The History of Capital Punishment - Essay Example

Lecturer: presented: The judicial systems of many s use capital punishment as a way of deterring crime. However, this practice is being abolished, and many states have resorted to other ways of punishing offenders. The history of death penalty dates back in the 18th century B. C., with the highest number of executions occurring in the 16th century B. C. There was a marked reduction in the crimes punishable by death in the 18th century A. D. in the countries that practiced capital punishment. After World War II, campaigns against capital punishment were facilitated by the United Nations. Japan and the United States are some of the developed countries that are still practicing capital punishment. In Africa, Congo’s executions were rising at an alarming rate by 2003. There needs to be a change since capital punishment adversely affects the families of the victim. Introduction Capital punishment is reprisal through meting out a death sentence to the offender. In the criminal justice systems of many countries, it is lawful to inflict death to lawbreakers, depending on the weight of the crime. It is an act of ensuring that individuals suffer for engaging in activities that are against the law. In the criminal justice systems of many countries, it is lawful to inflict death to lawbreakers, depending on the weight of the crime. In the United States, death penalty is usually held in reserve for first-degree murder crimes which in most cases are associated with horrific circumstances such as bombing and killing a large number of people. It was mostly used in the ancient times, although many countries still use capital punishment (Steven 2007; Katrina and Steve 2008). In a broader perspective, it can be argued that capital punishment involves taking the life of another person. In doing so, it should not be forgotten that the victim has certain responsibilities that he/she leaves behind after an execution. The most important of all are the family members left behind. Frustration and grief overcome them with a number of suicide cases being reported after a death sentence. People have had different views concerning capital punishment, with some viewing it as a deterrent to crime, while others find no accomplishment in it. This paper is a critical investigation of capital punishment. The history of capital punishment has been discussed and its application in today’s society. Several states where it is applied on lawbreakers have been highlighted as well as how it is applied. The paper presents a discussion on the system of capital punishment, and its working in deterring crime as well as whether there is need for it to change. It also presents a perspective of the families left behind after execution. Their views as well as those of the victim have been highlighted. It concludes by evaluating the accomplishments of applying capital punishment on offenders. The History of Capital Punishment Laws regarding death penalty were exercised as early as in the 14th century B. C. under the Hittite code. They were also in used by Romans in the 5th century B. C., in Athens under the Draconian code in the 7th century B. C. as well as in Babylon in the 18th century B. C. during the reign of King Hammurabi (Beck et al 2007; Feldman 2001). Offenders were mostly burnt alive, beaten to death, crucified or beheaded. In Britain, the most commonly used methods for execution were hanging, boiling alive or beheading. In the 16th century A. D, more than 70,000 people were executed in the country during the time of Henry VIII. Crimes included theft, getting married to Jews, treason and many other crimes that added up to 222 by the 17th century A. D. In the mid 18th century A. D., the crimes that were punishable by death were reduced to 120 (Geoffrey 2004). In America, the use of death penalty began under the influence of Britain. This was as a result of the British settlers who brought with them the practice of capital punishment. In 1608 A. D, George Kendall became the first person to be executed in Jamestown for allegedly spying for Spain in Virginia. Capital punishment was practiced even for trivial offences such as conducting trade with Indians. Most of the executions were done in public. All the British colonies in America had their own laws concerning the use of death penalty. The rise of the abolitionist movement led to a reduction in the number of crimes that were punishable by death in many of the states. By mid 19th century, Pennsylvania began conducting the executions in facilities designed for execution purposes far from public observation. In the mid 19th century, many of the states began the abolishment of death penalty (Michael 2007). For example it is only the crime of treason that was punishable by death after 1846. Wisconsin and Rhode Island followed by total abolishment of death penalty. Many other countries in the world dropped the practice in the 19th century. These included Netherlands, Venezuela, Costa Rica, Ecuador, Brazil and many others (Feldman 2001). However, many U.S. states maintained the use of capital punishment. Slaves were the most affected by capital punishment since most of the crimes they committed were made capital offences. Minor reforms came in the mid 19th century in Tennessee and Alabama where death penalty was changed from being mandatory. This was one of the successful campaigns of the abolitionists against death penalty. By the mid 20th century, many of the mandatory capital offences had been abolished. These campaigns were strengthened by the Universal Declaration of Human Rights which was adopted by the United Nations General Assembly after the end of World War II (Casey 