Tuesday, February 22, 2022

The Catholic Church & The Death Penalty: 13 (15) Factual Errors: 2018 CCC 2267 amendment

updated 6/2025

The Catholic Church & The Death Penalty:
13 (15) Factual Errors: 2018 CCC 2267 amendment 
14th & 15th error within CCC 2264, at bottom

To: Biblical & Theological Scholars, United States Conference of Catholic Bishops, The Tablet, First Things, National Catholic Reporter, America, Our Sunday Visitor, American  Society of Religion, Oxford Academic, Board of Directors-Catholic Media Association, Jesuits-Global, Vatican News, Crux, Catholic News Service (Rome), Global Sisters Report, Crisis Magazine, EWTN, The Catholic Herald (UK), Catholic Digest, Congregation of St. Joseph, Today's Catholic, U.S. Catholic, The Irish Catholic, The Catholic Network, Knights of Columbus, Catholic Mobilization Network,   bcc: more (primarily) Catholic institutions, worldwide, at bottom
 
From: Dudley Sharp, independent researcher, death penalty expert, former opponent, 832-439-2113, Houston, Texas, CV at bottom

Red is CCC
Blue is religious scholars

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from Catechism of the Catholic Church, I. Respect for Human Life, Article 5 THE FIFTH COMMANDMENT, CHAPTER TWO YOU SHALL LOVE YOUR NEIGHBOR AS YOURSELF, SECTION TWO THE TEN COMMANDMENTS, PART THREE: LIFE IN CHRIST, (Blue Cover), 2018
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Research, with fact checking and vetting, at bottom, with all sources.   
NOTE: I, always, start with Catholic references, but, may, follow up, with Christian, non-Catholic scholars, when instructive.
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Preface

       The 2018 CCC 2267 amendment, is, factually and/or rationally, in error, on thirteen points, which makes the 2018 2267 amendments invalid, just as the 1997 amendment was and is.
      The 15 errors, inclusive of CCC 2264, and their corrections, come from the CCC, itself, and/or from other confirmable sources and/or reason, as detailed.
      The amended CCC 2267s contradicts itself, as well as other, immediate CCC sections,  over and over, again, as detailed, also making it invalid.
      With error piling up against error, (now Saint) Pope John Paul II (PJPII) started this Church anti-death penalty disaster, with Evangelium Vitae (EV,1995) (1), which infected both CCC 2267 Amendments (1997, 2018), resulting in, now, nearly 30 years of easily discovered errors.
      Why and how?
      Since 1995, the very obvious errors have been pointed out, again and again, with the Church showing no interest in correction (all fn), a tragic and frightening situation, in the same manner as hiding Her priest sex scandals until uncovered by those outside the Church, a clear pattern, following the same path (10A).
      The errors, in fact and reason, are so clear and basic that it is impossible for the Church and the last four Popes not to have known of them, all, along.
      Although they are included, no biblical scholars nor theologians are necessary. It is simple fact and reason which illuminate those 15 errors, with biblical scholars and theologians pointing out additional errors.

Regarding PJPII's EV and 1997 Amendment CCC 2267: “The most reasonable conclusion to draw from this discussion is that, once again, the Catechism is simply wrong from an historical point of view. Traditional Catholic teaching did not contain the restriction enunciated by Pope John Paul II." 
      “The realm of human affairs is a messy one, full of at least apparent inconsistency and incoherence, and the recent teaching of the Catholic Church on capital punishment—vitiated, as I intend to show, by errors of historical fact and interpretation—is no exception.”  Kevin L. Flannery S.J., Consultor of the Sacred Congregation for the Doctrine of the Faith, appointed by PJPII (2) 

Regarding the 2018 Amendment CCC 2267, "For the earnest believer, the derogation of the doctrinal patrimony of the Church on (the death penalty)—as though Scripture, tradition, the consensus of the Fathers, the teaching of Aquinas, and the teaching of all papacies up to the present had been swept away—is in its way as saddening as is the derogation of spiritual and moral integrity in the case of Theodore McCarrick." 
      "It does not aid the pastoral mission of the Church when those responsible for handing on this tradition seem to join in the dismantling of their own theological heritage." (3) Catholic theologian Steven Long
    
      A) CCC 2267: "Recourse to the death penalty on the part of legitimate authority, following a fair trial, was long considered an appropriate response to the gravity of certain crimes and an acceptable, albeit extreme, means of safeguarding the common good."

Error 1) The death penalty " . . . "was (past tense) long considered an appropriate response . . . ".  
      Impossible. Still within CCC are all of these, until the end.

CCC 2260: "For your lifeblood I (God) will surely require a reckoning.... Whoever sheds the blood of man, by man shall his blood be shed; for God made man in his own image." "This teaching remains necessary for all time." 

      "surely require", "shall" and "remains necessary for all time". All eternal commands, as per Genesis 9:6. Not optional and, very, clear. There can be no past tense, with eternal, scripture. The Church knows, of course. It is, after all, CCC 2260, which still remains, until the Church removes that, as well. A clear contradiction.
       Genesis 9:5-6, is for all peoples and for all time. The Church could not have missed it? It is still CCC 2260, until the Church deems it for no people and for no time, which She cannot do.

" . . . the decree of Genesis 9:5-6 is equally enduring and cannot be separated from the other pledges and instructions of its immediate context, Genesis 8:20-9:17; . . . that is true unless specific Biblical authority can be cited for the deletion, of which there appears to be none. It seems strange that any opponents of capital punishment who professes to recognize the authority of the Bible either overlook or disregard the divine decree in this covenant with Noah; . . . capital punishment should be recognized . . . as the divinely instituted penalty for murder; The basis of this decree . . . is as enduring as God; . . . murder not only deprives a man of a portion of his earthly life . . . it is a further sin against him as a creature made in the image of God and against God Himself whose image the murderer does not respect." (4) Biblical scholar Dr. Gervas A. Carey

A few anti-death penalty biblical linguists have tried to negate the actual meaning of Genesis 9:5-6. They have failed:
Guest article by Timothy Finlay, 9/30/2023, at Edward Feser's  website:

"The normal moral reason for upholding capital punishment is reverence for life itself. Indeed, this is the reason why scripture and Christian tradition have upheld it, a fact which suggests that, if anything, it may be the abolition of capital punishment which threatens to cheapen life, not its retention." (5)  and (10A). Dr. J. Budziszewski, Catholic Scholar

        It is as if the Church is unaware that all sanctions are given because we value that which is taken away, freedom with incarceration, money or other property with fines or seizure, time and labor with community service and life with execution.

Fr. Brian W. Harrison, O.S., St. Louis, Missouri, LETTERS, First Things, 12/2018 (6)  "Francis asserted, shockingly, that the death penalty is “in itself contrary to the Gospel—in sé stessa contraria al Vangelo” (emphasis added)." " . . . it is false doctrine—a monumental papal error to which Catholics should not assent."   https://www.firstthings.com/article/2018/12/letters   

Man is God's agent, "by man shall (the murderer's) blood be shed".  God is making a command, "shall". Unambiguous.
      Would the command be for God's agent to commit another unjust killing or a just one? There is no doubt. Unambiguous.
       Further, finding against Pope Francis, is that his interpretation, which cannot be true, equates to God commanding unjust killings, which is impossible, if using Christian principles. To the contrary, we know that just executions will result in more innocents saved, by enhanced deterrence, enhanced incapacitation, enhanced probability and enhanced due process. (7-10).

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Resolved: The Church identifies redress (aka justice and/or just retribution, collectively as "justice") as the primary reason for sanction, with God (Genesis 9:6), Jesus (St. Dismas) and the Holy Spirit (Ananias and Sapphira) providing us obvious examples of Holy Trinity guides, with many, many more, in fn 6.  See Redress within CCC 2266.

          Rationally and factually, the death penalty is a greater safeguard than either a life sentence or solitary confinement (7-10), all three of which Pope Francis opposes, making it clear that "safeguarding the common good" is, certainly, of no concern for the Church, in refuting 2000 years of Her own respected teachings (10A).

