All posts by Lewis Munoz

Rethinking the Death Penalty

As part of our support for the Culture of Life, it is imperative that I bring to your attention the issue of the Death Penalty in California. This issue is again under policy reconsideration by a possible vote of Californians. Opponents of the Death Penalty have procedurally met the requirements to commence circulating a petition to place an initiative on the June 2012 ballot to repeal the Death Penalty. (see Secretary of State Press Release [10/21/11], www.sos.ca.gov/admin/press-releases/db11-045.pdf)

The proposed new law seeks to accomplish the following: (1) Repeals the death penalty for persons found guilty of murder and replaces it with a life sentence without the possibility of parole; (2) Requires persons who are found guilty of murder to work while in prison, with their wages being applied to any victim restitution fines and orders; and (3) Creates a $100 million fund to be distributed to law enforcement agencies to help solve more homicide/rape cases. (This is a summary, additional research is required).

While undoubtedly a controversial issue in nature, we must consider our justice system is a human system with notable flaws. Consider the facts. “Since 1976, 135 men and women have been released from death row after being found innocent, several who came within hours of execution.” (Facts & Myths of Death Penalty, Death Penalty Focus, www.deathpenalty.org) Is the death penalty applied fairly? According to statistics by the U.S. Justice Department released in 2000, a large vast of ethnic minorities were sentenced to death. Most people on death row have not been able to pay for a qualified attorney to represent them. (Facts & Myths of Death Penalty, Death Penalty Focus, www.deathpenalty.org) In 2008, 95% of all known executions occurred in just six countries: China, Iran, Saudi Arabia, Pakistan, Iraq and the United States. (Facts & Myths of Death Penalty, Death Penalty Focus, www.deathpenalty.org) I’m confident any research would demonstrate there are many instances of wrongful convictions; however, if anything remains undisputed is the fact that the death penalty ensures that in wrongful conviction cases, they are indeed final. The decedent is dead with no way of being released to realize an injustice was rectified.

What does our faith say about the Death Penalty?  In Paragraph 2267 of the Catechism of the Catholic Church we see that the Church’s traditional teaching “does not exclude…recourse to the death penalty, when this is the only practicable way to defend the lives of human beings effectively against the aggressor.”   In 1995, our late Holy Father, Blessed John Paul II, built on this teaching by positing that “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 should 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 very rare if not practically nonexistent.  (Evangelium Vitae, 56.)

Taking Blessed John Paul’s words to heart, the U.S. Conference of Catholic Bishops has information on its website (www.usccb.org).  Also, a national Catholic organization is taking a platform on the issue.  The “Catholic Mobilizing Network to End the Use of the Death Penalty” has helpful information on the issue (www.catholicsmobilizing.org).  This organization has been linked to the USCCB’s website.

If this initiative makes it to the June 2012 ballot, I ask our Worthy Brothers to consider the facts, our law and faith, and vote their conscience. Perhaps we reconstruct a death penalty system that is indeed fair, as flawless as possible, that provides every accused the dignity of a viable defense and quality representation that every human being deserves. Or, do we repeal the system altogether? Do we, as a modern society, have the technology to ensure criminals cannot harm our communities without the use of the Death Penalty? Do we deny a convict’s ability to seek redemption when we execute him or her? What would Christ have done? Let us pray and ask the Holy Spirit to grant us the wisdom to allow reasonable minds to prevail.

Vivat Jesus!

Lewis F. Munoz, Recorder