Posted on 07/03/2018 2:29:31 AM PDT by familyop
Catholic Judges in Capital Cases
Amy Coney Barrett, Notre Dame Law School
John H. Garvey
Document Type
Article
Publication Date
1998
Publication Information
81 Marq. L. Rev. 303 (1997-1998)
Abstract
The Catholic Church's opposition to the death penalty places Catholic judges in a moral and legal bind. While these judges are obliged by oath, professional commitment, and the demands of citizenship to enforce the death penalty, they are also obliged to adhere to their church's teaching on moral matters. Although the legal system has a solution for this dilemma by allowing the recusal of judges whose convictions keep them from doing their job, Catholic judges will want to sit whenever possible without acting immorally. However, litigants and the general public are entitled to impartial justice, which may be something a judge who is heedful of ecclesiastical pronouncements cannot dispense. Therefore, the authors argue, we need to know whether judges are legally disqualified from hearing cases that their consciences would let them decide. While mere identification of a judge as Catholic is not sufficient reason for recusal under federal law, the authors suggest that the moral impossibility of enforcing capital punishment in such cases as sentencing, enforcing jury recommendations, and affirming are in fact reasons for not participating.
Comments
Reprinted with permission of Marquette Law Review.
Recommended Citation
Barrett, Amy Coney and Garvey, John H., "Catholic Judges in Capital Cases" (1998). Journal Articles. 527.
https://scholarship.law.nd.edu/law_faculty_scholarship/527
(Excerpt) Read more at scholarship.law.nd.edu ...
Yes, this is a different kind of post. It's more academic than the usual journalism from popular media. For your information in regards to discussions on possible Supreme Court nominees,...
“they are also obliged to adhere to their church’s teaching on moral matters”
What?!?! Who says??
The official Catholic church is one of the most pro open borders organizations in the world. The Catholic bishops in the USA are gung ho on open borders. The Catholic charities organization is notorious for settling Muslims and Somalians in small towns across the USA, despite protests by the locals. This practices destroys the fabric of the community and the local culture, and turns once prosperous communities into dangerous criminal hell holes.
Not all Catholics adhere to their church's stance on this. But I would be suspicious of anyone who walks in lockstep with the Catholic leadership when in comes to open borders and immigration policy.
The death penalty is not against Catholic teaching. Pope John Paul II opined that as matter of prudential judgment that the conditions for it were rarely met. But he did not proclaim that it was against Catholic dogma.
The Inquisition and the Dominicans in Mexico and the Ametican South west routinely executed Indians
In Peru, thousands were sentenced to death and executed
Both Jews and Moors that would not convert were burned at the stake. Ditto French Christians that were declared heritics
JP2 said that with the advent of thr modern prison system, ge saw no reason to ever enforce capital punishment. JP2 was not an expert on the prison system. His opinion should be given due thought but is by no means binding.
Scalia did not think he was in a moral and legal bind.
In capital cases before the court he defended states rights to have capital punuishment on legal grounds - the Constitution does not prohibit it. He did not “abstain”, as if he was wrestling between the law and his faith. He ruled on the law and the Constitution, as we want judges to do.
You can’t be a good RC and support the death penalty?
Interesting, since up until 1968 the Vatican had a death penalty for attempting to assassinate the Pope.
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