Error 2) Justice is primary and cannot be usurped. 

"It has been recognized that the amended 2267 (1997 & later 2018) avoids the full Catholic teachings on the purposes of punishment, which are (a) defense of society against the criminal (7-10); (b) rehabilitation of the criminal (11) (c) retribution or the reparation of the disorder caused by the transgression (Sharp: "redress", aka justice or just retribution, within CCC 2266)  . . . some authorities list (d) deterrence as a fourth purpose of punishment." (12) Cardinal Avery Dullesc (addl footnotes from Sharp) 

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“Capital Punishment and Magisterial Authority”
"Fastiggi on Capital Punishment and the Change to the Catechism, 
Part I," Edward Feser, 8/26/2023,
Part 2, 8/30/2023
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Error 3) The "extreme" description of the death penalty is humanist, in nature, not eternal, and has, never, been described as such, biblically. There is no biblical nor theological support for that term.
      Not only has the Church considered the death penalty "appropriate", but, for over 2000 years, necessary and obligatory (all fn), in some cases, which the Church cannot, simply, make disappear, as She attempts and fails.
      “Safeguarding the common good” (10A) is secondary or tertiary and cannot usurp that which is primary - justice, defined by the "appropriate response to the gravity of certain crimes". Justice, being primary and with reason, that which protects and guarantees both "safeguarding the common good" (10A) and   the "appropriate response to the gravity of certain crimes". Without justice, we have neither and without either, we have no justice.
       The justice of the death penalty has not been usurped and cannot be, as the Church, post 1994, has tried to do and failed with Her weak and curious efforts, which are contrary to her own CCC, that is until She amends or deletes those contradictions.
       By definition, a CCC cannot include contradictions or false claims and it, clearly, unambiguously, now, contains both.

"All interpretations, contrary to the biblical support of capital punishment, are false. Interpreters ought to listen to the Bible’s own agenda, rather than to squeeze from it implications for their own agenda. As the ancient rabbis taught, “Do not seek to be more righteous than your Creator.” (Ecclesiastes Rabbah 7.33.). Part of Synopsis of biblical scholar Lloyd R. Bailey’s book Capital Punishment: What the Bible Says, Abingdon Press, 1987.

St. Thomas Aquinas: “The fact that the evil, as long as they live, can be corrected from their errors does not prohibit the fact that they may be justly executed, for the danger which threatens from their way of life is greater and more certain than the good which may be expected from their improvement. They also have at that critical point of death the opportunity to be converted to God through repentance. And if they are so stubborn that even at the point of death their heart does not draw back from evil, it is possible to make a highly probable judgement that they would never come away from evil to the right use of their powers.” Summa Contra Gentiles, Book III, 146

       That shows deference to the innocent victims, the opposite of the Church's position (10A), which is so much, more, foul, in every criminal context, even more so in light of the ongoing context of the Church's contempt for the suffering of the innocents, in the priest sex abomination and, now, again (10A).
        Regarding the post 1994 Catholic Church's anti-death penalty efforts, Catholic theologian Steven Long places the arrow:

" . . . (it) is symptomatic of a society that can garner more support to spare the guilty than to save the innocent."

"The crowd still wants Barrabas." (13 & 10A)

        Duplicated, exactly, within the secular anti-death penalty movement (13A).
        This, also, equates to the priest sex scandal, in that the Church spared the guilty, thus harming more innocents, the same outcome as with EV and the amended 2267s (7-10A). A consistent pattern.

Error 4) The death penalty is a greater protector of the human rights of the guilty and the innocent and is a greater safeguard of the guilty and the innocent than are any lesser sanctions (7-10A), with Pope Francis, inexplicably, and by fact and  reason, adding even more injury to the innocent, as he, also, opposes long sentences and solitary confinement, completing a trifecta of more deaths by murders and other, additional harms to innocents, as is well known, to the Church, as to all, by fact and reason (7-10A), with much more deference to the guilty unjust aggressors, as shown in Her 80 (or  700 ) years in protecting priest sexual abusers. 
          The death penalty/execution protects the innocent, in six ways, better, than does life without parole (LWOP) (7-10A) and is, also, a better safeguard than the release of our worst unjust aggressors, Pope Francis' position. The Church, as any rational person, is aware (7-10A).
         One would think that the Church, in light of the priest sex horrors, would have gained some compassion, in deference to the innocent over that of the unjust aggressors. She has not (10A). Factually, the opposite has occurred.

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30 Examples:  How Death Penalty Abolitionists Value Murderers More Than Their Innocent Victims:
AKA - Full Rebuttal of Sir Richard Branson & His Death Penalty Comments
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       B) CCC 2267: “Today, however, there is a growing awareness that the dignity of the person is not lost even after the commission of very serious crimes.”   

Error 6) The awareness of the dignity of all persons has been factually, biblically and theologically, well, known and discussed since Genesis through Revelation, through Jesus and St. Dismas and from the beginnings of the Church through today.
        There is no new nor growing awareness. The teachings have been clear and eternal, since the beginning of man. The Church "forgot"? Of course not. Truly bizarre.

The Church accepts knowing this with CCC 2261: 
"The deliberate murder of an innocent person is gravely contrary to the dignity of the human being, to the golden rule, and to the holiness of the Creator.". . .  not yet, amended nor stricken from the CCC.

Error 7) The Church, inexplicably, transferred the "contrary to dignity", from the murder and the murderer, to the sanction, for those murders. 

       "Inexplicably" is way too soft . . .  by reason, it is, downright, bizarre - a transfer, which is factually and rationally, impossible (all fn), as confirmed by reason and by the existing CCC 2261.
      As CCC 2261 states, clearly, it is the murder, not the sanction for it, which causes the loss of dignity. The Church cannot even follow that which She states within Her own CCC. 

Catholic theologian Stephen Long on dignity & the death penalty:
The “dignitarian” ­premise . . .the assertion that we now understand human dignity better than did earlier epochs of the Church, especially in so far as we now know that felons retain human dignity despite their crimes.", " . . . it is both historically and doctrinally false to suggest that the Church has in the past failed to understand that unrepentant felons retain their natural human dignity."  " . . .  it is untrue that the Church has not properly understood human dignity until the modern period." 
       " . . .  the Church has always affirmed, and has never denied, that the felon executed for a grave crime possesses human dignity, the imago dei ordered to, and specified by, noble goods in nature and grace." 
       "In the Catholic tradition, it is the dignity of the human person—not its denial—that undergirds the legitimacy of capital punishment."  
        "Genesis 9:6 identifies the imago dei as the very reason for the penalty: “Whosoever shall shed man’s blood, his blood shall be shed: for man was made to the image of God.”
        "It is this dignity of the human person that guarantees that no earthly suffering, including the need to suffer death as a penalty for grave crime, can of itself prevent anyone from attaining the highest good of union with God. Human dignity also merits the sternest protective legal sanctions, potentially including the death penalty."(3), life without parole and solitary confinement, all opposed by Pope Francis, knowingly, causing more harm to innocents (7-10A).
       "The Church has also held that the human dignity of the innocent merits the most rigorous defense, potentially including punishment by death for those who wrongfully assail the human dignity of others." 
(3)
       Again, this is an affirmation on more deference to the innocent victims than to the guilty unjust aggressors, the opposite of the positions of the current Church and Sister Helen Prejean (7-10A, 14).
       The Church's errors could, hardly, be more obvious, to the Church and so many others. It is impossible not to see it.
       I suspect all in Catholic leadership, through today, are very aware, just as, shown, within this very CCC, which contradicts the 2018 Amendment, within the very same CCC. It is impossible not to recognize it.
      Clement of Alexandria (153 - 217) Saint & Father of the Church: Each one of us, who sins, with his own free-will chooses punishment, and the blame lies with him who chooses. The Instructor - Bk I, Ch VIII 
       The murderer is the one responsible for their own loss of dignity, as CCC 2261 agrees, which can, only, be re-established, by their own efforts, with the mercy of God, and which cannot be negated by execution, nor by any other sanction, as per Aquinas and reason and 2261, and execution may well be the more merciful, more medicinal sanction, by expiation, . . .  as well known by the Church, as detailed:

CCC 2266: "When his punishment is voluntarily accepted by the offender, it takes on the value of expiation. Moreover, punishment, in addition to preserving public order and the safety of persons, has a medicinal scope: as far as possible it should contribute to the correction of the offender."

