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NEW VOICES: Prominent Conservative Calls for Death Penalty Moratorium

By Death Penalty Information Center

Posted on Jul 02, 2009 | Updated on Sep 25, 2024

Richard A. Viguerie, who has been called one of the cre­ators of the mod­ern con­ser­v­a­tive move­ment” by The Nation mag­a­zine, recent­ly wrote an op-ed in which he dis­cuss­es how his con­ser­v­a­tive ide­ol­o­gy led him to oppose the death penal­ty and calls for a nation­al mora­to­ri­um on the death penal­ty. The fact is, I don’t under­stand why more con­ser­v­a­tives don’t oppose the death penal­ty,” writes Viguerie. He argues the stan­dard con­ser­v­a­tive posi­tion of sup­port for cap­i­tal pun­ish­ment clash­es with tra­di­tion­al con­ser­vatism, writ­ing that the death penal­ty is, after all, a sys­tem set up under laws estab­lished by politi­cians (too many of whom lack prin­ci­ples); enforced by pros­e­cu­tors (many of whom want to become politi­cians — per­haps a char­ac­ter flaw? — and who pre­fer wins over jus­tice); and adju­di­cat­ed by judges (too many of whom admin­is­ter per­son­al pref­er­ence rather than the law).” Viguerie con­tin­ues to argue that cap­i­tal pun­ish­ment goes against con­ser­v­a­tive val­ues, adding, Conservatives have every rea­son to believe the death penal­ty sys­tem is no dif­fer­ent from any politi­cized, cost­ly, inef­fi­cient, bureau­crat­ic, gov­ern­ment-run oper­a­tion, which we con­ser­v­a­tives know are rife with injus­tice.” The full piece may be read below:

When Governments Kill

A con­ser­v­a­tive argues for abol­ish­ing the death penalty.
by Richard A. Viguerie

On most pub­lic pol­i­cy mat­ters, Jim Wallis and I dis­agree. Both of us, how­ev­er, do believe that the death penal­ty should be abol­ished — although we may not agree on how that should be done.

I’m a Catholic. Because of my Christian faith, and because I am a fol­low­er of Jesus Christ, I oppose the death penal­ty. I’m a con­ser­v­a­tive as well, and because my polit­i­cal phi­los­o­phy rec­og­nizes that gov­ern­ment is too often used by humans for the wrong ends, I find it quite log­i­cal to oppose capital punishment.

I have been crit­i­cized by some con­ser­v­a­tives for my oppo­si­tion to the death penal­ty. On the oth­er hand, some con­ser­v­a­tives have told me they ques­tion cap­i­tal pun­ish­ment or even oppose it, but believe that the con­ser­v­a­tive posi­tion” is to sup­port it. Fortunately for me, even if some­one were to ques­tion my con­ser­v­a­tive bona fides (I’ve nev­er been called not con­ser­v­a­tive enough, trust me), I wouldn’t care.

The fact is, I don’t under­stand why more con­ser­v­a­tives don’t oppose the death penal­ty. It is, after all, a sys­tem set up under laws estab­lished by politi­cians (too many of whom lack prin­ci­ples); enforced by pros­e­cu­tors (many of whom want to become politi­cians — per­haps a char­ac­ter flaw? — and who pre­fer wins over jus­tice); and adju­di­cat­ed by judges (too many of whom admin­is­ter per­son­al pref­er­ence rather than the law).

Conservatives have every rea­son to believe the death penal­ty sys­tem is no dif­fer­ent from any politi­cized, cost­ly, inef­fi­cient, bureau­crat­ic, gov­ern­ment-run oper­a­tion, which we con­ser­v­a­tives know are rife with injus­tice. But here the end result is the end of someone’s life. In oth­er words, it’s a gov­ern­ment sys­tem that kills peo­ple.

Those of us who oppose abor­tion believe that it is per­haps the great­est immoral­i­ty to take an inno­cent life. While the death penal­ty is sup­posed to take the life of the guilty, we know that is not always the case. It should have shocked the con­sciences of con­ser­v­a­tives when var­i­ous gov­ern­ment pros­e­cu­tors with­held excul­pa­to­ry, or opposed allow­ing DNA-test­ed, evi­dence in death row cas­es. To con­ser­v­a­tives, that should be deemed as immoral as abortion.

The death penal­ty sys­tem is flawed and untrust­wor­thy because human insti­tu­tions always are. But even when guilt is cer­tain, there are many down­sides to the death penal­ty sys­tem. I’ve heard enough about the pain and suf­fer­ing of fam­i­lies of vic­tims caused by the long, drawn-out, and even intru­sive legal process. Perhaps, then, it’s time for America to re-exam­ine the death penal­ty sys­tem, whether it works, and whom it hurts.

On how soci­ety would ever get to the point of abol­ish­ing the death penal­ty, if it were to do that, I have my con­ser­v­a­tive views. It must be done in a way con­sis­tent with our con­sti­tu­tion­al sys­tem. That means it can­not be imposed by the courts or by the fed­er­al gov­ern­ment (except for fed­er­al cas­es). In my opin­ion, the Constitution does not grant the fed­er­al gov­ern­ment the author­i­ty to ban the death penal­ty in the states. That must be left to the people’s rep­re­sen­ta­tives in their respec­tive states, which also means that judges must not take it upon themselves.

This is why I am join­ing my friend Jim Wallis in a coali­tion of lib­er­als and con­ser­v­a­tives call­ing for a nation­al mora­to­ri­um and con­ver­sa­tion about the death penal­ty, so peo­ple can study, learn, think, pray if they wish, about whether or how the var­i­ous state death-penal­ty sys­tems should be changed. I hope you’ll join us.

Richard A. Viguerie has been called one of the cre­ators of the mod­ern con­ser­v­a­tive move­ment” by The Nation mag­a­zine.

(R. Viguerie, When Governments Kill,” Sojourners Magazine, July 2009). See New Voices and Religion.

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