Catholic Judges in Capital Cases
Boston College - Law School
Amy Coney Barrett
Notre Dame Law School
Marquette Law Review, Vol. 81, pp. 303-350, 1998
Boston College Law School Research Paper No. 1998-06
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.
Number of Pages in PDF File: 49
Keywords: capital punishment, Catholic church, Catholic judges, judicial obligations, capital crimes, professional ethics and responsibility, moral obligations, federal judges, capital sentencing, federal recusal statute, Catholic teachingAccepted Paper Series
Date posted: August 11, 2005
© 2015 Social Science Electronic Publishing, Inc. All Rights Reserved.
This page was processed by apollo3 in 0.609 seconds