2005). The United Nations further expanded its attention towards the protection of the elderly, pregnant women as well as the juveniles from capital punishment. This was followed by a rise in treaties aimed at protection of human rights from 1950 to 1960. These included the European Convention on Human Rights, the American Convention on Human Rights and many others which came up with agreements which provided for the right to live and declaration of the death penalty as an exemption which should be safeguarded by many procedures. By late 1980s, most of the countries in Western Europe had abolished death penalty (Fang 2005). Current Application of Capital Punishment The manner in which different countries conduct death penalties is usually unique to each state. Social connections exist between the states that have abolished the death penalty. For example in the International Community, the member countries have to adhere to the principles that have been set in regard to the use of death penalty. This social connection has coerced many of the member states to abolish the practice (Michael 2007). On the other hand, it seems that the countries which are economically powerful such as the United States and Japan exercise the use of death penalty. On the other hand, less developed economies are also known to engage in the practice such as in the Democratic Republic of Congo. At the same time, the population density is also seen to impact on the number of capital offences committed in a particular period of time. The death penalties are seen to increase with an increase in population density (Feldman 2001). Currently, death penalty has progressively been reserved by many countries. However, it is still being practiced in countries such as the United States, which is one of the developed countries that are still using death penalty as a form of punishment. It has continuously been used to eliminate those who totally do not observe the rules and regulations of the federal government. They are usually the most terrible criminals in the society. The federal death penalty was extended to cover 60 more crimes. The death penalty act on anti-terrorism was signed in 1996 by President Clinton after the bombing of Oklahoma City. Death penalty is also used by other countries such as Singapore, Japan, china, Vietnam and many Muslim countries such as Iran. A large number of executions in these countries were recorded in 2003. However, there are calls by many human rights organizations that death penalty should be abolished. More than 130 countries have abolished death penalties. Philippines, Croatia and German Democratic Republic and many others have abolished death penalty (Casey 2005). In Eastern Europe, death penalty has been abolished due to the requirement by the Council of Europe for member countries to endorse Protocol Number 6 which has promoted the abolishment. It has made Ukraine which was renowned for carrying out executions to abolish death penalty. Other countries such as South Africa have abolished it. The United Nations Human Rights Commission has been putting pressure to the countries that have not abolished death penalty to do so. It has been passing resolutions every year since 1997 such as the Resolution Supporting Worldwide Moratorium on Executions, which are meant to pressurize states for the abolishment of death penalty. The pressures led to a reduction of death penalty in the United States by 157 from 1998 to 2003. Many of the members of the International Community have abolished death penalty (Giddens 2000). The United States is the only western democracy that continues to use the death penalty. The practice was dropped in the 1960s and 1970s in the United Kingdom for crimes against the government. All members of the European Union agreed to abolish death penalty in total. In the recent past this was achieved in the United Kingdom. In contrast, more than 100 people have been executed in America in the last twenty years. Even when the death penalty was effective, in the United Kingdom, it was rarely used. More over, in the United States, death penalty is also applied on juvenile prisoners while this has not been practiced in the United Kingdom. The United States is renowned for executing juvenile under the age of 18years since 1990. The United Kingdom is known to refuse the extradition of suspects to the United States unless there are amendments in the law regarding executions. From 1930 to 2008, the United States has executed more than 1,100 people where as the notable executions in the United Kingdom since 1499 A.D. are few. The most notable are 30 people excluding a few beheadings of nobility. The last execution in the United States took place in 1964 (FBI, 2008). There are different views on the working of the system. Those who are for capital punishment normally feel safer with elimination of the criminals. They justify their argument in that once dead, the criminals can not commit more crimes against fellow human beings. Most of them have had experience with assumed reformed criminals, who after serving a jail term get back to crime and can even turn out to be on revenge missions. The common rehabilitation measures are actually not real punishment compared to death penalty. The offender suffers real pain according to the intensity of the crime. In the ancient times, people viewed death penalty as a way of avenging for crimes committed against human beings. There are people who believe that death penalty instils the intending capital offenders fear the consequences of committing such crimes which they are sure of getting punished through death. They argue that the abolition of death penalty consequently results in the number