Capital Punishment

capital punishment, imposition of a penalty of death by the state.

History

Capital punishment was widely applied in ancient times; it can be found (c.1750 BC) in the Code of Hammurabi. From the fall of Rome to the beginnings of the modern era, capital punishment was practiced throughout Western Europe. The modern movement for the abolition of capital punishment began in the 18th cent. with the writings of Montesquieu and Voltaire, as well as Cesare Beccaria's Essay on Crimes and Punishments (1764). In Great Britain, Jeremy Bentham was influential in having the number of capital crimes reduced in the 18th and 19th cent. Some of the first countries to abolish capital punishment included Venezuela (1863), San Marino (1865), and Costa Rica (1877).

Current International Practice

As of 2012, 97 countries had entirely abolished the death penalty, including the members of the European Union. Some other countries retained capital punishment only for treason and war crimes, while in several dozen others, death remained a penalty at law, though in practice there had not been any executions for decades. Among countries that retained the death penalty for ordinary crimes were many in the Caribbean, Africa, and Asia. China and Iran were believed to impose capital punishment most frequently.

In the United States

Since the 1970s almost all capital sentences in the United States have been imposed for homicide. There has been intense debate regarding the constitutionality, effect, and humanity of capital punishment; critics charge that executions are carried out inconsistently, or, more broadly, that they violate the "cruel and unusual punishment" provision of the Eighth Amendment. Supporters of the death penalty counter that this clause was not intended to prohibit executions. In the 1972 case of Furman v. Georgia, the U.S. Supreme Court ruled that capital punishment as then practiced was unconstitutional, because it was applied disproportionately to certain classes of defendants, notably those who were black or poor. This ruling voided the federal and state death penalty laws then in effect but left the way open for Congress or state legislatures to enact new capital punishment laws, a process that began almost immediately.

In Gregg v. Georgia (1976), the court allowed capital punishment to resume in certain states; in 1977, Gary Gilmore, executed by a firing squad in Utah, became the first to die under the new laws. Today, 32 states and the federal government and military have the death penalty. In 1982, Texas became the first state to execute a prisoner using lethal injection; most executions now employ this method. By 2006, however, concerns over evidence suggesting that some persons had experienced extremely painful executions due to the poor administration of the standard three-drug procedure for lethal injections led several courts to review how the injections were conducted and set stricter standards for them. In 2008 the Supreme Court rejected a challenge to the constitutionality of the three-drug method for lethal injections on the grounds that it could cause extreme pain, but an execution in Oklahoma in 2014 (using a new drug combination) resulted in a widely publicized painful death. The gas chamber, hanging, the firing squad, and, most commonly, the electric chair are still used in some states; Florida's electrocutions, however, were heavily criticized following several grisly malfunctions, and in 2008 Nebraska's supreme court declared the electric chair to be cruel and unusual punishment. Texas leads all other states in the number of executions carried out, although it imposes the death penalty in murder cases less often than the national average.

In recent years, the Supreme Court has made it more difficult for death-row prisoners to file appeals, but it also sometimes has overturned death sentences or restricted their imposition. In 1988 the Court barred the execution of juveniles who were younger that 16 when they committed a crime; a 2005 decision extended this to offenders under the age of 18. In 2002 the Court barred the execution of mentally retarded offenders, overturning its 1989 ruling on the matter. Also in the same year the Court ruled that the death penalty must be imposed through a finding of a jury and not a judge. Since 2000, the number of death sentences imposed in the United States and the number of executions has declined; in many cases, a life sentence without parole is imposed instead of a death sentence.

Studies continue to show disparities in the imposition of capital punishment (it is most likely to be imposed if the victim was white and the defendant is black, but is least likely to be imposed if both victim and defendant are black), and criticism of the practice in the United States and abroad has been increasing markedly. The use of DNA fingerprinting to exonerate persons falsely convicted of rape and other crimes also has led to calls, in some instances by supporters of the death penalty, for the reexamination of the use of an ultimately irreversible sentence, and several states have appointed commissions to examine the issue. In 2002, in a surprising and controversial move, Illinois governor George Ryan commuted the sentences of all the state's death row inmates, saying that conviction errors and unfair imposition make capital punishment "arbitrary and capricious."

Bibliography

See studies by W. Berns (1981), H. A. Bedau, ed. (1982), R. Berger (1982), F. Zimring and G. Hawkins (1987), R. Hood (1989), J. Jackson (1996), I. Solotaroff (2001), J. Jackson, Sr., et al. (2001), F. R. Baumgartner et al. (2008), D. Garland (2010), B. Jackson and D. Christian (2012), and E. J. Mandery (2013).

The Columbia Encyclopedia, 6th ed. Copyright© 2014, The Columbia University Press.

Selected full-text books and articles on this topic

Capital Punishment: A Century of Discontinuous Debate
Steiker, Carol S.; Steiker, Jordan M.
Journal of Criminal Law and Criminology, Vol. 100, No. 3, Summer 2010
Debating the Death Penalty: Should America Have Capital Punishment? The Experts on Both Sides Make Their Best Case
Hugo Adam Bedau; Paul G. Cassell.
Oxford University Press, 2004
Gruesome Spectacles: Botched Executions and America's Death Penalty
Austin Sarat; Katherine Blumstein; Aubrey Jones; Heather Richard; Madeline Sprung-Keyser.
Stanford Law Books, 2014
The Road to Abolition? The Future of Capital Punishment in the United States
Charles J. Ogletree; Austin Sarat.
New York University Press, 2009
Killing McVeigh: The Death Penalty and the Myth of Closure
Jody Lyneé Madeira.
New York University Press, 2012
Death by Design: Capital Punishment as Social Psychological System
Craig Haney.
Oxford University Press, 2005
Furman v. Georgia: Debating the Death Penalty
Furman V. Georgia.
Marshall Cavendish Benchmark, 2007
Arbitrary and Capricious: The Supreme Court, the Constitution, and the Death Penalty
Michael A. Foley.
Praeger, 2003
Lethal Injection: Constitutional Method of Execution or Cruel and Unsual Punishment?
Chew, Amanda.
International Journal of Punishment and Sentencing, Vol. 6, No. 1, April 2010
The Racial Geography of the Federal Death Penalty
Cohen, G. Ben; Smith, Robert J.
Washington Law Review, Vol. 85, No. 3, August 2010
Public Opinion and the Death Penalty: A Qualitative Approach
Falco, Diana L.; Freiburger, Tina L.
The Qualitative Report, Vol. 16, No. 3, May 2011
PEER-REVIEWED PERIODICAL
Peer-reviewed publications on Questia are publications containing articles which were subject to evaluation for accuracy and substance by professional peers of the article's author(s).
In the Shadow of Death: Restorative Justice and Death Row Families
Elizabeth Beck; Sarah Britto; Arlene Andrews.
Oxford University Press, 2007
Mercy on Trial: What It Means to Stop An Execution
Austin Sarat.
Princeton University Press, 2007
The Contradictions of American Capital Punishment
Franklin E. Zimring.
Oxford University Press, 2003
Capital Punishment in the United States: A Documentary History
Bryan Vila; Cynthia Morris.
Greenwood Press, 1997
Changing Views toward the Death Penalty? the Intersecting Impact of Race and Gender on Attitudes, 1974-2006*
Dotson, Hilary; Carter, J. Scott.
Justice System Journal, Vol. 33, No. 1, January 1, 2012
PEER-REVIEWED PERIODICAL
Peer-reviewed publications on Questia are publications containing articles which were subject to evaluation for accuracy and substance by professional peers of the article's author(s).
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