Pope Pius XII: "When it is a question of the execution of a man condemned to death it is then reserved to the public power to deprive the condemned of the benefit of life, in expiation of his fault, when already, by his fault, he has dispossessed himself of the right to live." 9/14/52

Resolved: CCC 2261 and 2266 are the opposite of an execution causing a loss of dignity. It is the correction of the offender, not the "correction" of the sanction. Expiation is not the loss of dignity, but the return of it. Very clear,
       The tragedy of this is that the Church must know it, as fact and reason is, clearly, evident to Her, as with all others.

Romano Amerio, a consultant to the Preparatory Commission of Vatican II, a peritus (expert theologian) at the Council:  
        Some opposing capital punishment ". . . go on to assert that a life should not be ended because that would remove the possibility of making expiation, is to ignore the great truth that capital punishment is itself expiatory." (15)
        "In a humanistic religion expiation would of course be primarily the converting of a man to other men. On that view, time is needed to effect a reformation, and the time available should not be shortened." (15)
        "In God’s religion, on the other hand, expiation is primarily a recognition of the divine majesty and lordship, which can be and should be recognized at every moment, in accordance with the principle of the concentration of one’s moral life.” (15)

            Humanism and other errors have infected the Church, on this topic, since EV, in 1995.
         By reason, the only way humans can lose their dignity is by themselves, within themselves, by their free will and by sin. An unjust aggressor who rapes and murders children has thrown their dignity away, while also trying to take away the dignity of their victims, which they cannot do, thank God.
         No sanction can take away the dignity of the unjust aggressor, nor does it. Only the unjust aggressor can do it to themselves, opposing God's will, with a sinful free will, as the Church confirms, within CCC 2261 and 2266, and as with:

CCC 2259: "Scripture reveals the presence of anger and envy in man, consequences of original sin, from the beginning of human history. Man has become the enemy of his fellow man. God declares the wickedness of this fratricide: "What have you done? the voice of your brother's blood is crying to me from the ground. and now you are cursed from the ground, which has opened its mouth to receive your brother's blood from your hand."

        A clear description of a murder, which causes the loss of dignity, for the murderer, by the murderer's own actions . . . as we all, inclusive of the Church, well know.
       It is clear, obvious, unambiguous.
     The loss of dignity is not by any sanction for that murder, as Pope Francis and the 2018 amended CCC 2267, wrongly declare, an error that must be obvious to the Church, as to all, pre the amended 1997 CCC, through today, and by reason.
      Clearly, the 2018 amended CCC 2267 misplaces the subject of dignity, as the Church, at one point, recognized and must know, now, Herself, as She correctly, still has dignity, in its proper place, within CCC 2259, 2261 and 2266, as well as within Genesis and within reason.

"For the earnest believer, the derogation of the doctrinal patrimony of the Church on (the death penalty)—as though Scripture, tradition, the consensus of the Fathers, the teaching of Aquinas, and the teaching of all papacies up to the present had been swept away—is in its way as saddening as is the derogation of spiritual and moral integrity in the case of Theodore McCarrick." (3)

It has been proven that both SPJPII and Pope Benedict, as well as others in Church leadership, knew of the allegations against McCarrick and did nothing. This, as well as herein, is what the faithful are struggling with . . . the Church, which, finally, admitted being sinful, knowingly, over a very long period of time, throughout the priest sex horrors, only confessing, after being exposed by outside sources, with the slow drip of new transgressions and coverups, again, being exposed by others, and expected to continue for decades (10A,16).

Popes knew of allegations against ex-Cardinal McCarrick years ago, report finds NBC NEWS, Nov. 10, 2020, 
https://www.nbcnews.com/news/world/popes-knew-allegations-against-ex-cardinal-mccarrick-years-ago-report-n1247225

Sadly, consistent with the Church not acknowledging Her obvious errors, since 1995's EV and the 1997 and 2018 CCC 2267 amendments, through today, harming more innocents (10A). 

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Lugo reviews some of the factual and rational errors, as well

Pope Francis and the Death Penalty
Luis E. Lugo, The Catholic Thing, SEPTEMBER 16, 2023,
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      C)  CCC 2267:"In addition, a new understanding has emerged of the importance of state-imposed criminal sanctions. Finally, more effective detention systems have been developed, which ensure the fair protection of citizens . . .".   

Error 8) "Equally important is the Pope's (Pius XII) insistence that capital punishment is morally defensible in every age and culture of Christianity." " . . . the Church's teaching on 'the coercive power of legitimate human authority' is based on 'the sources of revelation and traditional doctrine.' It is wrong, therefore 'to say that these sources only contain ideas which are conditioned by historical circumstances.' On the contrary, they have 'a general and abiding validity." (Acta Apostolicae Sedis, 1955, pp 81-82)."
"Capital Punishment: New Testament Teaching", Fr. John A. Hardon, S.J., 1998,   www.therealpresence.org/archives/Sacred_Scripture/Sacred_Scripture_014.htm

 . . . as is clear within the eternal teachings, within CCC 2260, as the Church knows.

      D) CCC 2267: " . . . more effective detention systems have been developed, which ensure the fair protection of citizens . . .". 

Error 9) Very well known as, factually, in error (7-10, 17) way before Evangelium Vitae (1995). From 1995, through today, the Church has intentionally, refused to, publicly, look at the reality of criminal justice systems (7-10, 17), even though, repeatedly, asked to do so. She knows Her claims are false.

It is impossible that She does not know (16,17).
       Worldwide, criminal justice systems, very often, either release or fail to lock up unjust aggressors, suffer escapes, as well as accidental releases, countless criminal acts, within prisons, over and over, again, with prison personnel, visitors and prisoners, at risk and harmed, by those incarcerated unjust aggressors, with all others at risk and harmed by known unjust aggressors, left in the free world or released back into it . . . all well known to the Church (17), but  intentionally avoided by Her. It is a huge, well-known elephant in the room, carried from EV into both the 1997 and 2018 CCC Amendments.
       Only willful blindness or deceit would have allowed the last four Popes and the Holy See not to have known this, 1995 forward. It is impossible not to have known (16,17).
      This is very easy to confirm, with the minimal effort of research, with fact checking, and vetting, as below (17), which the Church should have done, way prior to Evangelium Vitae (1995) and which has been well known, forever, inclusive, of course, is that living unjust aggressors can and do harm and murder, again, when not incarcerated, not executed, while in prison, after escape, after unintended release and  intended release.
        Executed unjust aggressors do not. No dispute. The Church concedes. So, why Her deceit? Ask Her.
      All of this is well known by all, inclusive of the Holy See.  It is impossible not to have known, all along, just as with the priest sex scandal (10A).
       How and why the Church, intentionally, avoided this, from EV and forward, through today, within the CCC, is a very sad, moral mystery.
      The Church is very well aware of repeat unjust aggressors (17), as She, secretly, Herself, oversaw such horrors within the priest sex abomination, until it was exposed, by others. 
      Yet, She still hid clear horrors, afterwards and, very likely, still, as proven with McCarrick and the recent (2023) France, Maryland and Illinois reports (16,17) and (2025) June 11, 2025, Catholic Church in Ireland reports record number of historic abuse allegations, Catholic World News (NOT HIDDEN).
      "Before the (outside) investigation, Illinois Catholic dioceses publicly listed only 103 substantiated child sex abusers." "By comparison, this report reveals the names and detailed information of 451 Catholic clerics and religious brothers who abused at least 1,997 children across all dioceses in the state of Illinois" . . . 
       With the abusers allowed to "hide in plain sight." (16), with more cover ups from the Church (10A), just as with Her anti-death penalty efforts.
       This is from 2023. The cover-up damn began to break in 1998 and exploded in 2008, 25 and 15 years earlier ($30 Million Awarded Men Molested by `Family Priest' / 3 bishops accused of Stockton coverup By Don Lattin, Chronicle Religion Writer, SFGate, July 17, 1998).
       No one doubts that the Church cover-ups existed in 2023, just as they did from 1940 forward, with this disease still active, moving forward, requiring more outside the Church intervention, as the Church has proven Her untrustworthiness, not factually nor rationally doubted, by anyone, again and again.

