Capital punishment

Capital punishment, also known as the death penalty, is a government-sanctioned practice whereby a person is killed by the state as a punishment for a crime. The sentence that someone be punished in such a manner is referred to as a death sentence, whereas the act of carrying out the sentence is known as an execution. Crimes that are punishable by death are known as capital crimes or capital offences, and they commonly include offences such as murder, treason, espionage, war crimes, crimes against humanity and genocide. Etymologically, the term capital (lit. "of the head", derived via the Latin capitalis from caput, "head") in this context alluded to execution by beheading.[1]

Fifty-six countries retain capital punishment, 103 countries have completely abolished it de jure for all crimes, six have abolished it for ordinary crimes (while maintaining it for special circumstances such as war crimes), and 30 are abolitionist in practice.[2]

Capital punishment is a matter of active controversy in several countries and states, and positions can vary within a single political ideology or cultural region. In the European Union, Article 2 of the Charter of Fundamental Rights of the European Union prohibits the use of capital punishment.[3] The Council of Europe, which has 47 member states, has sought to abolish the use of the death penalty by its members absolutely, through Protocol 13 of the European Convention on Human Rights. However, this only affects those member states which have signed and ratified it, and they do not include Armenia, Russia, and Azerbaijan.

The United Nations General Assembly has adopted, in 2007, 2008, 2010, 2012 and 2014,[4] non-binding resolutions calling for a global moratorium on executions, with a view to eventual abolition.[5] Although most nations have abolished capital punishment, over 60% of the world's population live in countries where the death penalty is retained, such as China, India, the United States, Indonesia, Pakistan, Bangladesh, Japan and Sri Lanka.[6][7][8][9][10]

History

Anarchist Auguste Vaillant guillotined in France in 1894

Execution of criminals has been used by nearly all societies since the beginning of civilizations on Earth.[11] Until the nineteenth century without developed prison systems, there was frequently no workable alternative to insure deterrence and incapacitation of criminals.[12] The executions themselves often involved torture with cruel methods such as the breaking wheel.

The use of formal execution extends to the beginning of recorded history. Most historical records and various primitive tribal practices indicate that the death penalty was a part of their justice system. Communal punishment for wrongdoing generally included compensation by the wrongdoer, corporal punishment, shunning, banishment and execution. Usually, compensation and shunning were enough as a form of justice.[13] The response to crime committed by neighbouring tribes or communities included a formal apology, compensation or blood feuds.

A blood feud or vendetta occurs when arbitration between families or tribes fails or an arbitration system is non-existent. This form of justice was common before the emergence of an arbitration system based on state or organized religion. It may result from crime, land disputes or a code of honour. "Acts of retaliation underscore the ability of the social collective to defend itself and demonstrate to enemies (as well as potential allies) that injury to property, rights, or the person will not go unpunished."[14] However, in practice, it is often difficult to distinguish between a war of vendetta and one of conquest.

In most countries that practise capital punishment it is now reserved for murder, terrorism, war crimes, espionage, treason, or as part of military justice. In some countries sexual crimes, such as rape, fornication, adultery, incest and sodomy, carry the death penalty, as do religious crimes such as Hudud and Qisas crimes, such as apostasy (formal renunciation of the state religion), blasphemy, moharebeh, hirabah, Fasad, Mofsed-e-filarz and witchcraft. In many countries that use the death penalty, drug trafficking is also a capital offence. In China, human trafficking and serious cases of corruption and financial crimes are punished by the death penalty. In militaries around the world courts-martial have imposed death sentences for offences such as cowardice, desertion, insubordination, and mutiny.[15]

Ancient history

The Christian Martyrs' Last Prayer, by Jean-Léon Gérôme (1883). Roman Colosseum.

Elaborations of tribal arbitration of feuds included peace settlements often done in a religious context and compensation system. Compensation was based on the principle of substitution which might include material (for example, cattle, slave) compensation, exchange of brides or grooms, or payment of the blood debt. Settlement rules could allow for animal blood to replace human blood, or transfers of property or blood money or in some case an offer of a person for execution. The person offered for execution did not have to be an original perpetrator of the crime because the system was based on tribes, not individuals. Blood feuds could be regulated at meetings, such as the Norsemen things.[16] Systems deriving from blood feuds may survive alongside more advanced legal systems or be given recognition by courts (for example, trial by combat). One of the more modern refinements of the blood feud is the duel.

