Capital punishment

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Capital punishment
Issues
Debate · Religion and capital punishment · Wrongful execution
Current use
Belarus · China · Ecuador · Egypt · India · Iran · Iraq · Israel · Japan · Malaysia · Mongolia · North Korea · Pakistan · Russia · Saudi Arabia · Singapore · South Korea · Taiwan · Tonga · United States
Past use
Australia · Austria · Brazil · Bulgaria · Canada · Denmark · France · Germany · Italy · Mexico · Netherlands · New Zealand · Philippines · Poland · Portugal · Romania · San Marino · South Africa · Switzerland · Turkey · United Kingdom · Venezuela
Current methods
Decapitation · Electrocution · Firing squad · Gas chamber · Hanging · Lethal injection · Shooting · Stoning · Nitrogen asphyxiation (proposed)
Past methods
Boiling · Breaking wheel · Burning · Crucifixion · Crushing · Disembowelment · Dismemberment · Execution by elephant · Flaying · Impaling · Necklacing · Sawing · Slow slicing · Torture
Other related topics
Crime · Death row · Last meal · Penology
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Capital punishment, the death penalty, or execution is the infliction of death upon a person by judicial process as a punishment for an offence. Crimes that can result in a death penalty are known as capital crimes or capital offences. The term capital originates from Latin capitalis, literally "regarding the head" (Latin caput). Hence, a capital crime was originally one punished by the severing of the head from the body.

Capital punishment has in the past been practiced in virtually every society, although currently only 58 nations actively practice it, with 95 countries abolishing it (the remainder having not used it for 10 years or allowing it only in exceptional circumstances such as wartime).[1] It is a matter of active controversy in various countries and states, and positions can vary within a single political ideology or cultural region. In the European Union member states, Article 2 of the Charter of Fundamental Rights of the European Union prohibits the use of capital punishment.[2]

Today, most countries are considered by Amnesty International as abolitionist.[3] Amnesty International allowed a vote on a nonbinding resolution to the UN to promote the abolition of the death penalty.[4] However, over 60% of the world's population live in countries where executions take place, insofar as the four most populous countries in the world (the People's Republic of China, India, United States and Indonesia) apply the death penalty. All of them voted against the Resolution on a Moratorium on the Use of the Death Penalty at the UN General Assembly in 2008.[5][6][7][8][9][10][11][12][13]

Contents

History

Execution of criminals and political opponents has been used by nearly all societies—both to punish crime and to suppress political dissent. In most places that practice capital punishment it is reserved for murder, espionage, treason, or as part of military justice. In some countries sexual crimes, such as rape, adultery, incest and sodomy, carry the death penalty, as do religious crimes such as apostasy in Islamic nations (the formal renunciation of the state religion). In many countries that use the death penalty, drug trafficking is also a capital offense. In China, human trafficking and serious cases of corruption are punished by the death penalty. In militaries around the world courts-martial have imposed death sentences for offenses such as cowardice, desertion, insubordination, and mutiny.[14]

Anarchist Auguste Vaillant guillotined in France in 1894

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.[15] The response to crime committed by neighbouring tribes or communities included 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 organised 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."[16] However, in practice, it is often difficult to distinguish between a war of vendetta and one of conquest.

Severe historical penalties include breaking wheel, boiling to death, flaying, slow slicing, disembowelment, crucifixion, impalement, crushing (including crushing by elephant), stoning, execution by burning, dismemberment, sawing, decapitation, scaphism, necklacing or blowing from a gun.[17]

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 (e.g. 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 Viking things.[18] Systems deriving from blood feuds may survive alongside more advanced legal systems or be given recognition by courts (e.g. trial by combat). One of the more modern refinements of the blood feud is the duel.

Giovanni Battista Bugatti, executioner of the Papal States between 1796 and 1865, carried out 516 executions (Bugatti pictured offering snuff to a condemned prisoner). Vatican City abolished its capital punishment statute in 1969.

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 formalised 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.[19] 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.[20] The word draconian derives from Draco's laws. The Romans also used death penalty for a wide range of offenses.[21][22]

Islam on the whole accepts capital punishment.[23] The Abbasid Caliphs in Baghdad, such as Al-Mu'tadid, were often cruel in their punishments.[24] In the One Thousand and One Nights, also known as the Arabian Nights, the fictional storyteller Sheherazade is portrayed as being the "voice of sanity and mercy", with her philosophical position being generally opposed to punishment by death. She expresses this though several of her tales, including "The Merchant and the Jinni", "The Fisherman and the Jinni", "The Three Apples", and "The Hunchback".[25]

The breaking wheel was used during the Middle Ages and was still in use into the 19th century.

