- STATEMENT ON
CATHOLIC BISHOPS TO LEGISLATORS:
- SAY NO AT DEATH
PENALTY SPECIAL SESSION
December 17, 1999
Tallahassee
-- Archbishop John C.
Favalora and the other Catholic bishops in Florida urged each member of the
Florida legislature to oppose the proposed changes to the state’s death
penalty law which the Governor and legislative leaders seek to bring up at
the January 5, 2000 Special Session. In separate letters to each Senator and
Representative, the bishops outlined their objections to the three main
proposals, while reiterating their long held stand against the death penalty
itself.
On giving
prisoners the option to choose lethal injection instead of the electric
chair, they pointed out that this would still "serve to perpetuate the cycle
of violence and promote a sense of vengeance in our culture. Lethal
injection is a corruption and exploitation of medical technology."
The speeding up
of the appeals process was attacked because the delays have allowed innocent
persons to obtain release after many years on death row. They said, "It is a
frightening prospect that we would wrongfully kill an innocent person
because an expedited appeal precluded critical information from being
considered." The letters quoted from a recent joint statement of the
National Council of Synagogues and the National Conference of Catholic
Bishops, To End the Death Penalty, "In biblical times, capital
punishment was a search for justice when justice seemed impossible to reach.
As the Rabbis did years ago when they considered the use of the death
penalty, let us take time to ask ourselves some relevant questions. Is
justice reached when we are taking a chance of killing an innocent person?
Is justice reached when we are discriminating against our minorities in our
death sentences? See that justice is done, the prophet Zechariah proclaims."
Pointing out the
faults with the proposal to limit the role of the jury in these cases, the
bishops urged "The role of the jury in representing the community must be
preserved and strengthened, but not diminished."
The common text
letter which appears below concludes with a reference to the new millennium,
and a quotation from Pope John Paul II’s statement of ten days ago: "The
Great Jubilee is a privileged occasion to promote throughout the world
increasingly mature forms of respect for life and for the dignity of every
person. Therefore, I renew my call to all those responsible so that an
international consensus will be reached in favor of the abolition of the
death penalty."
The Common Text
Letter From the Florida Bishops To Senators and Representatives begins
below:
December 17, 1999
RE: Special Session on Death
Penalty, January 5-7, 2000
Dear Senator/Representative:
It is unfortunate
that I am writing to you about so serious a matter in this holy and
otherwise joyful season. I join my brother Bishops in writing to each of our
state representatives and senators about concerns related to the death
penalty which will be addressed in the special session scheduled to commence
on January 5, 2000.
Our Catholic
position in opposition to the death penalty has been stated many times.
Nations all over the world have been acting to put an end to the death
penalty, including nearly all those in this western hemisphere and Europe.
Even recently liberated countries in eastern Europe have abolished this
practice. Amnesty International and the American Bar Association have called
for a moratorium, along with other secular entities. The United Nations has
called for abolition. It is our sincere hope that Florida will start moving
in this direction. We have repeatedly affirmed the right and duty of the
state to protect society and punish criminals; we now urge a consensus
toward Florida's alternative to death, that of life imprisonment with no
opportunity for parole.
Lethal
Injection It is the killing of persons to which we object,
thus the means by which it is done will not change our view. Just as there
is no method of committing murder which may be sanctioned, there is no
method of execution that does not serve to perpetuate the cycle of violence
and promote a sense of vengeance in our culture. Lethal injection is a
corruption and exploitation of medical technology. It involves a medical
procedure, requires medical training in order to administer, and requires
medical knowledge in order to prepare the drugs involved. Moreover, lethal
injection is a violation of the Hippocratic Oath. It may be easier for some
in our society to accept, but the taking of life, even if guilty, should not
be acceptable. The sacredness of human life is not forfeited by human
wrongdoing.