In certain parts of the world, nations in the form of ancient republics, monarchies or tribal oligarchies emerged. These nations were often united by common linguistic, religious or family ties. Moreover, expansion of these nations often occurred by conquest of neighbouring tribes or nations. Consequently, various classes of royalty, nobility, various commoners and slave emerged. Accordingly, the systems of tribal arbitration were submerged into a more unified system of justice which formalized the relation between the different "classes" rather than "tribes". The earliest and most famous example is Code of Hammurabi which set the different punishment and compensation, according to the different class/group of victims and perpetrators. The Torah (Jewish Law), also known as the Pentateuch (the first five books of the Christian Old Testament), lays down the death penalty for murder, kidnapping, magic, violation of the Sabbath, blasphemy, and a wide range of sexual crimes, although evidence suggests that actual executions were rare.[17]

A further example comes from Ancient Greece, where the Athenian legal system was first written down by Draco in about 621 BC: the death penalty was applied for a particularly wide range of crimes, though Solon later repealed Draco's code and published new laws, retaining only Draco's homicide statutes.[18] The word draconian derives from Draco's laws. The Romans also used death penalty for a wide range of offences.[19]

Tang dynasty

Although many are executed in the People's Republic of China each year in the present day, there was a time in the Tang dynasty (618–907) when the death penalty was abolished.[20] This was in the year 747, enacted by Emperor Xuanzong of Tang (r. 712–756). When abolishing the death penalty Xuanzong ordered his officials to refer to the nearest regulation by analogy when sentencing those found guilty of crimes for which the prescribed punishment was execution. Thus depending on the severity of the crime a punishment of severe scourging with the thick rod or of exile to the remote Lingnan region might take the place of capital punishment. However, the death penalty was restored only 12 years later in 759 in response to the An Lushan Rebellion.[21] At this time in the Tang dynasty only the emperor had the authority to sentence criminals to execution. Under Xuanzong capital punishment was relatively infrequent, with only 24 executions in the year 730 and 58 executions in the year 736.[20]

Ling Chi – execution by slow slicing – was a form of torture and execution used in China from roughly AD 900 (Tang era) until it was banned in 1905

The two most common forms of execution in the Tang dynasty were strangulation and decapitation, which were the prescribed methods of execution for 144 and 89 offences respectively. Strangulation was the prescribed sentence for lodging an accusation against one's parents or grandparents with a magistrate, scheming to kidnap a person and sell them into slavery and opening a coffin while desecrating a tomb. Decapitation was the method of execution prescribed for more serious crimes such as treason and sedition. Despite the great discomfort involved, most of the Tang Chinese preferred strangulation to decapitation, as a result of the traditional Tang Chinese belief that the body is a gift from the parents and that it is, therefore, disrespectful to one's ancestors to die without returning one's body to the grave intact.

Some further forms of capital punishment were practised in the Tang dynasty, of which the first two that follow at least were extralegal.[clarification needed] The first of these was scourging to death with the thick rod[clarification needed] which was common throughout the Tang dynasty especially in cases of gross corruption. The second was truncation, in which the convicted person was cut in two at the waist with a fodder knife and then left to bleed to death.[22] A further form of execution called Ling Chi (slow slicing), or death by/of a thousand cuts, was used from the close of the Tang dynasty (around 900) to its abolition in 1905.

When a minister of the fifth grade or above received a death sentence the emperor might grant him a special dispensation allowing him to commit suicide in lieu of execution. Even when this privilege was not granted, the law required that the condemned minister be provided with food and ale by his keepers and transported to the execution ground in a cart rather than having to walk there.

Nearly all executions under the Tang dynasty took place in public as a warning to the population. The heads of the executed were displayed on poles or spears. When local authorities decapitated a convicted criminal, the head was boxed and sent to the capital as proof of identity and that the execution had taken place.[22]

Middle Ages

The burning of Jakob Rohrbach, a leader of the peasants during the German Peasants' War.
The breaking wheel was used during the Middle Ages and was still in use into the 19th century.

In medieval and early modern Europe, before the development of modern prison systems, the death penalty was also used as a generalized form of punishment. During the reign of Henry VIII of England, as many as 72,000 people are estimated to have been executed.[23]

In early modern Europe, a massive moral panic regarding witchcraft swept across Europe and later the European colonies in North America. During this period, there were widespread claims that malevolent Satanic witches were operating as an organized threat to Christendom. As a result, tens of thousands of women were prosecuted for witchcraft and executed through the witch trials of the early modern period (between the 15th and 18th centuries).