of violent crimes (Charlie 2007). Japan still practices death penalty, although it has been on rare cases in the recent past. Prisoners are allowed to try anything possible in regard to the legal potential for justification of another form of punishment. The prisoner usually is not contacted on the specific date of execution. Even members of the immediate family are usually not informed on the date. Treason and homicide are the major capital offences in the country. More than 700 offenders were sentenced to death from 1946 to 1993. Out of this number, 608 were executed. However, the manner in which the death penalty is applied in the country has changed recently. The number of capital offences has been reduced to apply to the offences in which a person is convicted of a number of murder offences or a combination of murder and offences such as rape. In Africa, there are also some nations that apply capital punishment in their judicial systems. Executions in the Democratic Republic of Congo are alarming. On 7th January 2003, the state executed 19 death row prisoners. More than 200 had been sentenced to death and executed by the military court. These were convicted of various offences ranging from violent crime to treason. More over, hundreds were death row inmates awaiting execution in the same year. The state had made a promise to the United Nations to stop these executions but it has been accused by the human rights watch of dishonoring this pledge. The use of death penalty in Congo is not comparable with that of Japan (Rick 2006). Those who argue for death penalty view crimes such as murder for hire to highly deserve capital punishment. This is because they are usually expert schemers on the best way to hit their target and get away with it. They do not find a reason why such murderers should be allowed to live longer, which increases the possibility of planning the murder of another person. This seems logical. If such a person is allowed to live, he may still influence others to accomplish the goal of killing some more targeted people even when serving a life imprisonment. This may arise when may be the target was more than one but he was caught before murdering another. It is also important to note that so many murderers usually escape punishment while their victims usually have slim chances of escaping death. It is also argued that a death row convict in many cases knows that his death is near and therefore can plan on his inheritance (Katrina and Steve 2008). On the other hand, the victim of their heinous acts usually meets their death unknowingly and therefore the best way to punish them is to ensure that what they have done to others is done to them. This has been the strongest point in the arguments from those who support death penalty. The most frequently asked question is; if someone wants to kill another, why would he fear being killed just like others fear but they eventually get killed innocently and mostly in cold blood? (David and Andrew 2000). The system needs to change because of many negative impacts that it has on the society as a whole. Human beings are unique in the sense that all of them react towards emotions. Criminals are no exception. They too have emotions of fear, rejection as well as pain. It is not justifiable for any human being to take the life of another. Most of the religions preach against it, although some justify the use of capital punishment. The justification is that once execution has been done to an individual, it eliminates the person, preventing him from committing the crime once more. Regardless of the extent of the crime, it is usually not prudent to kill fellow human beings. Many religions teach that people should do to others what they too would like to be done to them. In reality, those people who support death penalty on offenders would not like to face the same even if they committed crimes of an equal magnitude (Rick 2006). The psychological torture that a prisoner undergoes before the real execution takes place is usually enough punishment to make him reform. It is normal for a human being to suffer mentally due to the thought of dying at a particular time especially if the method of putting him to death is known. The imagination of the pain that will be inflicted on the convict is real mental torture. Death penalty should be reconsidered due to the pain that they cause to humanity. When a society becomes used to executing their own members, there happens to be a tendency of loosing the moral values that make up a community. People who witness the painful execution of others time and again do not find it hard to repeat the same acts. A society composed of merciless individuals can easily end up losing direction (Fang 2005; Charlie 2007). Abolishment of the brutal executions does not however give way for the methods that are regarded as less painful ways of executing criminals. Any action that takes the life of another should be avoided as much as possible. This is because capital punishment causes suffering to humanity in general. Public hanging is one of the methods that have been used to execute people who have been sentenced to death by many criminal justice systems. They usually have a negative impact on the society taking in to consideration that the observers are usually people of all ages. The executions happen in the view of children who rarely understand what it means to be sentenced to death. It is very hard for them to forget such executions through out their lives. It is an apparent denial of their right not to be exposed to such actions that are meted out on people by their fellow human beings. More over, capital punishment takes away the life of a person and it does