In order to protect the common good, the lawful public authority must exercise the right and the duty to inflict punishments according to the seriousness of the crimes committed827Cf. Catechism of the Catholic Church, 2266.. The State has the twofold responsibility to discourage behaviour that is harmful to human rights and the fundamental norms of civil life, and to repair, through the penal system, the disorder created by criminal activity. In a State ruled by law the power to inflict punishment is correctly entrusted to the Courts: “In defining the proper relationships between the legislative, executive and judicial powers, the Constitutions of modern States guarantee the judicial power the necessary independence in the realm of law”.828John Paul II, Address to the Italian Association of Judges (31 March 2000), 4: AAS 92 (2000), 633.
Punishment does not serve merely the purpose of defending the public order and guaranteeing the safety of persons; it becomes as well an instrument for the correction of the offender, a correction that also takes on the moral value of expiation when the guilty party voluntarily accepts his punishment.829Cf. Catechism of the Catholic Church, 2266. There is a twofold purpose here. On the one hand, encouraging the re-insertion of the condemned person into society; on the other, fostering a justice that reconciles, a justice capable of restoring harmony in social relationships disrupted by the criminal act committed. In this regard, the activity that prison chaplains are called to undertake is important, not only in the specifically religious dimension of this activity but also in defence of the dignity of those detained. Unfortunately, the conditions under which prisoners serve their time do not always foster respect for their dignity; and often, prisons become places where new crimes are committed. Nonetheless, the environment of penal institutions offers a privileged forum for bearing witness once more to Christian concern for social issues: “I was ... in prison and you came to me” (Mt 25:35-36).
The activity of offices charged with establishing criminal responsibility, which is always personal in character, must strive to be a meticulous search for truth and must be conducted in full respect for the dignity and rights of the human person; this means guaranteeing the rights of the guilty as well as those of the innocent. The juridical principle by which punishment cannot be inflicted if a crime has not first been proven must be borne in mind. In carrying out investigations, the regulation against the use of torture, even in the case of serious crimes, must be strictly observed: “Christ's disciple refuses every recourse to such methods, which nothing could justify and in which the dignity of man is as much debased in his torturer as in the torturer's victim”.830John Paul II, Address to the International Committee of the Red Cross, Geneva (15 June 1982), 5: L'Osservatore Romano, English edition, 26 July 1982, p. 3. International juridical instruments concerning human rights correctly indicate a prohibition against torture as a principle which cannot be contravened under any circumstances. Likewise ruled out is “the use of detention for the sole purpose of trying to obtain significant information for the trial”.831John Paul II, Address to the Italian Association of Judges (31 March 2000), 4: AAS 92 (2000), 633. Moreover, it must be ensured that “trials are conducted swiftly: their excessive length is becoming intolerable for citizens and results in a real injustice”.832John Paul II, Address to the Italian Association of Judges (31 March 2000), 4: AAS 92 (2000), 633. Officials of the court are especially called to exercise due discretion in their investigations so as not to violate the rights of the accused to confidentiality and in order not to undermine the principle of the presumption of innocence. Since even judges can make mistakes, it is proper that the law provide for suitable compensation for victims of judicial errors.
The Church sees as a sign of hope “a growing public opposition to the death penalty, even when such a penalty is seen as a kind of ‘legitimate defence' on the part of society. Modern society in fact has the means of effectively suppressing crime by rendering criminals harmless without definitively denying them the chance to reform”.833John Paul II, Encyclical Letter Evangelium Vitae, 27: AAS 87 (1995), 432. Whereas, presuming the full ascertainment of the identity and responsibility of the guilty party, the traditional teaching of the Church does not exclude the death penalty “when this is the only practicable way to defend the lives of human beings effectively against the aggressor”.834Catechism of the Catholic Church, 2267. Bloodless methods of deterrence and punishment are preferred as “they better correspond to the concrete conditions of the common good and are more in conformity to the dignity of the human person”.835Catechism of the Catholic Church, 2267. The growing number of countries adopting provisions to abolish the death penalty or suspend its application is also proof of the fact that cases in which it is absolutely necessary to execute the offender “are very rare, if not practically non-existent”.836John Paul II, Encyclical Letter Evangelium Vitae, 56: AAS 87 (1995), 464; cf. also John Paul II, Message for the 2001 World Day of Peace, 19: AAS 93 (2001), 244, where recourse to the death penalty is described as “unnecessary”. The growing aversion of public opinion towards the death penalty and the various provisions aimed at abolishing it or suspending its application constitute visible manifestations of a heightened moral awareness.