Similarly, in medieval and early modern Europe, before the development of modern prison systems, the death penalty was also used as a generalised form of punishment. During the reign of Henry VIII, as many as 72,000 people are estimated to have been executed.[26] In 18th century Britain there were 222 crimes which were punishable by death, including crimes such as cutting down a tree or stealing an animal.[27] Thanks to the notorious Bloody Code, 18th century (and early 19th century) Britain was a hazardous place to live. For example, Michael Hammond and his sister, Ann, whose ages were given as 7 and 11, were reportedly hanged at King's Lynn on Wednesday, September 28, 1708 for theft. The local press did not, however, consider the executions of two children newsworthy.[28]

Although many are executed in China each year in the present day, there was a time in Tang Dynasty China when the death penalty was abolished.[29] 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 twelve years later in 759 in response to the An Lushan Rebellion.[30] At this time in China 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.[29]

Ling Chi – execution by slow slicing – in Beijing around 1910.

The two most common forms of execution in China in the Tang period were strangulation and decapitation, which were the prescribed methods of execution for 144 and 89 offenses 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. Interestingly, and despite the great discomfort involved, most Chinese during the Tang preferred strangulation to decaptitation, as a result of the traditional 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 practiced in Tang China, of which the first two that follow at least were extralegal. The first of these was scourging to death with the thick rod which was common throughout the Tang 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.[31] A further form of execution called Ling Chi (slow slicing), or death by/of a thousand cuts, was used in China from the close of the Tang dynasty in roughly 900 CE 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 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.

In Tang China, when a person was sentenced to decapitation for rebellion or sedition, punishment was also imposed on their relatives, whether or not the relatives were guilty of participation in the crime. In such cases fathers of the convicted under 79 years of age and sons aged over 15 were strangled. Sons under 15, daughters, mothers, wives, concubines, grandfathers, grandsons, brothers and sisters were enslaved and uncles and nephews were banished to the remotest reaches of the empire. Sometimes the tombs of the family's ancestors were levelled, the ancestors' coffins were destroyed and their bones scattered.[31]

Mexican execution by firing squad, 1916

Despite its wide use, calls for reform were not unknown. The 12th century Sephardic 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." His concern was maintaining popular respect for law, and he saw errors of commission as much more threatening than errors of omission.

The last several centuries have seen the emergence of modern nation-states. Almost fundamental to the concept of nation state is the idea of citizenship. This caused justice to be increasingly associated with equality and universality, which in Europe saw an emergence of the concept of natural rights. Another important aspect is that emergence of standing police forces and permanent penitential institutions. The death penalty became an increasingly unnecessary deterrent in prevention of minor crimes such as theft. The argument that deterrence, rather than retribution, is the main justification for punishment is a hallmark of the rational choice theory and can be traced to Cesare Beccaria whose well-known treatise On Crimes and Punishments (1764), condemned torture and the death penalty and Jeremy Bentham who twice critiqued the death penalty.[32] Additionally, in countries like Britain, law enforcement officials became alarmed when juries tended to acquit non-violent felons rather than risk a conviction that could result in execution.[citation needed] Moving executions there inside prisons and away from public view was prompted by official recognition of the phenomenon reported first by Beccaria in Italy and later by Charles Dickens and Karl Marx of increased violent criminality at the times and places of executions.

Saint Nicholas of Myra seizes the executioner's sword in order to save at the last moment three wrongly condemned prisoners (oil painting by Ilya Repin, 1888, State Russian Museum).

The 20th century was one of the bloodiest of the human history. Massive killing occurred as the resolution of war between nation-states. A large part of execution was summary execution of enemy combatants. Also, modern military organisations employed capital punishment as a means of maintaining military discipline. The Soviets, for example, executed 158,000 soldiers for desertion during World War II.[33] 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 almost invariably been firing squad. Moreover, various authoritarian states—for example those with fascist or communist governments—employed the death penalty as a potent means of political oppression. According to the declassified Soviet archives, 681,692 people were shot in 1937 and 1938 alone – an average of 1,000 executions a day.[34] Partly as a response to such excessive punishment, civil organisations have started to place increasing emphasis on the concept of human rights and abolition of the death penalty.

Among countries around the world, almost all European and many Pacific Area states (including Australia, New Zealand and Timor Leste), 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, allow for capital punishment only in exceptional situations, such as treason committed during wartime. The United States (the federal government and 35 of the states), Guatemala, most of the Caribbean and the majority of democracies in Asia (e.g. Japan and India) and Africa (e.g. Botswana and Zambia) retain it. South Africa, which is probably the most developed African nation, and which has been a democracy since 1994, does not have the death penalty. This fact is currently quite controversial in that country, due to the high levels of violent crime, including murder and rape.[35]

Advocates of the death penalty argue that it deters crime, is a good tool for police and prosecutors (in plea bargaining for example),[36] improves the community by making sure that convicted criminals do not offend again, provides closure to surviving victims or loved ones, and is a just penalty for their crime. Opponents of capital punishment argue that it has led to the execution of wrongfully convicted, that it discriminates against minorities and the poor, that it does not deter criminals more than life imprisonment, that it encourages a "culture of violence", that it is more expensive than life imprisonment,[37] and that it violates human rights.

Movements towards humane execution

A gurney in the San Quentin State Prison in the United States on which prisoners are restrained during an execution by lethal injection.

