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Answered by Colin B. Donovan, STL on EWTN:Capital punishment is the right of the state. This is the principle taught by the Church. The Pope does not deny it, but neither St. Thomas or any Magisterial text presumes this gives the state an unlimited right to make capital laws and carry them out. It is inherent in a just capital punishment law that there be proportion between the taking of the life of the criminal and the benefit expected to the common good. A law, for example, that takes no account of factors such as repentance, mental age and so on is unjust. States have executed the mentally retarded, who could be of no conceivable future threat to society, and in one case a woman whose evident conversion even the state admitted. Thus, the Catechism of the Catholic Churchstates:2267 Assuming that the guilty party's identity and responsibility have been fully determined, the traditional teaching of the Church does not exclude recourse to the death penalty, if this is the only possible way of effectively defending human lives against an unjust aggressor.

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