Clement of Alexandria, Saint & Father of the Church (150-215)
"The Law, even in correcting and punishing, aims at the good of men. But when it sees any one in such a condition as to appear incurable, posting to the last stage of wickedness, then in its solicitude for the rest, that they may not be destroyed by it (just as if amputating a part from the whole body), it condemns such a one to death, as the course most conducive to health." The Stromata , Bk I, Ch 27

St. Thomas Aquinas: “The fact that the evil, as long as they live, can be corrected from their errors does not prohibit the fact that they may be justly executed, for the danger which threatens from their way of life is greater and more certain than the good which may be expected from their improvement. They also have at that critical point of death the opportunity to be converted to God through repentance. And if they are so stubborn that even at the point of death their heart does not draw back from evil, it is possible to make a highly probable judgement that they would never come away from evil to the right use of their powers.” Summa Contra Gentiles, Book III, 146. and fn 10A

The Church knows it, but Pope Francis is, somehow, unaware?! Impossible.

Error 10) The standard cannot be "more effective" nor "fair", neither of which is a standard, but must be, how best to protect the innocent from the unjust aggressors, which is a standard.  That is how irresponsible the Church is and has been, within the EV and the CCC, as She knows.
      The Church is very aware, as per Her priest sex horrors, but appears to have learned nothing. 
      The Church, somehow, finds that the world's criminal justice systems will be more caring and protective than the Church (at least 1940-2025), when the obvious, clear evidence is to the contrary (16,17), with Her detailed "requirement" and " grave duty" that "requires rendering the unjust aggressor unable to inflict harm", as detailed, in Her own CCC, but, intentionally, avoided by the Church, within Her CCC 2267 amendments.

CCC 2260 "The covenant between God and mankind is interwoven with reminders of God's gift of human life and man's murderous violence: For your lifeblood I will surely require a reckoning.... Whoever sheds the blood of man, by man shall his blood be shed; for God made man in his own image. The Old Testament always considered blood a sacred sign of life. This teaching remains necessary for all time."

CCC 2266: "The State's effort to contain the spread of behaviors injurious to human rights and the fundamental rules of civil coexistence corresponds to the requirement of watching over the common good".

CCC 2265: "Legitimate defense can be not only a right but a grave duty for someone responsible for another's life. Preserving the common good requires rendering the unjust aggressor unable to inflict harm."

"requirement" "grave duty" "the common good" . . . and "requires rendering the unjust aggressor unable to inflict harm" with, only, the death penalty capable of doing that, as the Church and all of us know. "This teaching remains necessary for all time."  
      Could it be more obvious? Of course not. Possibly, the Church will remove all these pesky contradictions in Her next amendment. Watch.
      To be, very clear, law, law enforcement, criminal justice and sanction are societies' "legitimate defense" against criminal activity, by unjust aggressors. 
      Of course, the Church knows it.

      E)  CCC 2267: “but, at the same time do not definitively deprive the guilty of the possibility of redemption.”   

Error 11) Truly, a bizarre, inexplicable error, factually, rationally, biblically and theologically. 
         We are all deprived of the possibility of redemption, if not redeemed, prior to our deaths, no matter what and when those deaths are, be it old age, cancer, murder, war, car wreck, execution, etc.
       It is not factually, morally, ethically, rationally, biblically nor theologically possible to only, pick out execution, from all other deaths, and say it is the only one which does not allow redemption. 
       By reason, such is, totally, false, as is obvious to the Church and to all of us.
       But Pope Francis is, somehow, unaware?! Of course not.

       Pope Francis:  "A punishment (the death penalty) that is not open to hope is not Christian and not human", during his sermon to the prisoners. "That is why the death penalty is neither human nor Christian."
       The Pope is unaware that a Christian's death, no matter the manner of death, is always open to the greatest realization of Christianity's hope - their resurrection in Christ, an eternity of grace, paid for by the Passion of the Christ, through the punishment of death, the Perfect Sacrifice, the foundation for all Christianity, the pure manifestation of hope, an eternity in Christ, the reason Sister Prejean calls God an "ogre" (14) , but, instead, it is the eternal love of Jesus, the Holy Spirit and God, the foundation of Christianity.
      Pope Francis is telling us, precisely, that he is unaware. Impossible. How and why?
      Using the Church's and Pope Francis' (lack of) reason, it is surprising that She and he have not accused God of curtailing our redemption, as He finds it proper that we all die because of sin.
      By fact and reason, it is that simple and straight forward, with the Church and the Pope acting as if they are unaware. Impossible.         How and why?

"All interpretations, contrary to the biblical support of capital punishment, are false. Interpreters ought to listen to the Bible’s own agenda, rather than to squeeze from it implications for their own agenda. As the ancient rabbis taught, “Do not seek to be more righteous than your Creator.” (Ecclesiastes Rabbah 7.33.). Part of Synopsis of Professor Lloyd R. Bailey’s book Capital Punishment: What the Bible Says, Abingdon Press, 1987.

      F) CCC 2267: "Consequently, the Church teaches, in the light of the Gospel, that “the death penalty is inadmissible because it is an attack on the inviolability and dignity of the person”, and she works with determination for its abolition worldwide."

ERROR 12: As is obvious, throughout, death penalty abolition cannot be in the light of the Gospel, but is contrary to it, as proven within the very same CCC, as well as by reason. 

AN APPEAL TO THE CARDINALS OF THE CATHOLIC CHURCH (18) " . . . to teach that capital punishment is always and intrinsically evil would contradict Scripture. That the death penalty can be a legitimate means of securing retributive justice is affirmed in Genesis 9:6 and many other biblical texts, and the Church holds that Scripture cannot teach moral error." (18)
      "The legitimacy in principle of capital punishment is also the consistent teaching of the magisterium for two millennia." (18)
      "To contradict Scripture and tradition on this point would cast doubt on the credibility of the magisterium in general." (18)
        " . . . the decree of Genesis 9:5-6 is equally enduring and cannot be separated from the other pledges and instructions of its immediate context, Genesis 8:20-9:17; . . . that is true unless specific Biblical authority can be cited for the deletion, of which there appears to be none. It seems strange that any opponents of capital punishment who professes to recognize the authority of the Bible either overlook or disregard the divine decree in this covenant with Noah; . . . capital punishment should be recognized . . . as the divinely instituted penalty for murder; The basis of this decree . . . is as enduring as God; . . . murder not only deprives a man of a portion of his earthly life . . . it is a further sin against him as a creature made in the image of God and against God Himself whose image the murderer does not respect." (4) Biblical scholar Dr. Gervas A. Carey

CCC 2265: "Preserving the common good "requires" rendering the unjust aggressor unable to inflict harm."


CCC 2260: "For your lifeblood I (God) will surely require a reckoning.... Whoever sheds the blood of man, by man shall his blood be shed; for God made man in his own image." "This teaching remains necessary for all time."
 
"surely require", "shall" and "remains necessary for all time". All eternal scripture. Not optional and, very, clear to the Church, as to all.

" . . . to teach that capital punishment is always and intrinsically evil would contradict Scripture. That the death penalty can be a legitimate means of securing retributive justice is affirmed in Genesis 9:6 and many other biblical texts, and the Church holds that Scripture cannot teach moral error." (18)

The Church "missed" it? Of course not.