In early New England, public executions were a very solemn and sorrowful occasion, sometimes attended by large crowds, who also listened to a Gospel message[38] and remarks by local preachers and politicians. The Connecticut Courant records one such public execution on December 1, 1803, saying, "The assembly conducted through the whole in a very orderly and solemn manner, so much so, as to occasion an observing gentleman acquainted with other countries as well as this, to say that such an assembly, so decent and solemn, could not be collected anywhere but in New England."[39] Trends in most of the world have long been to move to less painful, or more humane, executions. France developed the guillotine for this reason in the final years of the 18th century while Britain banned drawing and quartering in the early 19th century. Hanging by turning the victim off a ladder or by kicking a stool or a bucket, which causes death by suffocation, was replaced by long drop "hanging" where the subject is dropped a longer distance to dislocate the neck and sever the spinal cord. Shah of Persia introduced throat-cutting and blowing from a gun as quick and painless alternatives to more tormentous methods of executions used at that time.[40] In the U.S., the electric chair and the gas chamber were introduced as more humane alternatives to hanging, but have been almost entirely superseded by lethal injection, which in turn has been criticised as being too painful. Nevertheless, some countries still employ slow hanging methods, beheading by sword and even stoning, although the latter is rarely employed.

Abolitionism

The death penalty was banned in China between 747 and 759. In Japan, Emperor Saga abolished the death penalty in 818 under the influence of Shinto and it lasted until 1156. Therefore, capital punishment was not executed for 338 years in ancient Japan. In England, a public statement of opposition was included in The Twelve Conclusions of the Lollards, written in 1395. Sir Thomas More's Utopia, published in 1516, debated the benefits of the death penalty in dialogue form, coming to no firm conclusion. More recent opposition to the death penalty stemmed from the book of the Italian Cesare Beccaria Dei Delitti e Delle Pene ("On Crimes and Punishments"), published in 1764. In this book, Beccaria aimed to demonstrate not only the injustice, but even the futility from the point of view of social welfare, of torture and the death penalty. Influenced by the book, Grand Duke Leopold II of Habsburg, famous enlightened monarch and future Emperor of Austria, abolished the death penalty in the then-independent Grand Duchy of Tuscany, the first permanent abolition in modern times. On November 30, 1786, after having de facto blocked capital executions (the last was in 1769), Leopold promulgated the reform of the penal code that abolished the death penalty and ordered the destruction of all the instruments for capital execution in his land. In 2000 Tuscany's regional authorities instituted an annual holiday on November 30 to commemorate the event. The event is commemorated on this day by 300 cities around the world celebrating Cities for Life Day.

Peter Leopold II, Grand Duke of Tuscany, by Joseph Hickel, 1769

The Roman Republic banned capital punishment in 1849. Venezuela followed suit and abolished the death penalty in 1863 and San Marino did so in 1865. The last execution in San Marino had taken place in 1468. In Portugal, after legislative proposals in 1852 and 1863, the death penalty was abolished in 1867.

In the United Kingdom, it was abolished for murder (leaving only treason, piracy with violence, Arson in royal dockyards and a number of wartime military offences as capital crimes) for a five year experiment in 1965 and permanently in 1969, the last execution having taken place in 1964. It was abolished for all peacetime offences in 1998.[41]

Abolition occurred in Canada in 1976, in France in 1981, and in Australia in 1973 (although the state of Western Australia retained the penalty until 1984). In 1977, the United Nations General Assembly affirmed in a formal resolution that throughout the world, it is desirable to "progressively restrict the number of offenses for which the death penalty might be imposed, with a view to the desirability of abolishing this punishment".[42]

In the United States, Michigan was the first state to ban the death penalty, on May 18, 1846.[43] The death penalty was declared unconstitutional between 1972 and 1976 based on the Furman v. Georgia case, but the 1976 Gregg v. Georgia case once again permitted the death penalty under certain circumstances. Further limitations were placed on the death penalty in Atkins v. Virginia (death penalty unconstitutional for persons with IQ below 70, the baseline for mental retardation) and Roper v. Simmons (death penalty unconstitutional if defendant was under age 18 at the time the crime was committed). Currently, as of March 18, 2009, 15 states of the U.S. and the District of Columbia ban capital punishment. Of the states where the death penalty is permitted, California has the largest number of inmates on death row, while Texas has been the most active in carrying out executions (approximately one third of all executions since the practice was again legalized).

