course we must be sure beyond doubt that the person to be executed is indeed guilty and deserves the punishment. I have no qualms to the fact that our judicial system needs to be cleaned up big time, but that is irrelevant. It doesnt make sense to abolish punishments just because some people MAY be accused unjustly.

For if we do away with death penalty, why not do away with other punishments as well???

As for its abolition in order to give the guilty a chance to “redeem himself”, I would love to follow the thinking of the Angelic Doctor, that death sentence can be expiatory, something that can lessen the guilty’s duration on Purgatory:

“Even death inflicted as a punishment for crimes takes away the whole punishment for those crimes in the next life, or at least part of that punishment, according to the quantities of guilt, resignation, and contrition; but a natural death does not.”

Some of the words from the Compendium were taken from St John Paul’s encyclical Evangelium Vitae. In there, the saint wasnt proclaiming any dogmatic statement; he was giving his prudential judgment on the matter.

As for the “dignity” of those guilty of murder (which I maintain na dapat lang ibitay), Pope Pius XII emphasized the traditional Catholic teaching that the State has the right to execute a murderer; he has taken away his own dignity by shedding innocent blood. The right of the State to resort to death penalty has Scriptural and Magisterial backing.

And since thats the case, we shouldnt frown at capital punishment as if it is intrinsically evil like abortion, because it is not.

Ramon Gitamondoc
What Mark Castor quoted above can also be found in the Catechism of the Catholic Church which is the universal catechism of the Church promulgated by Saint John Paul II. It embodies the latest development of thought on the subject of death penalty and carries the weight of Magisterial authority. As such, what is embodied therein should guide us when discussing the issue of death penalty.

While it is true that the Church recognizes the right of the state to imposed death penalty but She does so only permissively under very strict circumstances as stated “if this is THE ONLY POSSIBLE WAY (emphasis mine) of effectively defending human lives against the unjust aggressor”(CCC 2267).

The ordinary and prescriptive way to redress injustice when heinous crimes are committed is what is stated in the next paragraph: “If, however, NON-LETHAL MEANS (emphasis mine) are sufficient to defend and protect people’s safety from the aggressor, authority will limit itself to such means, as these are more in keeping with the concrete conditions of the common good and more in conformity to the dignity of the human person.”

In the paragraph which follows, the Church expresses her assessment of the modern day situation “Today, in fact, as a consequence of the possibilities which the state has for effectively preventing crime, by rendering one who has committed an offense incapable of doing harm – without definitely taking away from him the possibility of redeeming himself – the cases in which the execution of the offender is an absolute necessity “ARE VERY RARE, IF NOT PRACTICALLY NONEXISTENT.” (emphasis mine)”68

Thus the burden of proof falls on the state (and on those who are in favor of the imposition of death penalty) to prove that indeed imposing death penalty is the ONLY POSSIBLE WAY otherwise we should be against its imposition by the State. Also, Pope Francis is the competent authority to determine whether the strict conditions by which death penalty may be temporarily tolerated are present. But based on the Pope’s judgment they are not and the Pope does not have to speak “ex cathedra” or make a “dogmatic pronouncement” for us to submit to him. 

Iankarl wrote: Whether some innocent people have unjustly been put to death have nothing to do with whether or not capital punishment is morally acceptable when it is done on the guilty.
My comments: True but it has everything to do on the question on whether death penalty should by necessity be imposed on a particular state or not considering that the punishment is already irreversible. Iankarl’s retort that “For if we do away with death penalty, why not do away with other punishments as well???” does not apply in this extreme situation of taking a persons’ life. You cannot bring a dead person back to life if later his innocence was proven and it was just a case of mistaken identity. The moral and legal maxim still holds that “it is better to acquit a thousand criminals than to convict one innocent person.” Again Iankarl should consider the moral conditions (extreme circumstances) by which the Church tolerates the imposition of death penalty. To advocate for its imposition in our present context is to me indefensible. 
Prof. Ramon, Pope Francis has been emphatic in his stand against death penalty, that capital punishment is cruel, inhuman and an offense to the dignity of human life. There is no crime in the world, according to him, that deserves the death penalty.