The death penalty also targeted sexual offences such as sodomy. In England, the Buggery Act 1533 stipulated hanging as punishment for "buggery". James Pratt and John Smith were the last two Englishmen to be executed for sodomy in 1835.[24]

Despite the wide use of the death penalty, calls for reform were not unknown. The 12th century Jewish legal scholar, Moses Maimonides, wrote, "It is better and more satisfactory to acquit a thousand guilty persons than to put a single innocent man to death." He argued that executing an accused criminal on anything less than absolute certainty would lead to a slippery slope of decreasing burdens of proof, until we would be convicting merely "according to the judge's caprice". Maimonides's concern was maintaining popular respect for law, and he saw errors of commission as much more threatening than errors of omission.[25]

The Abbasid Caliphs in Baghdad, such as Al-Mu'tadid, were often cruel in their punishments.[26][page needed]

Modern era

Antiporta of Dei delitti e delle pene (On Crimes and Punishments), 1766 ed.

In the last several centuries, with the emergence of modern nation states, justice came to be increasingly associated with the concept of natural and legal rights. The period saw an increase in standing police forces and permanent penitential institutions. Rational choice theory, a utilitarian approach to criminology which justifies punishment as a form of deterrence as opposed to retribution, can be traced back to Cesare Beccaria, whose influential treatise On Crimes and Punishments (1764) was the first detailed analysis of capital punishment to demand the abolition of the death penalty.[27][28] Jeremy Bentham, regarded as the founder of modern utilitarianism, also called for the abolition of the death penalty.[29] Beccaria, and later Charles Dickens and Karl Marx noted the incidence of increased violent criminality at the times and places of executions. Official recognition of this phenomenon led to executions being carried out inside prisons, away from public view.

In England in the 18th century, when there was no police force, there was a large increase in the number of capital offences to more than 200. These were mainly property offences, for example cutting down a cherry tree in an orchard.[30] In 1820, there were 160, including crimes such as shoplifting, petty theft or stealing cattle.[31] The severity of the so-called Bloody Code was often tempered by juries who refused to convict, or judges, in the case of petty theft, who arbitrarily set the value stolen at below the statutory level for a capital crime.[32]

20th century

Mexican execution by firing squad, 1916

In Nazi Germany there were three types of capital punishment; hanging, decapitation and death by shooting.[33] Also, modern military organisations employed capital punishment as a means of maintaining military discipline. In the past, cowardice, absence without leave, desertion, insubordination, looting, shirking under enemy fire and disobeying orders were often crimes punishable by death (see decimation and running the gauntlet). One method of execution, since firearms came into common use, has also been firing squad, although some countries use execution with a single shot to the head or neck.

50 Poles tried and sentenced to death by a Standgericht in retaliation for the assassination of 1 German policeman in Nazi-occupied Poland, 1944
Lithuanian President Antanas Smetona's regime was the first in Europe to sentence Nazis and Communists to death; both were seen as a threat to the Independence of Lithuania.[34]

Various authoritarian states—for example those with fascist or Communist governments—employed the death penalty as a potent means of political oppression. According to Robert Conquest, the leading expert on Joseph Stalin's purges, more than one million Soviet citizens were executed during the Great Terror of 1937–38, almost all by a bullet to the back of the head.[35] Mao Zedong publicly stated that "800,000" people had been executed in China during the Cultural Revolution (1966-1976). Partly as a response to such excesses, civil rights organizations started to place increasing emphasis on the concept of human rights and an abolition of the death penalty.

Contemporary era

Among countries around the world, all European (except Belarus) and many Oceanic states (including Australia, New Zealand and East Timor), and Canada have abolished capital punishment. In Latin America, most states have completely abolished the use of capital punishment, while some countries such as Brazil and Guatemala allow for capital punishment only in exceptional situations, such as treason committed during wartime. The United States (the federal government and 31 of the states), some Caribbean countries and the majority of countries in Asia (for example, Japan and India) retain capital punishment. In Africa, less than half of countries retain it, for example Botswana and Zambia. South Africa abolished the death penalty in 1995.