The latest country to abolish the death penalty for all crimes was Gabon, in Feb 2010.[44] Human rights activists oppose the death penalty, calling it "cruel, inhuman, and degrading punishment". Amnesty International considers it to be "the ultimate denial of Human Rights".[45]

Contemporary use

Global distribution

Since World War II there has been a trend toward abolishing the death penalty. In 1977, 16 countries were abolitionist. According to information published by Amnesty International in 2010, 95 countries had abolished capital punishment altogether, 9 had done so for all offences except under special circumstances, and 35 had not used it for at least 10 years or were under a moratorium. The other 58 retained the death penalty in active use.[46]

According to Amnesty International, at least 714 executions were known to have been carried out in 18 countries in 2009. In addition, there are countries which do not publish information on the use of capital punishment, most significantly China, which is estimated to execute hundreds of people each year. At least 17,000 people worldwide were under sentence of death at the beginning of 2010.[47]

Country Number executed in 2009
1 People's Republic of China People's Republic of China Officially not released.[48][49] At least 1700 (estimated),[50] may be up to 6000.[51]
2 Iran Iran At least 388
3 Iraq Iraq At least 120
4 Saudi Arabia Saudi Arabia At least 69
5 United States United States 52
6 Yemen Yemen At least 30
7 Sudan Sudan At least 9
8 Vietnam Vietnam At least 9
9 Syria Syria At least 8
10 Japan Japan 7
11 Egypt Egypt At least 5
12 Libya Libya At least 4
13 Bangladesh Bangladesh 3
14 Thailand Thailand 2
15 Singapore Singapore At least 1
16 Botswana Botswana 1
17 Malaysia Malaysia Unreleased
18 North Korea North Korea Unreleased

The use of the death penalty is becoming increasingly restrained in retentionist countries.[citation needed] Singapore, Japan, Taiwan, South Korea and the U.S. are the only developed countries that have retained the death penalty. The death penalty was overwhelmingly practiced in poor and authoritarian states, which often employed the death penalty as a tool of political oppression. During the 1980s, the democratisation of Latin America swelled the rank of abolitionist countries. This was soon followed by the fall of communism in Central and Eastern Europe, which then aspired to enter the EU. In these countries, the public support for the death penalty varies but is generally supported.[52] The European Union and the Council of Europe both strictly require member states not to practice the death penalty (see Capital punishment in Europe). On the other hand, rapid industrialisation in Asia has been increasing the number of developed retentionist countries. In these countries, the death penalty enjoys strong public support, and the matter receives little attention from the government or the media. This trend has been followed by some African and Middle Eastern countries where support for the death penalty is high.

Some countries have resumed practicing the death penalty after having suspended executions for long periods. The United States suspended executions in 1967 but resumed them in 1977, then again on 25 September 2007 to 16 April 2008; there was no execution in India between 1995 and 2004; and Sri Lanka declared an end to its moratorium on the death penalty on 20 Nov. 2004,[53] although it has not yet performed any executions. The Philippines re-introduced the death penalty in 1993 after abolishing it in 1987, but abolished it again in 2006.

Execution for drug-related offences

Some countries that retain the death penalty for murder and other violent crimes do not execute offenders for drug-related crimes. The following is a list of countries that currently have statutory provisions for the death penalty for drug-related offences.

Afghanistan Afghanistan
Bangladesh Bangladesh
Brunei Brunei
People's Republic of China People's Republic of China[54]
Republic of China Republic of China[55] Also available on Chinese Wikisource.
Egypt Egypt
Indonesia Indonesia
Iran Iran
Iraq Iraq
Kuwait Kuwait
Laos Laos
Malaysia Malaysia
Oman Oman
Pakistan Pakistan
Saudi Arabia Saudi Arabia
Singapore Singapore
Thailand Thailand
Vietnam Vietnam
Zimbabwe Zimbabwe
United Arab Emirates United Arab Emirates

In specific countries

Use of the death penalty around the world (as of Feb 2011).
  Abolished for all offenses (95)
  Abolished for all offenses except under special circumstances (8)
  Retains, though not used for at least 10 years (49)
  Retains death penalty (41)*
*Note that, while laws vary between U.S. states, it is considered retentionist because the federal death penalty is still in active use.

For further information about capital punishment in these countries or regions, see: Australia · Canada · People's Republic of China (excluding Hong Kong and Macau) · Europe · India · Iran · Iraq · Japan · New Zealand ·Pakistan· Philippines · Russia · Singapore · Taiwan · United Kingdom · United States

Juvenile offenders

The death penalty for juvenile offenders (criminals aged under 18 years at the time of their crime) has become increasingly rare. Since 1990, nine countries have executed offenders who were juveniles at the time of their crimes: The People's Republic of China (PRC), Democratic Republic of the Congo, Iran, Nigeria, Pakistan, Saudi Arabia, Sudan, the United States and Yemen.[56] The PRC, Pakistan, the United States and Yemen have since raised the minimum age to 18.[57] Amnesty International has recorded 61 verified executions since then, in several countries, of both juveniles and adults who had been convicted of committing their offenses as juveniles.[58] The PRC does not allow for the execution of those under 18, but child executions have reportedly taken place.[59]

Starting in 1642 within British America, an estimated 365[60] juvenile offenders were executed by the states and federal government of the United States.[61] The United States Supreme Court abolished capital punishment for offenders under the age of 16 in Thompson v. Oklahoma (1988), and for all juveniles in Roper v. Simmons (2005). In addition, in 2002, the United States Supreme Court declared unconstitutional the execution of individuals with mental retardation, in Atkins v. Virginia.[62]

Between 2005 and May 2008, Iran, Pakistan, Saudi Arabia, Sudan and Yemen were reported to have executed child offenders, the most being from Iran.[63]

The United Nations Convention on the Rights of the Child, which forbids capital punishment for juveniles under article 37(a), has been signed by all countries and ratified, except for Somalia and the United States (notwithstanding the latter's Supreme Court decisions abolishing the practice).[64] The UN Sub-Commission on the Promotion and Protection of Human Rights maintains that the death penalty for juveniles has become contrary to a jus cogens of customary international law. A majority of countries are also party to the U.N. International Covenant on Civil and Political Rights (whose Article 6.5 also states that "Sentence of death shall not be imposed for crimes committed by persons below eighteen years of age...").