This I think is tantamount to saying that death penalty is intrinsically evil, which makes his view contrary to the perennial teaching of the Church that death penalty is NOT evil in and of itself. If we are going to take his words as endowed with magisterial authority, then Catholicism would not be what it claims it is. Whatever happened to consistency of doctrine? If this is the “latest development of thought” about capital punishment, then I respectfully disagree with Christ’s vicar. I believe that The Pope, despite his authority, has no power to change teachings thats so well-established such as this. The pope must be the guarantor and preserver of Tradition, not its maker.

And it is from this premise (that it is inhuman and cruel per se) that the Pope calls for the abolishment of death penalty.

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While the Catechism is “a sure norm for teaching the Faith”, as JPII said, I dont subscribe to the notion that each and every word on the Catechism must be considered “de fide definita” since there are varying degrees of authority. As for me, I always ask the question, “Is this Catholic tradition, or a departure from it?” To treat death penalty like it is abortion or euthanasia and to base its abolishment from this view is I think a departure from it.

Prof, may I ask, are we still bound to submit our obedience to the Pope if ever he expressly departs from authentic Catholic teaching? What if for example He suddenly allows communion for Lutherans, can we say its Ok because the Pope Okays it? Hanggang saan ba tayo dapat sumunod?

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Like what I said in my first comment, while I dont want capital punishment to be fully abolished, I call for the State to be prudent and wise in inflicting it.

Thanks for sharing your views, Prof.

Ramon Gitamondoc
Iankarl, take note that Pope Francis issued this statement in the present context. He says based on the report from Vatican radio that: “IN TODAY’S WORLD, the death penalty is “inadmissible, however serious the crime” (emphasis mine).

This statement is consistently within the parameters laid down by the CCC 2247 which says: “TODAY, in fact, as a consequence of the possibilities which the state has for effectively preventing crime, by rendering one who has committed an offense incapable of doing harm – without definitely taking away from him the possibility of redeeming himself – the cases in which the execution of the offender is an absolute necessity “ARE VERY RARE, IF NOT PRACTICALLY NONEXISTENT.” (emphasis mine).

Thus your conclusion that the Pope’s statement is tantamount to saying that death penalty is intrinsically evil is misplaced. It would be intrinsically evil if it is not stated within a particular context or circumstance but that is not what the Pope is saying. He is saying that death penalty is “inadmissible…. etc” in TODAY’S WORLD. i hope you get this bit of a fine line distinction. If in the judgment of the Church the cases in which the execution of the offender is an absolute necessity is practically non-existent and the state still insists on imposing it then it becomes unjustifiable for the conditions for its toleration is no longer present. 

I feel to give a more detailed answer to the arguments presented by Iankarl. Here it is:

Counterpoint:

[Prof. Ramon, Pope Francis has been emphatic in his stand against death penalty, that capital punishment is cruel, inhuman and an offense to the dignity of human life. There is no crime in the world, according to him, that deserves the death penalty.]

Counterpoint: Based on the Church’s teaching death penalty is permissible only under certain extreme circumstances. Outside of the moral parameters laid down by the Church for its justifiable imposition it becomes what Pope Francis describes in your above quote.

[This I think is tantamount to saying that death penalty is intrinsically evil, which makes his view contrary to the perennial teaching of the Church that death penalty is NOT evil in and of itself.]

Counterpoint: Your conclusion that the above saying of Pope Francis is tantamount to saying that death penalty is intrinsically evil does not follow. The Pope is not saying that death penalty is such under all circumstances but only in today’s world which means that the Pope is weighing the legitimacy of the death penalty within the context of the present situation. He is not saying that it was always unjustifiable nor will always be unjustifiable but that it is unjustifiable at present.

[If we are going to take his words as endowed with magisterial authority, then Catholicism would not be what it claims it is.]

Counterpoint: The Pope is just applying the parameter laid down by the Catechism of the Catholic Church which teaches that “TODAY, in fact, as a consequence of the possibilities which the state has for effectively preventing crime, by rendering one who has committed an offense incapable of doing harm – without definitely taking away from him the possibility of redeeming himself – the cases in which the execution of the offender is an absolute necessity “ARE VERY RARE, IF NOT PRACTICALLY NONEXISTENT” (emphasis mine).