13 clear errors in CCC 2267, therefore invalid.

EV (1995) and the amendments of CCC 2267 (1997, 2018) have been sloppy, irresponsible, contra reason and chilling, just as 2264, below.

With the Church, there is this pattern:

" . . . (it) is symptomatic of a society that can garner more support to spare the guilty than to save the innocent."

"The crowd still wants Barrabas." (13)

==================
EXTRA

14th & 15th Error - CCC 2264

The earlier version had this:
 
"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....".
 
Error 14) It reflects nothing but willful ignorance.  The Church had no clue as to self-defense and cared not about learning about it. Multiple gunshot wounds, or other, have not stopped unjust aggressors from continuing harm. 

Some deference to the innocent is required. The Church showed none.
 
Then this addition, later, reflecting that observation, a little late and, still, it is irrational.
 
"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."
 
Error 15) This is, also, a clear error.
 
      It is not because "one is bound to take more care of one's own life than of another's."
      The error is clear, as this example: 

"one (the unjust aggressor) is bound to take more care of one's own life than of another's (the innocent victim)."
     This was allowed because the Church used no critical thinking, in 
creating the amendment, which should be impossible, but which occurred, seamlessly, with all of Her other errors. 
      Rationally, instead, it should reflect this:
      "within self-defense, the saving of innocent life is required over that of saving the life of the unjust aggressor."

       That is moral self-defense. The Church? Clueless? Impossible. Then, why? Because She is concerned with protecting the guilty, at the expense of more innocents harmed, as with the priest sex horrors (10A, 13A).
       The lack of moral clarity and reason, within the current 2264, is contrary to a CCC. 

The Church continues Her lack of deference to the innocent, even though the CCC requires it.

With the Church, there is this pattern:

" . . . (it) is symptomatic of a society that can garner more support to spare the guilty than to save the innocent."

"The crowd still wants Barrabas." (13 & 10A)

======

more here:

BISHOPS HIDE TRUTH FROM THEIR FLOCK: DEATH PENALTY
  
Additional readings by Catholic Scholars

POPE FRANCIS AND CAPITAL PUNISHMENT, 
by Edward Feser, First Things, 8 /3 /2018,
 
"Pope’s change to Catechism contradicts natural law and the deposit of Faith: This is Pope Francis's boldest and most reckless move to date",
Peter Kwasniewski,  Lifesite News, Aug 2, 2018,
 
"What was black is now white: Pope "changes Catechism" to declare death penalty 'inadmissible in all cases' ", Bergoglian Milestones, Rorate Cafli, International Traditionall Catholic WebLog,

Is The Catholic Mobilization Network a Lying Institution or . . . ?


 
CARDINAL DULLES’S DUBIA, Michael Pakaluk, First Things,  8 /6/2018

 
Pope Francis and the death penalty: a change in doctrine or circumstances?, Ed Condon, CNA, 8/3/2018
 
SOME RESPONSES TO POPE FRANCIS'S REVISION OF CCC 2267 :
Thomistica, The Sacra Doctinal Projects
 
What Is Bergoglianism?, Chris Ferrara, The Fatima Center, DECEMBER 4, 2019,
Ferrara, President & Chief Counsel of the American Catholic Lawyers Association.

 The Legitimacy of Capital Punishment, by Fr. John A. Hardon, S.J.,

======

FN 

Research, with fact checking, vetting, below, with all sources provided.

1) Pope John Paul II: His death penalty errors, 
October 1997, updated through 2023

2)  Kevin L. Flannery S.J., Consultor of the Sacred Congregation for the Doctrine of the Faith, appointed by SPJPII (2) “Capital Punishment and the Law”, Ave Maria Law Review, 2007 (30 pp),
https://avemarialaw-law-review.avemarialaw.edu/Content/articles/V5i2.flannery.copyright.pdf 

3) Magisterial Irresponsibility, Steven Long, First Things, 10/18
https://www.firstthings.com/article/2018/10/magisterial-irresponsibility

4) (p. 111-113). Quaker Scholar Dr. Gervas A. Carey. A Professor of Bible and past President of George Fox College, "A Bible Study", from Essays on the Death Penalty, T. Robert Ingram, ed., St. Thomas Press, Houston, 1963, 1992.

5) Dr. J. Budziszewski, Catholic Scholar, Jan. 25, 2002 conference, Pew Forum, titled "A Call for Reckoning: Religion and the Death Penalty"

6) Religion and the Death Penalty 


7) The Death Penalty: Saving More Innocent Lives
and
see a human rights violation, within
Moral Hypocrisy: European Union & The US Death Penalty

8) Deterrence, Death Penalties & Executions

9) The Super Due Process Protections: Texas Death Penalty Procedures 

10) The Death Row "Exonerated"/"Innocent" Frauds 
71-83% Error Rate in Death Row "Innocent" Claims,
Well Known Since 2000 

10A) 30 Examples:  How Death Penalty Abolitionists Value Murderers More Than Their Innocent Victims:
AKA - Full Rebuttal of Sir Richard Branson & His Death Penalty Comments

11) The Death Penalty: Mercy, Expiation, Redemption & Salvation

12)  Cardinal Avery Dulles, "Catholicism and Capital Punishment"]."The Purpose of Punishment (in the Catholic tradition)", by Canon Lawyer R. Michael Dunningan, J.D., J.C.L., CHRISTIFIDELIS, Vol.21,No.4, Sept 14, 2003)

13) Four Catholic Journals Indulge in (anti death penalty) Doctrinal Solipsism,Steven Long, THOMISTICA, March 5, 2015,

13A)   30 Examples: 
How Death Penalty Abolitionists Value Murderers More Than Their Innocent Victims:
AKA - Full Rebuttal of Sir Richard Branson & His Death Penalty Comments

14) Sister Helen Prejean: Her Lies, Deceptions and/or Astounding Willful Ignorance? - A Compilation
and
Does Truth Matter? Sr. Prejean, The Church & U of Notre Dame 

15) “Amerio on capital punishment “, Chapter XXVI, 187. The death penalty, from the book Iota Unum, May 25, 2007, www.domid.blogspot.com/2007/05/amerio-on-capital-punishment.html

Amerio, a professor at the Academy of Lugano, faithful Catholic Vatican insider, adviser at Vatican II

16)   France's Catholic Church had 3,000 child abusers, finds independent investigation, The Associated Press, October 3, 2021

Opinion The Catholic Church’s sex abuse scandal continues, Editorial Board , Washington Post, 11/13/2022,

Nearly 2,000 children in Illinois were sexually abused by Catholic clergy, state finds,

17) Catechism & State Protection

18) AN APPEAL TO THE CARDINALS OF THE CATHOLIC CHURCH, various esteemed religious authors, First Things, 8/15/18 

======
600+ pro death penalty quotes from murder victim's families &
3300+ from some of the greatest thinkers in history
====== 
======
 
Additional research, w/sources, w/fact checking/vetting & critical thinking, as required of everyone.  
 
The Death Penalty: Justice & Saving More Innocents
and
Students, Academics & Journalists: Death Penalty Research
7 pro-death penalty experts are included
======
 
Partial CV
NOTE: I am not a Catholic, nor a biblical scholar, nor a theologian, but have been studying the works of those who are, since 1995.