In Japan, the minimum age for the death penalty is 18 as mandated by the internationals standards. But under Japanese law, anyone under 20 is considered a juvenile. There are three men currently on death row for crimes they committed at age 18 or 19.

Iran

Iran, despite its ratification of the Convention on the Rights of the Child and International Covenant on Civil and Political Rights, is currently the world's biggest executioner of juvenile offenders, for which it has received international condemnation; the country's record is the focus of the Stop Child Executions Campaign.

Iran accounts for two-thirds of the global total of such executions, and currently has roughly 140 people on death row for crimes committed as juveniles (up from 71 in 2007).[65][66] The past executions of Mahmoud Asgari, Ayaz Marhoni and Makwan Moloudzadeh became international symbols of Iran's child capital punishment and the judicial system that hands down such sentences.[67][68]

Somalia

There is evidence that child executions are taking place in the parts of Somalia controlled by the Islamic Courts Union (ICU). In October 2008, a girl, Aisho Ibrahim Dhuhulow was buried up to her neck at a football stadium, then stoned to death in front of more than 1,000 people. The stoning occurred after she had allegedly pleaded guilty to adultery in a shariah court in Kismayo, a city controlled by the ICU. According to a local leader associated with the ICU, she had stated that she wanted shariah law to apply.[69] However, other sources state that the victim had been crying, that she begged for mercy and had to be forced into the hole before being buried up to her neck in the ground.[70] Amnesty International later learned that the girl was in fact 13 years old and had been arrested by the al-Shabab militia after she had reported being gang-raped by three men.[71]

However, Somalia's recently established Transitional Federal Government announced in November 2009 that it plans to ratify the Convention on the Rights of the Child. This move was lauded by UNICEF as a welcome attempt to secure children's rights in the country.[72]

Methods

The following methods of execution are still being used in 2010:[73][74][75][76][77]

Controversy and debate

Capital punishment is often the subject of controversy. Opponents of the death penalty argue that it has led to the execution of innocent people, that its main motive is not justice but revenge and to save money, that life imprisonment is an effective and less expensive substitute,[37] that it discriminates against minorities and the poor, and that it violates the criminal's right to life. Supporters believe that the penalty is justified for murderers by the principle of retribution, that life imprisonment is not an equally effective deterrent, and that the death penalty affirms the right to life by punishing those who violate it in the strictest form.[citation needed]

Wrongful executions

Wrongful execution is a miscarriage of justice occurring when an innocent person is put to death by capital punishment.[78] Many people have been proclaimed innocent victims of the death penalty.[79][80][81] Some have claimed that as many as 39 executions have been carried out in the U.S. in face of compelling evidence of innocence or serious doubt about guilt. Newly available DNA evidence has allowed the exoneration of more than 15 death row inmates since 1992 in the U.S.,[82] but DNA evidence is only available in a fraction of capital cases. In the UK, reviews prompted by the Criminal Cases Review Commission have resulted in one pardon and three exonerations[citation needed] with compensation paid for people executed between 1950 and 1953, when the execution rate in England and Wales averaged 17 per year.[citation needed]

Public opinion

In Canada, Australia, New Zealand, Latin America, and Western Europe, the death penalty has become relatively unpopular, with the majority of the population opposing it.[83] However certain cases of mass murder, terrorism, and child murder occasionally cause waves of support for reinstitution, such as the Greyhound bus beheading, Port Arthur massacre and Bali bombings. Between 2000 and 2010, support for the return of capital punishment in Canada dropped from 44% to 40%, and opposition to it returning rose from 43% to 46%.[84]

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 is Michigan, where it was abolished in 1847), while others actively use it today. The death penalty there remains a contentious issue which is hotly debated. Elsewhere, however, it is rare for the death penalty to be abolished as a result of an active public discussion of its merits.[citation needed]

In abolitionist countries, 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 (such as Sri Lanka and Jamaica) to effectively end the moratorium on the death penalty. 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.

A Gallup International poll from 2000 said that "Worldwide support was expressed in favor of the death penalty, with just more than half (52%) indicating that they were in favour of this form of punishment." A number of other polls and studies have been done in recent years with various results.