[Whatever happened to consistency of doctrine?]

Counterpoint: By God’s grace it is well at work within the Catholic Church.

[If this is the “latest development of thought” about capital punishment, then I respectfully disagree with Christ’s vicar.]

Counterpoint: What I was referring to as the latest development of thought is what is contained in CCC 2267 which to me teaches us among other things the following:
1) The Church recognizes the power of the state to impose death penalty but only as a last recourse,
2) Non-lethal means are more in keeping with the common good and more in conformity to the dignity of the human person,
3) Today the cases in which death penalty is necessary are very rare, if not practically non-existent.
The Pope does not deny 1 and 2 but applies the discernment in 3. So before you respectfully disagree with Christ’s vicar be sure first that you understood well what he is saying.

[I believe that The Pope, despite his authority, has no power to change teachings thats so well-established such as this. The pope must be the guarantor and preserver of Tradition, not its maker.]

Counterpoint: The Pope is not only the guarantor and preserver of Tradition as though it were a thing of the past but also is the divinely appointed interpreter of Tradition and how it applies to the present times and this is precisely what Pope Francis is doing. He is telling us that the conditions which will justify the imposition of death penalty in today’s world is non-existent which would make death penalty cruel, inhuman and not in keeping with human dignity.

[And it is from this premise (that it is inhuman and cruel per se) that the Pope calls for the abolishment of death penalty.]

Counterpoint: The basic premise is contained in the qualifying phrase “In today’s world” used by Pope Francis which is similar to the phrase “Today, in fact” used by the Catechism (para 2267) which will make the imposition of death penalty unnecessary since the moral parameters for its permissible imposition is already non-existent.

[While the Catechism is “a sure norm for teaching the Faith”, as JPII said, I dont subscribe to the notion that each and every word on the Catechism must be considered “de fide definita” since there are varying degrees of authority.]

Counterpoint: The Church does not have to formally declare every statement in the Catechism as “de fide” for us to give our assent and adherence. It does mean either that since a given statement is not designated as “de fide” that we are free to hold a position which is contrary to what is stated or that such a matter is still open to the free opinions of theologians. The authority of Pope which declares it as “a sure norm for teaching the Faith” requires our obedience and humble submission to what is contained therein.

[As for me, I always ask the question, “Is this Catholic tradition, or a departure from it?”]

Counterpoint: And within the Catholic Church the Pope is the highest authority which can decide on which is in accordance with Catholic Tradition or which is a departure from it. Yours is a case in point on how easily one can misjudge what is and what is not consistent with Catholic Tradition.

[To treat death penalty like it is abortion or euthanasia and to base its abolishment from this view is I think a departure from it.]

Counterpoint: Fortunately, such is not what Pope Francis is teaching. It is your incomplete reading of what the Pope said which made you think thus regarding the Pope.

[Prof, may I ask, are we still bound to submit our obedience to the Pope if ever he expressly departs from authentic Catholic teaching?]

Counterpoint: No none of us is bound, in conscience, to obey what we believe is untrue. However, the virtue of prudence should guide us to weigh things very discerningly before we accuse the Pope of acting contrary to authentic Catholic teaching and we should do so through the proper channels accorded to us within the Church.

[What if for example He suddenly allows communion for Lutherans, can we say its Ok because the Pope Okays it? Hanggang saan ba tayo dapat sumunod?]

Counterpoint: Fortunately, Popes don’t just promulgate laws or define doctrines from the top of his head. This is nothing but a caricature of how things are within the Catholic Church invented by those who are desperate to prove their case.

[Like what I said in my first comment, while I don’t want capital punishment to be fully abolished, I call for the State to be prudent and wise in inflicting it.]

Counterpoint: Then the burden of proof falls upon you to show that the conditions of absolute necessity for the justification of death penalty are present despite the discernment of the Church that such conditions are today, in fact, very rare and practically non-existent. As for me, I choose to follow the discernment of the Church in her Catechism and Pope Francis in his call for the abolition of death penalty.

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