======

addl bcc: (primarily) Catholic institutions, worldwide
The Adrian Dominican Sisters,
Ignatian Solitary Network , Glenmary Challenge Magazine, Catholic Review, Archdiocese of Boston, The Compass, The Sentinal, Roman Catholic Communicators of Canada, Novalis Publishing Archdioces of St.Louis & St.Louis Review, Our Northland Diocese & Diocese of Crookston, Catholic New York, Archdiocese of Detroit & Detroit Catholic. ONE Magazine, Religion Unplugged (The Media Project), Archdioces of Lousiville, Global Pulse,  UCA NEWS, Twenty-Third Publications, Archdiocese of Detroit, Eureka Street,  The Acton Institute, The Word On Fire, Holy See Mission, The Witherspoon Institute, University of the Incarnate Word, Diocese of Fort Worth,  La Croix International, People of Praise, Nebraska Catholic Bishops (staff and parishes), Creighton U., Seton High School (Students & Teachers, Bladensburg, MD), The Catholic Weekly (Australia), Archdiocese of Oklahoma City, Catholic Conference of Oklahoma, Diocese of Salt Lake City, Arizona Catholic Conference, Religious News Assoc., Diocese of Green Bay, Rev. Harry D. Gatewood, M.Div., Louisiana Catholic Diocese (Bishops and staff), The Fellowship of Catholic University Students (FOCUS), Catholic Digest,  Catholic Journal, Today's (SA) Catholic, US Catholic,  The Catholic Weekly, Crisis Magazine, FAITH Magazine,  Catholic Telegraph,  The Irish Catholic,  Archdiocese of Seattle, NW Catholic, Zenit, NZ Catholic, The Central Minnesota Catholic, The Catholic Network, The Universe Catholic Weekly, Broadview,  Duke Divinity School. Religion Unplugged, The Associated Church Press, The Christian Recorder, PCUSA.org, Prison Fellowship, Pennsylvania Prison Society, Archdiocese of Miami, Augustinian Defenders of the Rights of the Poor (ADROP), Order of Malta, Catholic Prison Ministries Coalition, Virginia Catholic Conference & Diocese of Richmond, All Students & Teachers St. Joseph's Academy (Baton Rouge) , Loyola U., Holy Trinity Catholic Church (Washington DC), Archdiocese of San Antonio, DeSales Media Group & Diocese of Brooklyn,  RENEW Intl., Angelus News, FloridaCatholic, Catholic Standard and Archdiocese of Washington DC, Oklahoma Diocese, Where Peter Is, The Wanderer, Nebraska Diocese, The Dialog & Diocese of Wilmington, Archdiocese of Galveston-Houston, Catholic Herald, Catholic Philly & Philadelphia Archdiocese, Intermountain Catholic & Diocese of Salt Lake City, Opus Dei, Notre Dame Observer, Diocese of Raleigh, Diocese of Scranton, Renew Intl., Society of St. Pius X (SSPX), Archdiocese of Cincinnati, Catholic League, The Sisters of Saint Dominic (Blauvelt, New York), The Catholic Telegraph,  Church Militant, The Catholic Sun, New Advent, The (Fordham U) Observer, St. Patrick Catholic Community (Scottsdale, Az.), Diocese of St. Cloud,  Archdiocese of St. Paul and Minneapolis, Diocese of Tucson,  Catholic Daughters of America,    The Record & Archdiocese of Louisville,  The Archdiocese of  Los Angeles,   many more

 
University of Notre Dame Institutions
Exoneration Justice Clinic (Notre Dame Law School),  Klau Institute of Civil and Human Rights,  G. Marcus Cole, Dean, Notre Dame Law School,  ND's de Nicola Center for Ethics and Culture,  ND's Tocqueville Program for Inquiry into Religion and Public Life,  ND's Program on Church, State & Society,  All Professors, Notre Dame Law School,  ND's Center for Social Concerns,  Gallivan Journalism Program,  ND Debate Team,  ND's Dept. Of Theology,  Notre Dame Magazine,  The (ND) Observer,  Notre Dame News, WSND Radio-FM, 
 
and  South Bend Tribune and AWAKE

Sunday, January 09, 2022

Judges, Solely, At Fault For California Death Penalty Disaster

 7/18/2014    

Judges, Solely, At Fault For California Death Penalty Disaster
Dudley Sharp, independent researcher, death penalty expert, former opponent, 832-439-2113, CV at bottom

Federal Judge Carney declares long stays on death row, in California,  unconstitutional, thereby extending stays on death row by 5 years or more, based upon how slowly California cases make it through the appellate judicial system - a system that just keeps on creating more and more delay, as intended . . .  by the judges.

Had California judges acted in a responsible matter, since California's new death penalty statutes were enacted in 1978, then California would have about 111 death row inmates, today (1), would be able to, properly, manage that number, execute within 7 to 11 years, on average, and finalize non executed inmates appeals, within that same time frame, while managing new additions to death row.   

Virginia has the most efficient death penalty system (2).   If California duplicated Virginia's results, through 2012, there would have been 703 executions (72%) and 175 (18%) would have been removed from death row, by appeals and commutations and there would be 80 death row inmates in California, today.   

California has executed 13 or 1.3%. 

======
JUDGES AS JACKASSES: DEATH PENALTY
https://prodpinnc.blogspot.com/2016/11/judges-as-jackasses_4.html 
======

All of the problems on California's death row are a result of judicial mismanagement, which, I suggest, was intentional and has resulted in this, predictable, train wreck -- a judicially created disaster, with over 700 death row inmates.   

One of the more idiotic statements by Judge Carney, from this decision, is:

"California's death penalty system is so plagued by inordinate and unpredictable delay that the death sentence is actually carried out against only a trivial few of those sentenced to death."   

Delays have been inordinate and 'predictable' for two decades, based upon judicial mismanagement.  

====== 
Judges Responsible For Grossly Uneven Executions
======

We have criminal sociopath's on death row and judges running the death penalty system into the ground.   

It's long past time to reduce both their numbers.   If the judges cared one wit about justice, the innocent murder victims, the law, the California citizens and their money, they would have properly managed death penalty cases, instead of what they have done, which is just the opposite.   

The California death penalty system is a train wreck, because the judges are the conductors.  

1) Properly managed death penalty system   

976 sent to death row, 1978-2012, 450 executed  (46%), 300 overturned on appeal   (31%), 30  commuted  (3.1%), 85 died   111 on death row 2012   

With executions beginning in 1990, with average times on death row, from 7-11 years, prior to execution and 17 executions/yr, on average, since 1990, 12 years after new death penalty statutes. 

For appeals to take 7-11 years, that would be 3-6 years for state appeals and 3-6 years for federal appeals   This is a system much less efficient than Virginia's, but still responsible, meaning impossible by California judicial standards.   

2) Virginia 1973-2012, 152 sentenced to death, 109 executions (72%) executed, 16 removed on appeal (10.5%), 11 commuted (7%), total appeals/commutation removals 18%.   

from Capital Punishment, 2012, BJS, table 17 http://www.bjs.gov/content/pub/pdf/cp12st.pdf

Also see:   Path to execution swifter, more certain in Va., Frank Green, Richmond Times-Dispatch, December 4, 2011 12:00 am | Updated: 9:49 am, Mon Dec 31, 2012 

======
600+ pro death penalty quotes from murder victim's families &
3300+ from some of the greatest thinkers in history
====== 
======
 
Research, w/sources, w/fact checking/vetting & critical thinking, as required of anyone within a public policy debate and which rebut all anti-death penalty claims.
 

The Death Penalty: Justice & Saving More Innocents
and
Students, Academics & Journalists: Death Penalty Research
(7 pro-death penalty experts listed)
Partial CV, Dudley Sharp

Tuesday, January 04, 2022

Students: Death Penalty Research

Students, Academics & Journalists: Death Penalty Research

from Dudley Sharp, independent researcher, pro death penalty expert, former opponent, 832-439-2113, CV included

This is, primarily, a pro death penalty resource. Anti-death penalty references and resources are, nearly, infinitely greater, in number.

Pro death penalty experts, at bottom.

NOTE: The Death Penalty Information Center is, strictly, anti-death penalty and lies about being a neutral source, as is proven, below,

Suggested readings: Death Penalty

Two best books for an even and balanced review of the death penalty.

The Death Penalty: For and Against, by Jeffrey Reiman and Louis P. Pojman, (Rowman & Littlefield Publishers, 1997)

Debating the Death Penalty: Should America Have Capital Punishment? The Experts on Both Sides Make Their Case, edited by Hugo Adam Bedau and Paul Cassell, who are also included authors. (Oxford U Press, 2004)

Both excellent.

