From the Catechism: "If, however, non-lethal means are sufficient to defend and protect people's safety from the aggressor, authority will limit itself to such means...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 non-existent." (Prudential judgment in bold.)
I think Rutler has it exactly right: and the prudential judgment is a question of fact rather than of doctrine; and the "facts" are highly dubious.
The instances of murderers NOT being rendered incapable of further aggression, have been shockingly numerous and frequent. The circumstances that prevent true, secure life imprisonment include:
I read somewhere on the Internet--- and I can't find the source, but if somebody could find it for me, I'd sure appreciate it --- that just in the state of California, there are approx. 2500 murders/year, of which 20% (500) are committed by somebody who had already previously been convicted of murder.
Not just as an occasional slip-up, but as a routine, even a daily matter, the present system of trial, conviction and imprisonment in California (and elsewhere in thr USA) does not suffice to protect society from aggressors.
So what would I, as a faithful Catholic recommend? About 500 executions per year in California alone? (Two murders and that's it?) Horrifying. No. But punishment for this crime should be swift, sure, and severe, and life imprisonment has to mean life imprisonment.
And for the convict who commits murder while serving a life sentence? Shackle him to a wall for the rest of his natural life? Brain surgery, so that cutting a fish stick with the edge of a plastic spoon is about as aggressive as he can get? Or execution, and may God have mercy on his soul?
I've been against the death penalty almost all my life. But I think I could be persuaded that the death penalty could be more "in conformity to the dignity of the human person" than the alternatives.
I agree with you.
The system is broken.
Child molestors, for instance, will do it again if they are let out.
Yet, we have ridiculous sentences, if any, for that crime.
I am not “in favor” of the death penalty, but I can imagine pulling the switch for that crime-knowing that in our present system, it will spare other children from that horror.
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