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This documentary examines the historic use of the death penalty/capital punishment throughout the world.---Capital punishment, also known as the death penalt...
- 59 min
- 29.8K
- Dope Cat
Join LDF's Director of Litigation, Sam Spital, to learn about America's history with the #deathpenalty and how capital punishment is a racial justice issue.
- 4 min
- 2.7K
- The Legal Defense Fund
Unraveling Capital Punishment: A Comprehensive Guide • Delve into the intricate world of capital punishment with this comprehensive guide. Explore the histor...
- Overview
- Historical considerations
capital punishment, execution of an offender sentenced to death after conviction by a court of law of a criminal offense. Capital punishment should be distinguished from extrajudicial executions carried out without due process of law. The term death penalty is sometimes used interchangeably with capital punishment, though imposition of the penalty ...
Capital punishment for murder, treason, arson, and rape was widely employed in ancient Greece under the laws of Draco (fl. 7th century bce), though Plato argued that it should be used only for the incorrigible. The Romans also used it for a wide range of offenses, though citizens were exempted for a short time during the republic. It also has been sanctioned at one time or another by most of the world’s major religions. Followers of Judaism and Christianity, for example, have claimed to find justification for capital punishment in the biblical passage “Whosoever sheddeth man’s blood, by man shall his blood be shed” (Genesis 9:6). Yet capital punishment has been prescribed for many crimes not involving loss of life, including adultery and blasphemy. The ancient legal principle Lex talionis (talion)—“an eye for an eye, a tooth for a tooth, a life for a life”—which appears in the Babylonian Code of Hammurabi, was invoked in some societies to ensure that capital punishment was not disproportionately applied.
The prevalence of capital punishment in ancient times is difficult to ascertain precisely, but it seems likely that it was often avoided, sometimes by the alternative of banishment and sometimes by payment of compensation. For example, it was customary during Japan’s peaceful Heian period (794–1185) for the emperor to commute every death sentence and replace it with deportation to a remote area, though executions were reinstated once civil war broke out in the mid-11th century.
In Islamic law, as expressed in the Qurʾān, capital punishment is condoned. Although the Qurʾān prescribes the death penalty for several ḥadd (fixed) crimes—including robbery, adultery, and apostasy of Islam—murder is not among them. Instead, murder is treated as a civil crime and is covered by the law of qiṣās (retaliation), whereby the relatives of the victim decide whether the offender is punished with death by the authorities or made to pay diyah (wergild) as compensation.
Death was formerly the penalty for a large number of offenses in England during the 17th and 18th centuries, but it was never applied as widely as the law provided. As in other countries, many offenders who committed capital crimes escaped the death penalty, either because juries or courts would not convict them or because they were pardoned, usually on condition that they agreed to banishment; some were sentenced to the lesser punishment of transportation to the then American colonies and later to Australia. Beginning in the Middle Ages, it was possible for offenders guilty of capital offenses to receive benefit of clergy, by which those who could prove that they were ordained priests (clerks in Holy Orders) as well as secular clerks who assisted in divine service (or, from 1547, a peer of the realm) were allowed to go free, though it remained within the judge’s power to sentence them to prison for up to a year, or from 1717 onward to transportation for seven years. Because during medieval times the only proof of ordination was literacy, it became customary between the 15th and 18th centuries to allow anyone convicted of a felony to escape the death sentence by proving that he (the privilege was extended to women in 1629) could read. Until 1705, all he had to do was read (or recite) the first verse from Psalm 51 of the Bible—“Have mercy on me, O God, according to your steadfast love; according to your abundant mercy blot out my transgressions”—which came to be known as the “neck verse” (for its power to save one’s neck). To ensure that an offender could escape death only once through benefit of clergy, he was branded on the brawn of the thumb (M for murder or T for theft). Branding was abolished in 1779, and benefit of clergy ceased in 1827.
From ancient times until well into the 19th century, many societies administered exceptionally cruel forms of capital punishment. In Rome the condemned were hurled from the Tarpeian Rock (see Tarpeia); for parricide they were drowned in a sealed bag with a dog, cock, ape, and viper; and still others were executed by forced gladiatorial combat or by crucifixion. Executions in ancient China were carried out by many painful methods, such as sawing the condemned in half, flaying him while still alive, and boiling. Cruel forms of execution in Europe included “breaking” on the wheel, boiling in oil, burning at the stake, decapitation by the guillotine or an axe, hanging, drawing and quartering, and drowning. Although by the end of the 20th century many jurisdictions (e.g., nearly every U.S. state that employs the death penalty, Guatemala, the Philippines, Taiwan, and some Chinese provinces) had adopted lethal injection, offenders continued to be beheaded in Saudi Arabia and occasionally stoned to death (for adultery) in Iran and Sudan. Other methods of execution were electrocution, gassing, and the firing squad.
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- Roger Hood
- Why does Amnesty International oppose the death penalty? The death penalty violates the most fundamental human right – the right to life. It is the ultimate cruel, inhuman and degrading punishment.
- Don’t victims of violent crime and their families have a right to justice? They do. Those who have lost loved ones in terrible crimes have a right to see the person responsible held to account in a fair trial without recourse to the death penalty.
- If you kill someone else, don’t you deserve to die, too – “an eye for an eye”? No. Executing someone because they’ve taken someone’s life is revenge, not justice.
- Doesn’t the death penalty prevent crime? Not according to the research. There is no credible evidence that the death penalty deters crime more effectively than a prison term.
Amnesty International opposes capital punishment in all cases, regardless of the offender’s characteristics, crime, or method of execution. The death penalty violates the right to life and the right not to be subject to cruel or inhumane treatment or punishment.
People also ask
What is capital punishment & how does it work?
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Feb 28, 2019 · Capital punishment is a form of punishment for the committing of a crime. Specifically, capital punishment refers to the death penalty, or the sentencing of an individual to death for a capital crime. While the prisoner is still in prison but awaiting execution, he is on “death row.”
