Death Penalty: Legally Wrong or Morally Wrong?

http://ncronline.org/print/12509

In this article which appeared in the National Catholic Reporter, many issues surrounding capital punishment were addressed. The article aims to explain both sides on the question of repealing the death penalty in the state of Maryland.

Leaders such as Governor Martin O’Malley, Attorney General Benjamin Civiletti , Kathy Saile and more all hold arguments in favor of the repeal. Reasoning for their favor ranges from the death penalty’s cost to its jurisdictional bias to the killing of a potentially innocent person. However, Maryland as a whole is represented by a majority vote supporting the death penalty and rejecting its repeal.

What is most interesting about this article and political issue in Maryland isn’t the formal arguments in favor of the repeal; instead it’s the faith-based arguments for the repeal. The article mentions a Catholic family in Frederick, Maryland who suffered a tragic loss of a murdered father. The family, while admitting their initial anger, was adamant about testifying for the repeal. They said that, “In the end, it really deepened [their] faith” and they “realized that the death penalty would have never freed us.” They also mentioned that they “considered the grief and pain it would inflict on the murderer’s parents.” Kathy Saile, the director of domestic social development for the bishops’ conference, said that capital punishment was an ethical issue for Catholics and devastating because of the value Catholics put on life.

However, while mentioning that he believes the death penalty is “costly and ineffective,” Governor O’Malley states that “the core beliefs of his Catholic faith” support the “dignity of every individual and responsibility to advance the common good.” He also feels that the US has a duty to cater to a more altruistic reputation rather than a smiting one.

Another public figure, Baltimore County State’s Attorney Scott Shellenberger, feels that the formal arguments given by the above leaders for repealing the death penalty are illogical and based on skewed facts. He counters the opinion to search for dignity in people by saying that “there are just some criminals out there who are so bad that they cannot live in any society, including jail.” He also counters the jurisdictional and racial biases by addressing the right and legality of jurisdictional penalties in addition to the lack of proof for intentional racial discrimination. Lastly, he contradicts the costly-and-ineffective bit by claiming that the number they came up with was “ludicrous” because of all the expenses included in their “analysis.”

It seems that some of the political arguments for repealing the death penalty are unsound, leaving faith-based reasoning to be the most pervasive and substantiated. Many public figures like Governor O’Malley seem to be confident in their legal reasoning; however, it seems as though what’s really driving their opinions is their faith, whether they would admit it or not. Is faith enough to repeal the death penalty? Moreover, is the Christian faith enough to override legal reasoning and repeal the penalty? Are there other important figures whose faith or lack thereof could determine whether someone lives or dies?