In a poll completed by Gallup in October 2009, 65% of Americans supported the death penalty for persons convicted of murder, while 31% were against and 5% did not have an opinion.[85]

In the U.S., surveys have long shown a majority in favor of capital punishment. An ABC News survey in July 2006 found 65 percent in favour of capital punishment, consistent with other polling since 2000.[86] About half the American public says the death penalty is not imposed frequently enough and 60 percent believe it is applied fairly, according to a Gallup poll from May 2006.[87] Yet surveys also show the public is more divided when asked to choose between the death penalty and life without parole, or when dealing with juvenile offenders.[88] Roughly six in 10 tell Gallup they do not believe capital punishment deters murder and majorities believe at least one innocent person has been executed in the past five years.[89]

Diminished capacity

In the United States, there has been an evolving debate as to whether capital punishment should apply to persons with diminished mental capacity. In Ford v. Wainwright,[90] the Supreme Court held that the Eighth Amendment prohibits the state from carrying out the death penalty on an individual who is insane, and that properly raised issues of execution-time sanity must be determined in a proceeding satisfying the minimum requirements of due process. In Atkins v. Virginia,[91] the Supreme Court addressed whether the Eighth Amendment prohibits the execution of mentally retarded persons. The Court noted that a "national consensus" had developed against it.[92] While such executions are still permitted for people with marginal retardation, evidence of retardation is allowed as a mitigating circumstance. However, a recent case of Teresa Lewis who was the first woman executed in Virginia since 1912, proved to be very controversial because Governor Bob McDonnell refused to commute her sentence to life imprisonment, even though she had an IQ of 70.[93][94]

International organisations

The United Nations introduced a resolution during the General Assembly's 62nd sessions in 2007 calling for a universal ban.[95][96] The approval of a draft resolution by the Assembly's third committee, which deals with human rights issues, voted 99 to 52, with 33 abstentions, in favour of the resolution on November 15, 2007 and was put to a vote in the Assembly on December 18.[97][98][99] Again in 2008, a large majority of states from all regions adopted a second resolution calling for a moratorium on the use of the death penalty in the UN General Assembly (Third Committee) on November 20. 105 countries voted in favour of the draft resolution, 48 voted against and 31 abstained. A range of amendments proposed by a small minority of pro-death penalty countries were overwhelmingly defeated. It had in 2007 passed a non-binding resolution (by 104 to 54, with 29 abstentions) by asking its member states for "a moratorium on executions with a view to abolishing the death penalty".[100]

Article 2 of the Charter of Fundamental Rights of the European Union affirms the prohibition on capital punishment in the EU

A number of regional conventions prohibit the death penalty, most notably, the Sixth Protocol (abolition in time of peace) and the Thirteenth Protocol (abolition in all circumstances) to the European Convention on Human Rights. The same is also stated under the Second Protocol in the American Convention on Human Rights, which, however has not been ratified by all countries in the Americas, most notably Canada and the United States. Most relevant operative international treaties do not require its prohibition for cases of serious crime, most notably, the International Covenant on Civil and Political Rights. This instead has, in common with several other treaties, an optional protocol prohibiting capital punishment and promoting its wider abolition.[101]

Several international organizations have made the abolition of the death penalty (during time of peace) a requirement of membership, most notably the European Union (EU) and the Council of Europe. The EU and the Council of Europe are willing to accept a moratorium as an interim measure. Thus, while Russia is a member of the Council of Europe, and practices the death penalty in law, it has not made public use of it since becoming a member of the Council. Other states, while having abolished de jure the death penalty in time of peace and de facto in all circumstances, have not ratified Protocol no.13 yet and therefore have no international obligation to refrain from using the death penalty in time of war or imminent threat of war (Armenia, Latvia, Poland and Spain).[102] Italy is the most recent to ratify it, on March 3, 2009.[103]

Turkey has recently, as a move towards EU membership, undergone a reform of its legal system. Previously there was a de facto moratorium on the death penalty in Turkey as the last execution took place in 1984. The death penalty was removed from peacetime law in August 2002, and in May 2004 Turkey amended its constitution in order to remove capital punishment in all circumstances. It ratified Protocol no. 13 to the European Convention on Human Rights in February 2006. As a result, Europe is a continent free of the death penalty in practice, all states but Russia, which has entered a moratorium, having ratified the Sixth Protocol to the European Convention on Human Rights, with the sole exception of Belarus, which is not a member of the Council of Europe. The Parliamentary Assembly of the Council of Europe has been lobbying for Council of Europe observer states who practice the death penalty, the U.S. and Japan, to abolish it or lose their observer status. In addition to banning capital punishment for EU member states, the EU has also banned detainee transfers in cases where the receiving party may seek the death penalty.[citation needed]

Among non-governmental organizations (NGOs), Amnesty International and Human Rights Watch are noted for their opposition to capital punishment. A number of such NGOs, as well as trade unions, local councils and bar associations formed a World Coalition Against the Death Penalty in 2002.

