By: Art C. Cody
This article introduces the three-part series Catholics and
the Death Penalty, which explored the fundamental question of
what it means to be a Catholic lawyer, juror, or judge in the
American litigation system. The dialogue among the Catholic
practitioners and scholars manifests both the common ground and
diversity of opinion held by Catholics regarding the death
penalty.
The first session focused on lawyers, offering a panel
discussion of the differing perspectives of New York State Capital
Defender Kevin M. Doyle and Kings County District Attorney Charles
J. Hynes. In the second session, Professor Gerald F. Uelmen
explored how Catholic teachings and perspectives might inform a
juror’s role in a capital case. The final presentation
featured the Honorable Guido Calabresi of the Second Circuit Court
of Appeals who discussed his perspective on the role of Catholicism
in his duties as judge. The series was not intended as a
segmented debate regarding the general morality of the death
penalty, but rather as an exposition of the thoughts of those who
take both their Catholicism and secular duties seriously.
Three central issues arose during the course of the
series. First, what is the Catholic Church’s teaching on the
death penalty? This issue can be resolved by a review of the
Catholic Catechism, the writings of Pope John Paul II, and the
pronouncements of the United States Catholic Conference
(“USCC”). The second issue is the question of what doctrinal
weight should be ascribed to that teaching. Lastly, more
practical reflections emerged regarding how to navigate potential
conflicts between Catholic teaching and one’s duties in the context
of the American system of capital punishment.
It is unlikely that the controversy within the Church
regarding the death penalty will dissipate in the near
future. In fact, with the majority of the Supreme Court now
Catholic, the importance of Catholic death penalty doctrine and the
responsibilities of individual Catholics to adhere to that doctrine
will likely become an object of still greater focus, both internal
and external to the Church.