NOTE: The Opposing Viewpoints Series on the death penalty/capital punishment has, over decades, provided the most evenly balanced reviews of this debate. Publishers Greenhaven Press and/or Gale.

Such are at a lower academic level than the others, but offers very balanced reviews of all the sub-topics, not just for the death penalty, but for many social and public policy debates, providing a welcome foundation for why looking at both sides is crucial, as is, always, the case.

======

Books for the death penalty - There are countless books and websites against the death penalty, very few for.

By Man Shall His Blood Be Shed: A Catholic Defense of Capital Punishment (2017), Edward Feser & Joseph Bessette,

The Death of Punishment, Robert Blecker, 2014

Capital punishment: What the Bible Says, Lloyd Bailey, 1987

For Capital Punishment · Walter Burns - Basic Books - 1979

Neither Cruel Nor Unusual: The Case for Capital Punishment, Frank Carrington, 1975

Pro death penalty experts & websites

1) Robert Blecker, law professor, New York Law School, a remarkable record of academic achievement, a playwright, published author, etc. 212.431.2873, rblecker@nyls.edu

BIO
2)  Paul Cassell, legal scholar, law professor, former federal judge, pro death penalty expert. A titan in victim's rights, with major contributions in the pro death penalty debate. paul.cassell@law.utah.edu, 801-585-5202

Paul Cassell, Research Review

Included, therein, is the Cassell and Markman dissection of-what was to become the template for the anti -death penalty "innocent" and "exoneration" frauds to come, here:  

Protecting the Innocent: A Response to the Bedan-Radelet Study, (with Stephen J. Markman) 41 Stan. L. Rev. 121 (1988). Published, 01/1988.

3 and 4) Edward Feser & Joseph Bessette

Both are, extraordinarily, prolific and thoughtful

I put them, together, because of their masterwork, on this topic:

By Man Shall His Blood Be Shed: A Catholic Defense of Capital Punishment (2017), 
Edward Feser & Joseph Bessette

They both have many additional contributions in this debate, before and after 2017, all of which are, easily found with a search.
 
Prof. Edward Feser, philosopher, professor, and expert in religion and Catholicism, with many contributions

Prof. Joseph Bessette, Government & Ethics, Criminal Justice Expert

5) Josh Marquis, retired Democratic DA, formerly defense counsel, pro death penalty expert. He's done it all, in all forums and very, very well. 

See The Death Penalty heading, about 1/3 down, here:

The Death Penalty

6) Kent Scheidegger, Criminal Justice Legal Foundation, pro death penalty expert, legal scholar. Astonishing friend of the court briefer at US Supreme Court and lower court levels, with many other major contributions. 916.446.0345

Death Penalty: General

on Death Penalty Deterrence

7) Dudley Sharp, pro death penalty expert, former opponent
Extremely active, throughout the world, having rebutted all anti-death penalty claims and/or proven the pro death penalty positions stronger, 
sharpjfa@aol.com, 832-439-2113

This is a pro death penalty intro, regularly updated, with all major sub-topics reviewed.

Research, w/sources, w/fact checking/vetting & critical thinking, as required of everyone in a public policy debate and which rebut all anti-death penalty claims.
 
The media/academic norm is to use anti-death penalty material, refuse to fact check or vet it and avoid all pro-death penalty research and experts. How will you know that is true? You haven't seen this material, prior.

The Death Penalty: Justice & Saving More Innocents
and
Students, Academics & Journalists: Death Penalty Research
(7 pro-death penalty experts listed)

600+ pro death penalty quotes from victim's families &
3300+ pro death penalty quotes, from some of the greatest thinkers in history

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======


Friday, December 31, 2021

Why Gov. Perry shook up the Texas Forensic Science Commission

Why Gov. Perry shook up the Texas Forensic Science Commission
Dudley Sharp, independent researcher, pro death penalty expert, former opponent, 832-439-2113, CV at bottom

originally published 10/16/2009 (3)

Gov. Perry’s replacement of the Forensics Science Commission (FSC) members hurt him politically. He knew it would, yet he did it anyway. Why?  

The ridiculous speculation, that such was part of a cover-up to hide the evidence of an innocent executed, Cameron Todd Willingham, was humorous.  

Perry’s actions brought more light, more suspicion and more outrage to a case that was, already, fully exposed.  

Politicians don’t, usually, make decisions like this, intentionally inflicting harm to themselves, particularly in such a closely contested battle, as Perry has with Sen. Hutchison. 

Yes, politicians and their advisors can be unbelievably stupid, but bear with me.  

Perry’s silly explanation that “it was standard policy” to replace those members, rightly, fell on disbelieving ears. Yes, their terms had expired, 9/1, but the timing of the removals, 9/31, two days before the formal FSC hearing on this case, was explosive, just as Perry knew it would be.  

Perry’s response to gubernatorial political opponent Sen. Hutchison’s criticism was telling “She doesn’t have all the facts.” 

======
Added later. All of this, likely, was known by Perry, at the time of the Commission shake up:

1) By statute, the Commission was, illegally, investigating both Willingham and Willis cases, as was confirmed by the Attorney General, from the very clear statute.
2) The Beyler Report was, justly destroyed. Beyler didn't even know that 3 year old Amber was in bed, with Todd Willingham, during the fire. Grossly irresponsible forensic report.
3) There were leaks coming out of the TFSC.

The Commission shake up was, clearly, justified and, in addition, as, detailed later, by dismissed TFSC Chair Sam Bassett's interviews.
======

Perry publicly admitted that the reasons for replacing the members was not business as usual. He contradicted himself. Few noticed.  

First, the charge, true or false, that Perry is covering up his malfeasance in an innocent person being executed, is not a charge that Perry can avoid and just hope it goes away. Citizens are outraged by political cover ups, even more so if it concerns an innocent citizen being killed.  

For Perry’s political enemies, as well as the media and anti-death penalty folks (very often the same), there is blood in the water and they will not allow this to fade away – nor should they.  

Secondly, in the midst of a battle for Perry’s political life, the accusations are too damning and important not to be resolved, quickly and thoroughly.  

======
A Complete Compilation:
Cameron Todd Willingham: Media Meltdown & the Death Penalty
When Media & Anti-death Penalty Advocates Are the Same 
and
A Repudiation of Journalism, by Journalists?
The Society of Professional Journalists & The Sigma Delta Chi Award: 
======

Thirdly, let’s presume the obvious, most politicians act with self -interest, with reelection as a primary goal. Enter Perry. 

He knew that his replacement of the 4 Commission members would be a huge pile of manure in his campaign and would remain a major negative throughout the campaign.  Therefore, he had to have known that there was a positive that was going to arise out of this short term disaster, a flower growing out of that manure, if you will. 

He wouldn’t have replaced those 4 members, unless there was something to serve his self interest, that would, better sooner than later, BENEFIT his campaign.  

NOTE: As one reporter speculated: “Dudley, you may be giving Perry’s advisors too much high IQ credit.” Point taken.  

Here is my speculation as to why all of this happened. (Later: All of which turned out to be true)

(1) The brief and incomplete Corsicana Fire Department report (CFDR) to the Beyler report (BR), certainly, offers a clue. It blasted the BR on some obvious and important points, making over a hundred comments and corrections to Beyler’s 19 page review of the Willingham case.  It made a decent case that Beyler’s report is both inaccurate and biased (A)  

The CFDR noted that it was very limited by time and other constraints. With the hearing delay, those time constraints have now been lifted. Likely, that will mean more criticism of the BR and a more thorough review of all the case evidence for the CFDR.  Even a curious layman could some real problems in the BR.  Any media folks interested in investigative journalism would have seen it as well. 

Apparently, none did. Hint. Read the incomplete CFDR, released Oct.3rd.


2) The evidence is that the pending Texas Fire Marshall’s (TFM) report, which is another formal part of this review process, is, also, going to be critical of the BR.  We know that because the TFM’s office has stated that they are standing by their deceased expert’s, Vasquez’s, report (A1).  