Religious views

Buddhism

There is disagreement among Buddhists as to whether or not Buddhism forbids the death penalty. The first of the Five Precepts (Panca-sila) is to abstain from destruction of life. Chapter 10 of the Dhammapada states:

Everyone fears punishment; everyone fears death, just as you do. Therefore do not kill or cause to kill. Everyone fears punishment; everyone loves life, as you do. Therefore do not kill or cause to kill.

Chapter 26, the final chapter of the Dhammapada, states, "Him I call a brahmin who has put aside weapons and renounced violence toward all creatures. He neither kills nor helps others to kill." These sentences are interpreted by many Buddhists (especially in the West) as an injunction against supporting any legal measure which might lead to the death penalty. However, as is often the case with the interpretation of scripture, there is dispute on this matter. Historically, most states where the official religion is Buddhism have imposed capital punishment for some offenses. One notable exception is the abolition of the death penalty by the Emperor Saga of Japan in 818. This lasted until 1165, although in private manors executions continued to be conducted as a form of retaliation. Japan still imposes the death penalty, although some recent justice ministers have refused to sign death warrants, citing their Buddhist beliefs as their reason.[104] Other Buddhist-majority states vary in their policy. For example, Bhutan has abolished the death penalty, but Thailand still retains it, although Buddhism is the official religion in both.

Judaism

The official teachings of Judaism approve the death penalty in principle but the standard of proof required for application of death penalty is extremely stringent. In practice, it has been abolished by various Talmudic decisions, making the situations in which a death sentence could be passed effectively impossible and hypothetical. A capital case could not be tried by a normal Beit Din of three judges, it can only be adjudicated by a Sanhedrin of a minimum of twenty-three judges.[105] Forty years before the destruction of the Temple in Jerusalem in 70 CE, i.e. in 30 CE, the Sanhedrin effectively abolished capital punishment, making it a hypothetical upper limit on the severity of punishment, fitting in finality for God alone to use, not fallible people.[106]

The 12th century Jewish legal scholar, Maimonides said:

"It is better and more satisfactory to acquit a thousand guilty persons than to put a single innocent one to death."[107]

Maimonides argued that executing a defendant 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 was concerned about the need for the law to guard itself in public perceptions, to preserve its majesty and retain the people's respect.[108]

Islam

Scholars of Islam[who?] hold it to be permissible but the victim or the family of the victim has the right to pardon. In Islamic jurisprudence (Fiqh), to forbid what is not forbidden is forbidden. Consequently, it is impossible to make a case for abolition of the death penalty, which is explicitly endorsed.

Sharia Law or Islamic law may require capital punishment, there is great variation within Islamic nations as to actual capital punishment. Apostasy in Islam and stoning to death in Islam are controversial topics. Furthermore, as expressed in the Qur'an, capital punishment is condoned. Although the Qur'an prescribes the death penalty for several hadd (fixed) crimes—including rape—murder is not among them. Instead, murder is treated as a civil crime and is covered by the law of qisas (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.[109]

"If anyone kills person—unless it be for murder or for spreading mischief in the land—it would be as if he killed all people. And if anyone saves a life, it would be as if he saved the life of all people" (Qur'an 5:32). "Spreading mischief in the land" can mean many different things, but is generally interpreted to mean those crimes that affect the community as a whole, and destabilise the society.

Crimes that have fallen under this description have included: treason, apostasy, piracy (essentially armed robbery), murder, terrorism, rape including paedophilia, adultery, homosexual intercourse.[110]

However, there is also a minority view within some Muslims that capital punishment is not justified in the light of Qur'an.[111]

Christianity

Although some[who?] interpret that Jesus's teachings condemn violence in The Gospel of Luke and The Gospel of Matthew regarding Turning the other cheek, and Pericope Adulterae in which Jesus intervenes in the stoning of an adulteress, (most scholars[112][113] agree that this passage was "certainly not part of the original text of St John's Gospel."[114]) and others consider Romans 13:3–4 to support death penalty. Many Christians have understood that Jesus' doctrine of peace speaks to personal ethics and is distinct from civil government's duty to punish crime. Also, Leviticus 20:2–27 has a whole list of situations in which execution is supported. Christian positions on this vary.[115] The sixth commandment (fifth in the Roman Catholic and Lutheran churches) is preached as 'Thou shalt not kill' by some denominations and as 'Thou shalt not murder' by others. As some denominations do not have a hard-line stance on the subject, Christians of such denominations are free to make a personal decision.[116]

Roman Catholic Church

The Church classes capital punishment as a form of "lawful slaying",[clarification needed] a view derived from the thought of theological authorities such as Thomas Aquinas, who accepted the death penalty as a necessary deterrent and prevention method, but not as a means of vengeance.  (See also Aquinas on the death penalty). The Roman Catechism states this teaching thus:

Another kind of lawful slaying belongs to the civil authorities, to whom is entrusted power of life and death, by the legal and judicious exercise of which they punish the guilty and protect the innocent. The just use of this power, far from involving the crime of murder, is an act of paramount obedience to this Commandment which prohibits murder. The end of the Commandment is the preservation and security of human life. Now the punishments inflicted by the civil authority, which is the legitimate avenger of crime, naturally tend to this end, since they give security to life by repressing outrage and violence. Hence these words of David: In the morning I put to death all the wicked of the land, that I might cut off all the workers of iniquity from the city of the Lord.[117]

