Expert: Michael Clark, Ph.D. - 2/12/2004

Question
Hello Michael,


Maybe you can bring clarity to this issue.  I undertsand, for example, that the Church declares that a premeditated deliberate abortion is (most of the time) murder.  YET, no civil penalties exist today in America for this crime, AND even if they did exist, like pornography, or homosexual acts, adultery (...for a few), they likely would still go unpunished - no incarceration,decriminalized. Where is justice?  

How does one balance the CCC instructions of fair civil punishment with the reality that the same person can go to Confession and recieve no punishment from God?  AND the fact that no justice or punishmentnet for certain crimes will ever occur (i.e.:  a deliberate premeditated abortion is considered murder by the Church.  Most states have no statutes of limitations on the prosecution of murder; yet, even if abortion is made illegal, there will most likely not be prosecutions of abortion, since many people will do it regardless if it is legal or illegal, nor culd the state lock up 50 million people).  

Also, if a person becomes a Priest and let's say he was criminal all his life (i.e., a member of the Mafia), does not the civil authority still have the legitimate right to prosecute - in the name of justice?  Afterall, the statutes of limitations does not run out, even if one converts or enetrs a Seminary.  AND do not the police still have obligations to fulfill their duities?

A better example would be:  known homosexuals who have committed sodomy and then convert.  Well, in most states they are 10 year felonies and the statute of limitations on prosecution can be up to 15 years or more.


It seems to me that the Church says one can be forgiven all thier sins and God can even remove temporal punishment, yet at the same time it wants to enact civil laws in conformity with the natural laws and also wants punishments to fit the crime?  How can this be?

I thought there still must be responsibility for one's actions, regardless of a sincere Confession?
AND if that is so, why shouldn't a Catholic, in the name of justice, seek prosecution of known converts who have committed criminal acts?  One can easily run to the Church and claim immunity after a life of sin, yet what if every body thought like this?  


Thank you,



Paul  

Answer
Paul, we cannot escape God's justice. Even if forgiven in confession, we still undergo contrition. It is during this time that the penitent soul is taught by God why a given action was harmful. We have to remember that God is pure Love and therefore about mercy. God wants to purify us so we can enjoy heaven. If a terrible crime seems to go unpunished in this world, it's not as if that person can escape the eye of God. They will be taught why their action was wrong, either in this life or the next.

But to focus on the particulars of your question, the relationship between civil punishment and divine punishment is an incredibly complicated issue. As you know, the historical trend has been towards a separation of Church and State. Of course, it wasn't always like this. But I am afraid the complexities of this issue are too great for me to treat adequately. If you are interested, I strongly suggest a book by John Milbank called "Theology and Social Theory." There you might find some of the answers that you seek.

http://www.blackwellpublishing.com/book.asp?ref=0631189483&site=1

Hopefully you will be able to find it in a major reference library.