Definition and Methods of Capital Punishment
– Capital punishment is the state-sanctioned practice of killing a person as a punishment for a crime.
– It follows an authorized, rule-governed process to determine the person’s responsibility for violating punishable norms.
– The sentence ordering the punishment is known as a death sentence.
– The act of carrying out the punishment is known as an execution.
– Various methods are used for executions, including beheading, hanging, shooting, lethal injection, stoning, electrocution, and gassing.
Capital Crimes and Offenses
– Crimes punishable by death are known as capital crimes or capital offenses.
– Capital crimes vary depending on the jurisdiction.
– They commonly include serious crimes against a person, such as assassination, mass murder, child murder, aggravated rape, terrorism, and war crimes.
– Crimes against the state, such as attempting to overthrow the government, treason, espionage, and piracy, can also be capital crimes.
– In some cases, acts of recidivism, aggravated robbery, kidnapping, drug trafficking, drug dealing, and drug possession are considered capital crimes.
Controversy and Ethical Perspectives
– Capital punishment is a controversial topic with differing views on its ethical permissibility.
– Many people, organizations, and religious groups hold differing views on the death penalty.
– Amnesty International declares that the death penalty breaches human rights, specifically the right to life and the right to live free from torture or cruel, inhuman, or degrading treatment or punishment.
– The Universal Declaration of Human Rights adopted by the United Nations in 1948 protects these rights.
– The European Union prohibits the use of capital punishment through Article 2 of the Charter of Fundamental Rights.
History of Capital Punishment
– Execution of criminals and dissidents has been practiced throughout history.
– In pre-modern times, executions often involved torture and painful methods.
– Tribal societies had communal punishments, including blood money compensation, corporal punishment, shunning, banishment, and execution.
– Blood feuds and vendettas were common in the absence of arbitration systems.
– Capital punishment is now mainly reserved for murder, terrorism, war crimes, espionage, treason, or military justice.
Historical Perspectives on Capital Punishment
– Ancient Republics, Monarchies, and Tribal Oligarchies:
– Nations united by common linguistic, religious, or family ties
– Expansion through conquest of neighboring tribes or nations
– Emergence of royalty, nobility, commoners, and slaves
– Tribal arbitration replaced by a more unified system of justice
– Code of Hammurabi and Torah/Old Testament as early examples
– Philosophical Views on the Death Penalty in Ancient Greece:
– Protagoras criticized revenge and saw death penalty as protection for society
– Plato viewed death penalty as a means of purification for crimes
– Aristotle believed in individual responsibility and compensation for crimes
– Philosophy aimed to protect society and compensate for consequences of crimes
– Western criminal law inspired by these philosophical views
– Death Penalty in Ancient Rome:
– Death penalty against Roman citizens was initially unusual and considered exceptional
– Alternative sentences ranged from reprimand to exile, torture, prison, and death
– Debate in Roman Senate regarding fate of Catilines allies, with majority supporting execution
– Different treatment for foreigners and slaves, with crucifixion as a widely practiced method
– Romans aimed for punishment, humiliation, and deterrence with crucifixion
– Death Penalty in Ancient China:
– Death penalty abolished during the Tang dynasty but restored 12 years later
– Emperor had the authority to sentence criminals to execution
– Strangulation and decapitation were common methods of execution
– Tang Chinese preferred strangulation over decapitation due to cultural beliefs
– Other forms of execution included scourging, truncation, and Ling Chi (slow slicing)
– Middle Ages:
– The breaking wheel was used as a form of punishment
– Death penalty was used for even minor offenses
– Witch trials led to the execution of tens of thousands of women
– Sodomy was punished with death, stoning, or burning alive
– Christians under Muslim rule faced religious discrimination and persecution Source: https://en.wikipedia.org/wiki/Capital_punishment
Capital punishment, also known as the death penalty and formerly called judicial homicide, is the state-sanctioned practice of killing a person as a punishment for a crime, usually following an authorised, rule-governed process to conclude that the person is responsible for violating norms that warrant said punishment. The sentence ordering that an offender be punished in such a manner is known as a death sentence, and the act of carrying out the sentence is known as an execution. A prisoner who has been sentenced to death and awaits execution is condemned and is commonly referred to as being "on death row". Etymologically, the term capital (lit. 'of the head', derived via the Latin capitalis from caput, "head") refers to execution by beheading, but executions are carried out by many methods, including hanging, shooting, lethal injection, stoning, electrocution, and gassing.
Crimes that are punishable by death are known as capital crimes, capital offences, or capital felonies, and vary depending on the jurisdiction, but commonly include serious crimes against a person, such as assassination, mass murder, child murder, aggravated rape, terrorism, aircraft hijacking, war crimes, crimes against humanity, and genocide, along with crimes against the state such as attempting to overthrow government, treason, espionage, sedition, and piracy. Also, in some cases, acts of recidivism, aggravated robbery, and kidnapping, in addition to drug trafficking, drug dealing, and drug possession, are capital crimes or enhancements. However, states have also imposed punitive executions, for an expansive range of conduct, for political or religious beliefs and practices, for a status beyond one's control, or without employing any significant due process procedures. Judicial murder is the intentional and premeditated killing of an innocent person by means of capital punishment. For example, the executions following the show trials in the Soviet Union during the Great Purge of 1936–1938 were an instrument of political repression.
As of late 2022, 53 countries retain capital punishment, 111 countries have completely abolished it de jure for all crimes, seven have abolished it for ordinary crimes (while maintaining it for special circumstances such as war crimes), and 24 are abolitionist in practice. Although the majority of 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, Singapore, Indonesia, Pakistan, Bangladesh, Nigeria, Egypt, Saudi Arabia, Iran, Japan, and Taiwan.
Capital punishment is controversial, with many people, organisations, and religious groups holding differing views on whether it is ethically permissible. Amnesty International declares that the death penalty breaches human rights, specifically "the right to life and the right to live free from torture or cruel, inhuman or degrading treatment or punishment." These rights are protected under the Universal Declaration of Human Rights, adopted by the United Nations in 1948. In the European Union (EU), Article 2 of the Charter of Fundamental Rights of the European Union prohibits the use of capital punishment. The Council of Europe, which has 46 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 and Azerbaijan. The United Nations General Assembly has adopted, throughout the years from 2007 to 2020, eight non-binding resolutions calling for a global moratorium on executions, with a view to eventual abolition.