Acceleration of Appeals The proposal to speed up and impose
time limits on post-conviction appeals is cause for grave concern. The
Florida legislature has firsthand and recent experience with persons who
have spent many years on death row, had death warrants issued, followed by
court ordered stays, later to be found innocent and released. News accounts
in Florida have surfaced in excess of 20 of these cases. Since 1976, there
are reports of more than 80 death row reversals nationwide, some close to
scheduled executions. In some Florida cases we have rightfully paid these
former prisoners substantial sums for wrongful prosecution.
It is a frightening
prospect that we would wrongfully kill an innocent person because an
expedited appeal precluded critical information from being considered.
Benjamin Franklin is credited with saying, "It is better a hundred persons
should escape than one innocent person should suffer." In a state where as
many as 60% of death sentences are reversed, how can we in good conscience
insist on speeding up executions. On this basis alone, we would support a
moratorium while this system, that all agree is in need of repair, be
deliberately and carefully reviewed, something not otherwise possible. Our
history suggests strongly that at least some of the 380 on death row may be
innocent.
Earlier this month,
after an exhaustive study of the "collective wisdom and moral insights" of
Judaism and Catholicism, the National Council of Synagogues and the National
Conference of Catholic Bishops issued a joint statement "To End the Death
Penalty," a portion of which is particularly on point: "In biblical times,
capital punishment was a search for justice when justice seemed impossible
to reach. As the Rabbis did years ago when they considered the use of the
death penalty, let us take time to ask ourselves some relevant questions. Is
justice reached when we are taking a chance of killing an innocent person?
Is justice reached when we are discriminating against our minorities in our
death sentences? See that justice is done, the prophet Zechariah proclaims."
Role of
Juries Most states require a unanimous vote of the jurors,
rather than a simple majority, for a sentence of death. Florida requires
neither. As long as the death penalty is to continue in our state, juries
should be given a greater role in deciding sentences, not a lesser one. The
jury override provision has proven problematic in instances when a jury has
recommended life only to be overruled by a judge who sentences death. The
role of the jury in representing the community must be preserved and
strengthened, but not diminished.
Support for the
death penalty is driven by fear of crime and the horror at so many lives
lost through criminal violence. We anguish for those who are today suffering
because of loss from these violent crimes, even though we cannot fully know
of their intensely difficult struggle and recurring pain. We agree that much
more must be done, by our churches and communities, to give comfort and care
to these grieving families. But we must help them also to resist the natural
desire for revenge against those who have committed such terrible wrongs.
Such revenge only feeds a climate of violence and mistakenly sees killing as
a solution to this problem. Just as the teachings of the Church cannot
accept abortion as a solution to unwanted or unplanned pregnancy, or
assisted suicide as a solution to severe pain or depression, neither can we
accept the death penalty as the solution to violence or murder.
Although, recent
polls in Florida found that 50% of Floridians would support the death
penalty if life without parole were a certainty, another 44% would favor
abolition of the death penalty, with an additional 6% undecided. This shows
clearly that support for capital punishment in our state is not nearly so
great as one might suppose.
As we enter the new
millennium and consider the future, we should work for a society that
rejects the violence of the death penalty. Instead of increasing the numbers
of death sentences and attempting to speed up executions, we urge a
thoughtful consideration of Pope John Paul II’s December 12, 1999 appeal
wherein he encourages us: "The Great Jubilee is a privileged occasion to
promote throughout the world increasingly mature forms of respect for life
and for the dignity of every person. Therefore, I renew my call to all those
responsible so that an international consensus will be reached in favor of
the abolition of the death penalty."
Sincerely in the Lord,
Archbishop John C.
Favalora
Archdiocese of Miami
Bishop John J. Snyder
Diocese of St. Augustine
Bishop John J. Nevins
Diocese of Venice
Bishop John H. Ricard, SSJ
Diocese of Pensacola-Tallahassee
Bishop Robert N. Lynch
Diocese of St. Petersburg
Bishop Norbert M. Dorsey, CP
Diocese of Orlando
Bishop Anthony J. O'Connell
Diocese of Palm Beach
Bishop Agústin A. Román
Archdiocese of Miami
Bishop Gilberto Fernandez
Archdiocese of Miami
Bishop Thomas G. Wenski
Archdiocese of Miami
|