The BR laid waste to Vasquez’s report. Therefore, we already know what the TFM Report is going to do – lay waste to the BR.  

I’ve seen none in the media mention this obvious fact.  

3) Based upon the probability that Perry or his advisors either read or knew what was in either or both of the TFM and CFD reports, as well making their own critical review of Beyler’s report, prior to 9/31, it becomes understandable why Perry replaced the Commission members.  

Perry’s, likely, assessment was, “wait a minute, the Beyler report is so biased, so filled with inaccuracies, why didn’t the committee members request a more balanced report, prior to the hearing? They would be fools, idiots or worse not to.”  

In addition, I don’t think anyone can underestimate the effects of political paranoia, which run deep in such campaigns.  

4) It appears likely that there may be factors regarding the TFSC that we are, currently, unaware of as, specifically, suggested by Perry’s response to Hutchison. “She doesn’t have all the facts.”  If she doesn’t have them, we don’t either.  

In such a circumstance, any Governor, concerned with a fair evaluation of the government’s business, might feel the need to make changes.  Yes, I might be wrong, but it certainly makes more sense than to cover up what can’t be covered up, to sabotage your own campaign when you cannot afford to.  

Depending upon their schedules, can’t the 4 new commission members get up to speed within 4-8 weeks, meaning a new FSC hearing can, responsibly, be held in December or January?    

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600+ pro death penalty quotes from murder victim's families &
3300+ from some of the greatest thinkers in history
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(A) 1. EXCLUSIVE: City report on arson probe: State panel asks for city response in Willingham case  http://www.corsicanadailysun.com/news/local_story_276222736.html  

(A)2.  No Doubts  http://www.corsicanadailysun.com/thewillinghamfiles/local_story_250180658.html  

3) http://homicidesurvivors.com/2009/10/16/why-gov-perry-shook-up-the-texas-forensic-science-commission/ 

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Research, w/sources, w/fact checking/vetting & critical thinking, as required of everyone in a public policy debate
 
The Death Penalty: Justice & Saving More Innocents
and
Students, Academics & Journalists: Death Penalty Research
(7 pro-death penalty experts, herein)

Innocence Project Report: Cameron Todd Willingham

Innocence Project Report: Cameron Todd Willingham  
Dudley Sharp, contact info below    

Originally published 10/26/2009 (1).   

In the Willingham case, the Innocent Project Report (IPR), in their executive Summary, found the fire was not an incendiary fire (2).    

The IPR provided no evidence of that and no other source for the fire was established. 

Discounting their statement goes to their lack of proof/evidence for the claim, for which they have none.   

It may go to a professional standard that says, if you can’t prove it’s arson, then it is accidental.  Not true, of course, at least in this case.  

Therefore, the IP Executive Summary conclusion is highly misleading or a lie, based only upon this layman’s understanding of “the fire was not an incendiary fire.”  

Not surprising. Barry Scheck, the head of the Innocence Project, states: “There can no longer be any doubt that an innocent person (Willingham) has been executed.” (3)

How, blatantly, dishonest can Scheck get? All Scheck is doing is removing any remaining doubt as to the IP’s bias and hurting an already damaged image of forensic scientists as anything but objective parties.  Barry, why do that? 

Likely, it is only based on a partisan anti-death penalty bias. No excuse.  Has the media gone after Sheck on this? Of course not. This goes to the media’s unchallenged bias against the death penalty in this, as in many death penalty cases.  Same ole story.   

The IPR, a short review:  

NOTE: I have significant problems with the way the IPR was written. The IPR often travels down one road, only, seemingly, that of the defense in a criminal case. What the IPR fails to do, is tell the reader the full story.  

I quote sections of the IPR, below, and after those are my reply, which is “WTIFTM” or “what the IPR forgot to mention”.  

IPR: “This process can create patterns on those surfaces of the type described by Mr. Vasquez as “puddle configurations” and “pour patterns.” More importantly, these patterns can be created in compartment fires where no flammable liquids were introduced.” (p 9, lines 8-11)  

WTIFTM: It also can be created by flammable liquids in an arson fire. Possibly, persistent patterns remained.  

IPR: “Based on this work, significant differences in the condition and appearance of the fire compartments and contents were observed between experiments with the same method of ignition. Simply stated, the patterns produced could not be used to discriminate an arson fire from an accidental fire.” (p9, lines 28-31)  

WTIFTM: Precisely, could have been arson, could have been accidental. Possibly, persistent patterns remained.  

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Cameron Todd Willingham: Guilty By Forensic Science, 2019
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IPR: “Even if we assume for the sake of argument that Mr. Vasquez’s repeated assertions that there was liquid accelerant used in this fire are correct, the distance between the three alleged areas of origin would not constitute an effective separation for a flammable liquid because the vapor would simply flash across the intervening space between the alleged pools of liquid fuel. In essence, there could only have been one origin given Mr. Vasquez’s determination.” (p 12, lines 3-8)  

WTIFTM: Yes, assuming that Vasquez was correct, the fire, most certainly, could have been arson. There could have been three origination points for the arson. Yet, the effects of a flashover may have erased any evidence of separation, possibly making an arson fire indistinguishable from an accidental fire and producing evidence of a single origin, when there may have been multiple origins. Possibly, persistent patterns remained.  

IPR: “Each and every one of the “indicators” listed by Mr. Vasquez means absolutely nothing, and, in fact, is expected in the context of a fire that has achieved full room involvement, as this fire clearly did. Low burning, charred flooring and burning underneath items of furniture are common characteristics of a fully involved fire.34 They mean nothing with respect to the origin and cause of the fire, and they absolutely do not support any hypothesis that the fire had been accelerated by liquid fuels.” (p17 lines 19-24)  

WTIFTM: In fact, it supports neither hypothesis, that it was arson or accidental. It could have been either. Possibly, persistent patterns remained.  

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Complete Rebuttal of: (Updated through 2020)
"Trial by Fire: Did Texas execute an innocent man?", David Grann, The New Yorker, 9/7/2009: Cameron Todd Willingham: Media meltdown & the death penalty

IPR: “Further, as stated earlier, it is impossible for flammable liquid to flow underneath a threshold and burn, because there is a lack of available oxygen under the threshold to support flaming combustion. (p 17, lines 41-43)  

WTIFTM: To state the obvious, it depends upon how secure the threshold is. If loose, worn, old and cracked, there may be sufficient oxygen to support flaming combustion.  

IPR: “All of the (IPR) authors have seen reports like this one. If the Fire Marshal’s determination is wrong, his identification of the “lies” told by the defendant is equally wrong.”  p18, lines 13, 14)  

WTIFTM: In this case, that may not be true. 

It is important to note the IPR said ” ‘If’ the fire marshal’s determination is wrong."

Because the IPR cannot conclude arson or accidental, it is very possible that the Fire Marshall was correct in his conclusion of arson, even though his methodology and foundation for determining that may have been in error. 

He may have, allegedly, bumbled his way into the correct conclusion. If arson, Willingham’s lies may have been properly identified, bumbles and all. While the IPR may have made a good case for flawed forensics, they cannot dispute that the fire may have been arson. Therefore, the conclusion of the Fire Marshall may be correct, even though the method of arriving at it, possibly, was not. Possibly, persistent patterns remained.  

NOTE: we have, still, not seen the updated Corsicana Fire Department Report, if there will be one. I suspect there will be. Nor have we seen the report by the Texas Fire Marshal’s office, although we do have a statement from them that they will be standing by their expert, Vasquez’, report.  As I have, repeatedly stated, since August, do not make hasty decisions in this case. It has a long way to go.   

1) http://homicidesurvivors.com/2009/10/26/innocence-project-report-cameron-todd-willingham/   

2)http://www.innocenceproject.org/docs/ArsonReviewReport.pdf

3) http://www.innocenceproject.org/Content/2149.php