In Evangelium Vitae, Pope John Paul II suggested that capital punishment should be avoided unless it is the only way to defend society from the offender in question, opining that punishment "ought not go to the extreme of executing the offender except in cases of absolute necessity: in other words, when it would not be possible otherwise to defend society. Today however, as a result of steady improvements in the organization of the penal system, such cases are very rare, if not practically non-existent."[118] The most recent edition of the Catechism of the Catholic Church restates this view.[119] That the assessment of the contemporary situation advanced by John Paul II is not binding on the faithful was confirmed by Cardinal Ratzinger when he wrote in 2004 that,

if a Catholic were to be at odds with the Holy Father on the application of capital punishment or on the decision to wage war, he would not for that reason be considered unworthy to present himself to receive Holy Communion. While the Church exhorts civil authorities to seek peace, not war, and to exercise discretion and mercy in imposing punishment on criminals, it may still be permissible to take up arms to repel an aggressor or to have recourse to capital punishment. There may be a legitimate diversity of opinion even among Catholics about waging war and applying the death penalty, but not however with regard to abortion and euthanasia.[120]

While all Catholics must therefore hold that "the infliction of capital punishment is not contrary to the teaching of the Catholic Church, and the power of the State to visit upon culprits the penalty of death derives much authority from revelation and from the writings of theologians", the matter of "the advisability of exercising that power is, of course, an affair to be determined upon other and various considerations."[121]

Southern Baptist

Southern Baptists support the fair and equitable use of capital punishment for those guilty of murder or treasonous acts.[122]

Anglican and Episcopalian

The Lambeth Conference of Anglican bishops condemned the death penalty in 1988:

This Conference: ... 3. Urges the Church to speak out against: ... (b) all governments who practice capital punishment, and encourages them to find alternative ways of sentencing offenders so that the divine dignity of every human being is respected and yet justice is pursued;....[123]

United Methodist Church

The United Methodist Church, along with other Methodist churches, also condemns capital punishment, saying that it cannot accept retribution or social vengeance as a reason for taking human life.[124] The Church also holds that the death penalty falls unfairly and unequally upon marginalised persons including the poor, the uneducated, ethnic and religious minorities, and persons with mental and emotional illnesses.[125] The General Conference of the United Methodist Church calls for its bishops to uphold opposition to capital punishment and for governments to enact an immediate moratorium on carrying out the death penalty sentence.

The Evangelical Lutheran Church in America

In a 1991 social policy statement, the ELCA officially took a stand to oppose the death penalty. It states that revenge is a primary motivation for capital punishment policy and that true healing can only take place through repentance and forgiveness.[126]

Other Protestants

Several key leaders early in the Protestant Reformation, including Martin Luther and John Calvin, followed the traditional reasoning in favour of capital punishment, and the Lutheran Church's Augsburg Confession explicitly defended it. Some Protestant groups have cited Genesis 9:5–6, Romans 13:3–4, and Leviticus 20:1–27 as the basis for permitting the death penalty.[127]

Mennonites, Church of the Brethren and Friends have opposed the death penalty since their founding, and continue to be strongly opposed to it today. These groups, along with other Christians opposed to capital punishment, have cited Christ's Sermon on the Mount (transcribed in Matthew Chapter 5–7) and Sermon on the Plain (transcribed in Luke 6:17–49). In both sermons, Christ tells his followers to turn the other cheek and to love their enemies, which these groups believe mandates nonviolence, including opposition to the death penalty.

The Church of Jesus Christ of Latter-day Saints

The Church of Jesus Christ of Latter-day Saints (also called Mormons) neither promotes nor opposes capital punishment, although the church's founder, Joseph Smith, Jr., supported it.[128] However, today the church officially state it is a "matter to be decided solely by the prescribed processes of civil law."[129]

Community of Christ

Community of Christ, the former Reorganized Church of Jesus Christ of Latter Day Saints (RLDS), is opposed to capital punishment. The first stand against capital punishment was taken by the church's Presiding High Council in 1995. This was followed by a resolution of the World Conference in 2000. This resolution, WC 1273, states:

[W]e stand in opposition to the use of the death penalty; and ... as a peace church we seek ways to achieve healing and restorative justice. Church members are encouraged to work for the abolition of the death penalty in those states and nations that still practice this form of punishment.[130]

Eastern Orthodox Christianity

Eastern Orthodox Christianity does not officially condemn nor endorse capital punishment. It states that it is not a totally objectionable thing, but also that its abolishment can be driven by genuine Christian values, especially stressing the need for mercy.[131]

Esoteric Christianity

The Rosicrucian Fellowship and many other Christian esoteric schools condemn capital punishment in all circumstances.[132][133]

See also


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  133. ^ The Rosicrucian Fellowship: Obsession, Occult Effects of Capital Punishment

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