Abolition was often adopted due to political change, as when countries shifted from authoritarianism to democracy, or when it became an entry condition for the European Union. The United States is a notable exception: some states have had bans on capital punishment for decades, the earliest being Michigan where it was abolished in 1846, while other states still actively use it today. The death penalty in the United States remains a contentious issue which is hotly debated.

In retentionist countries, the debate is sometimes revived when a miscarriage of justice has occurred though this tends to cause legislative efforts to improve the judicial process rather than to abolish the death penalty. In abolitionist countries, the debate is sometimes revived by particularly brutal murders though few countries have brought it back after abolishing it. However, a spike in serious, violent crimes, such as murders or terrorist attacks, has prompted some countries to effectively end the moratorium on the death penalty. One notable example is Pakistan which in December 2014 lifted a six-year moratorium on executions after the Peshawar school massacre during which 132 students and 9 members of staff of the Army Public School and Degree College Peshawar were killed by Taliban terrorists. Since then, Pakistan has executed over 400 convicts.[36]

In 2017 two major countries, Turkey and the Philippines, saw their executives making moves to reinstate the death penalty.[37][38] As of March 2017, passage of the law in the Philippines awaits the Senate's approval.[38]

Other Languages
Afrikaans: Doodstraf
Alemannisch: Todesstrafe
aragonés: Pena de muerte
asturianu: Pena de muerte
azərbaycanca: Ölüm hökmü
Bân-lâm-gú: Sí-hêng
башҡортса: Үлем язаһы
беларуская (тарашкевіца)‎: Сьмяротная кара
bosanski: Smrtna kazna
brezhoneg: Kastiz ar marv
català: Pena de mort
čeština: Trest smrti
Cymraeg: Y gosb eithaf
dansk: Dødsstraf
Deutsch: Todesstrafe
Ελληνικά: Θανατική ποινή
español: Pena de muerte
Esperanto: Mortpuno
estremeñu: Pena de Muerti
فارسی: اعدام
Fiji Hindi: Capital punishment
føroyskt: Deyðarevsing
français: Peine de mort
Frysk: Deastraf
хальмг: Толһан цааҗ
한국어: 사형
հայերեն: Մահապատիժ
हिन्दी: मृत्युदंड
hrvatski: Smrtna kazna
Bahasa Indonesia: Hukuman mati
íslenska: Dauðarefsing
italiano: Pena di morte
עברית: עונש מוות
ಕನ್ನಡ: ಮರಣದಂಡನೆ
къарачай-малкъар: Асмакъ
қазақша: Өлім жазасы
Kiswahili: Adhabu ya kifo
Кыргызча: Өлүм жазасы
latviešu: Nāvessods
Lëtzebuergesch: Doudesstrof
lietuvių: Mirties bausmė
Limburgs: Doeadstraof
lumbaart: Pena de mort
македонски: Смртна казна
മലയാളം: വധശിക്ഷ
მარგალური: ღურათ საჯება
مصرى: اعدام
Bahasa Melayu: Hukuman mati
မြန်မာဘာသာ: သေဒဏ်
Nederlands: Doodstraf
日本語: 死刑
norsk nynorsk: Dødsstraff
occitan: Pena de mòrt
oʻzbekcha/ўзбекча: Oʻlim jazosi
ਪੰਜਾਬੀ: ਮੌਤ ਦੀ ਸਜ਼ਾ
پنجابی: سزائے موت
Piemontèis: Pen-a ëd mòrt
português: Pena de morte
Runa Simi: Wañuy wanay
русиньскый: Смертна кара
sicilianu: Pena di morti
Simple English: Death penalty
slovenčina: Trest smrti
slovenščina: Smrtna kazen
کوردی: سزای مەرگ
српски / srpski: Смртна казна
srpskohrvatski / српскохрватски: Smrtna kazna
svenska: Dödsstraff
татарча/tatarça: Үлем җәзасы
తెలుగు: మరణశిక్ష
тоҷикӣ: Ҷазои қатл
Türkçe: Ölüm cezası
українська: Смертна кара
vèneto: Pena de morte
Tiếng Việt: Tử hình
文言: 死刑
West-Vlams: Dôodstraffe
吴语: 死刑
ייִדיש: טויטשטראף
粵語: 死刑
Zazaki: İdam
žemaitėška: Smertėis bausmie
中文: 死刑
Kabɩyɛ: Peine capitale