The Catholic Church and the Death Penalty

Here is what the Roman Catholic Church has to say, officially and not taken out of context, complete with footnotes, about the death penalty:

Legitimate defense
2263 The legitimate defense of persons and societies is not an exception to the prohibition against the murder of the innocent that constitutes intentional killing. "The act of self-defense can have a double effect: the preservation of one's own life; and the killing of the aggressor. . . . The one is intended, the other is not."65

65 St. Thomas Aquinas, STh II-II,64,7, corp. art. (http://www.newadvent.org/summa/3064.htm – see Article 7)

2264 Love toward oneself remains a fundamental principle of morality. Therefore it is legitimate to insist on respect for one's own right to life. Someone who defends his life is not guilty of murder even if he is forced to deal his aggressor a lethal blow:
If a man in self-defense uses more than necessary violence, it will be unlawful: whereas if he repels force with moderation, his defense will be lawful. . . . Nor is it necessary for salvation that a man omit the act of moderate self-defense to avoid killing the other man, since one is bound to take more care of one's own life than of another's.66

66 St. Thomas Aquinas, STh II-II,64,7, corp. art. (http://www.newadvent.org/summa/3064.htm – see Article 7)

2265 Legitimate defense can be not only a right but a grave duty for one who is responsible for the lives of others. The defense of the common good requires that an unjust aggressor be rendered unable to cause harm. For this reason, those who legitimately hold authority also have the right to use arms to repel aggressors against the civil community entrusted to their responsibility.

2266 The efforts of the state to curb the spread of behavior harmful to people's rights and to the basic rules of civil society correspond to the requirement of safeguarding the common good. Legitimate public authority has the right and duty to inflict punishment proportionate to the gravity of the offense. Punishment has the primary aim of redressing the disorder introduced by the offense. When it is willingly accepted by the guilty party, it assumes the value of expiation. Punishment then, in addition to defending public order and protecting people's safety, has a medicinal purpose: as far as possible, it must contribute to the correction of the guilty party.67

67 Cf. Lk 23:40-43.

2267 Assuming that the guilty party's identity and responsibility have been fully determined, the traditional teaching of the Church does not exclude recourse to the death penalty, if this is the only possible way of effectively defending human lives against the unjust aggressor.

If, however, non-lethal means 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.

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."68

68 John Paul II, Evangelium vitae 56. 69 Cf. Gen 4:10


Cross-References:
2263
1737 An effect can be tolerated without being willed by its agent; for instance, a mother's exhaustion from tending her sick child. A bad effect is not imputable if it was not willed either as an end or as a means of an action, e.g., a death a person incurs in aiding someone in danger. For a bad effect to be imputable it must be foreseeable and the agent must have the possibility of avoiding it, as in the case of manslaughter caused by a drunken driver.

2265
2240 Submission to authority and co-responsibility for the common good make it morally obligatory to pay taxes, to exercise the right to vote, and to defend one's country:
Pay to all of them their dues, taxes to whom taxes are due, revenue to whom revenue is due, respect to whom respect is due, honor to whom honor is due.45

[Christians] reside in their own nations, but as resident aliens. They participate in all things as citizens and endure all things as foreigners. . . . They obey the established laws and their way of life surpasses the laws. . . . So noble is the position to which God has assigned them that they are not allowed to desert it.46
The Apostle exhorts us to offer prayers and thanksgiving for kings and all who exercise authority, "that we may lead a quiet and peaceable life, godly and respectful in every way."47

45 Rom 13:7.
46 Ad Diognetum 5,5 and 10; 6,10:PG 2,1173 and 1176.
PG: J.P. Migne, ed., Patroligia Greaca (Paris, 1867-1866)
47 1 Tim 2:2.

2266
2308 All citizens and all governments are obliged to work for the avoidance of war.
However, "as long as the danger of war persists and there is no international authority with the necessary competence and power, governments cannot be denied the right of lawful self-defense, once all peace efforts have failed."106
106 GS 79 § 4.
GS: Gaudium et spes

1897"Human society can be neither well-ordered nor prosperous unless it has some people invested with legitimate authority to preserve its institutions and to devote themselves as far as is necessary to work and care for the good of all."15
By "authority" one means the quality by virtue of which persons or institutions make laws and give orders to men and expect obedience from them.

15 John XXIII, PT 46.
PT: Pacem in terris

2234 God's fourth commandment also enjoins us to honor all who for our good have received authority in society from God. It clarifies the duties of those who exercise authority as well as those who benefit from it.

1898 Every human community needs an authority to govern it.16 The foundation of such authority lies in human nature. It is necessary for the unity of the state. Its role is to ensure as far as possible the common good of the society.

16 Cf. Leo XIII, Immortale Dei; Diuturnum illud.

2267
2306 Those who renounce violence and bloodshed and, in order to safeguard human rights, make use of those means of defense available to the weakest, bear witness to evangelical charity, provided they do so without harming the rights and obligations of other men and societies. They bear legitimate witness to the gravity of the physical and moral risks of recourse to violence, with all its destruction and death.104
104 Cf. GS 78 § 5.


Footnotes:
John Paul II, Evangelium vitae 56, 69
56. This is the context in which to place the problem of the death penalty. On this matter there is a growing tendency, both in the Church and in civil society, to demand that it be applied in a very limited way or even that it be abolished completely. The problem must be viewed in the context of a system of penal justice ever more in line with human dignity and thus, in the end, with God's plan for man and society. The primary purpose of the punishment which society inflicts is "to redress the disorder caused by the offense".46 Public authority must redress the violation of personal and social rights by imposing on the offender an adequate punishment for the crime, as a condition for the offender to regain the exercise of his or her freedom. In this way authority also fulfills the purpose of defending public order and ensuring people's safety, while at the same time offering the offender an incentive and help to change his or her behaviour and be rehabilitated. 47

It is clear that, for these purposes to be achieved, 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 would 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 non-existent.

In any event, the principle set forth in the new Catechism of the Catholic Church remains valid: "If bloodless means are sufficient to defend human lives against an aggressor and to protect public order and the safety of persons, public authority must limit itself to such means, because they better correspond to the concrete conditions of the common good and are more in conformity to the dignity of the human person".48

69. In any case, in the democratic culture of our time it is commonly held that the legal system of any society should limit itself to taking account of and accepting the convictions of the majority. It should therefore be based solely upon what the majority itself considers moral and actually practises. Furthermore, if it is believed that an objective truth shared by all is de facto unattainable, then respect for the freedom of the citizens-who in a democratic system are considered the true rulers-would require that on the legislative level the autonomy of individual consciences be acknowledged. Consequently, when establishing those norms which are absolutely necessary for social coexistence, the only determining factor should be the will of the majority, whatever this may be. Hence every politician, in his or her activity, should clearly separate the realm of private conscience from that of public conduct.

As a result we have what appear to be two diametrically opposed tendencies. On the one hand, individuals claim for themselves in the moral sphere the most complete freedom of choice and demand that the State should not adopt or impose any ethical position but limit itself to guaranteeing maximum space for the freedom of each individual, with the sole limitation of not infringing on the freedom and rights of any other citizen. On the other hand, it is held that, in the exercise of public and professional duties, respect for other people's freedom of choice requires that each one should set aside his or her own convictions in order to satisfy every demand of the citizens which is recognized and guaranteed by law; in carrying out one's duties the only moral criterion should be what is laid down by the law itself. Individual responsibility is thus turned over to the civil law, with a renouncing of personal conscience, at least in the public sphere.

46 Catechism of the Catholic Church, No. 2266. 
47 Cf. ibid.
48 Catechism of the Catholic Church, No. 2267.