not allow a chance for him to reform and become a productive member of the society (Charlie 2007). There is need to reconsider the application of death penalty to juveniles. Although it is important that the youth are punished for criminal acts especially murder, it should be understood that they are less mature and most likely to commit crimes out of utter ignorance. Sentencing them to death is not an appropriate way of punishing them. These are people who can be given a chance to reform and become productive in the society. On the other hand, the youth can easily be intimidated in to confessing about crimes that they never committed. Having little knowledge of the criminal justice system, the police can easily coerce them to confess by giving them the wrong information. There are cases where police have convinced ignorant youth to confess in order for them to be on the safer side or face harsh penalties. On confessing, they have been sentenced to death. This shows that there is need to review the death penalty for the youth (Giddens 2000). Working of Capital Punishment There are no justifiable cases of application of death penalty having helped the various states that practice it to prevent crime. An empirical comparison between states in regard to violent crime and the use of death penalty indicates that it does not deter crime. The crime rates indicate that the states which do not use death penalty have less marginal increase in crimes since 1976 to 2007 and also the overall number of violent crimes is less compared to the countries that use death penalty (Michael and Clarissa 2006; Rick 2006). A survey conducted in the United States amongst the police indicated that death penalty is the least of all the punishments that can be used to deter crime. A comparison of three states which largely practice death penalty and three others that have abolished death penalty since 1976 clearly indicates that death penalty does not deter crime. Virginia, Texas and Florida are some of the states which have conducted the highest number of executions since 1976. There have been a total of 103, 435 and 67 executions consecutively in the three states since 1976. The average number of violent crimes from 1976 to 1989 was 16,500, 80, 000 and 85,000 consecutively. Similarly, the average number of violent crimes from 1990 to 2007 was 20,000, 120,000 and 130,000 consecutively (Sharp 2005; Giddens 2000). Compared to Alaska, North Dakota and Kansas which have had no executions since 1976, it is evident that violent crimes increase with an increase in the number of executions. There average number of violent crimes from 1976 to 1989 was 2,000, 300 and 8,000 in the three states that have abolished death penalty. The average number of violent crimes from 1990 to 2007 was 4,000, 500 and 10,000 in the three states consecutively (FBI, 2008). From the statistics of different states it would be right to infer that capital punishment does not deter crime. This is because it undervalues human life thereby increasing the rate of murder crimes. In the United States, the murder rates have been known to increase after execution. According to Bowers and Pierce (1974 p.120) in their brutalization theory, “The sensibilities of society are brutalized by state-sanctioned executions thereby making prospective killers less inhibited”. Capital punishment does not deter crime where it does not take time to plan it. This is because for a crime that does not take some time for the criminal to plan the offence, considerations about the consequences of committing it are usually absent. It is therefore not likely to prevent such a person from engaging in crime. The criminal will most probably act upon emotions. Crimes such as murder committed under such situations should not be subjected to capital punishment if it is meant to prevent people from committing such crimes. Death penalty is therefore not a deterrent to crime either specifically or in general (Rick 2006). Capital Punishment and the Family of the Victim Lack of certainty that an individual is actually the one who committed a crime is usually a problem in many criminal justice systems. More often than not, people are punished because of crimes that they never committed. A good example is the case of many death row suspects who have been freed after the realization of their innocence. This means that many innocent people have been executed because they can not proof their innocence. The cost of hiring lawyers is usually high and the family of the victim might be unable to higher competent lawyers which may end up undermining justice. The irreversibility of punishment through death becomes very painful especially if it turns out to have been meted out on a person due to improper criminal justice systems. At times a person may be executed by mistake, which becomes problematic when the real offenders are known (Katrina and Steve 2008). For example in Texas 1997 case against David Wayne, false testimony was given by seven informants of jailhouse who later withdrew their testimony. By then he had been executed, having been convicted of triple murder in Lake Waco. In such a case, Wayne should not have been executed (Bowers and Pierce 1974). The family grieved over the thought of their loved one having been falsely executed. It usually turns out to be unbelievable for friends and family members when they realize that one of their own is on a death row. It causes much stress and pain before and after execution. Coming to terms with the reality is not easy, especially if the convict is a parent or a loved one. Reports of people who have died of stress because of their loved ones being sentenced to death are many. These people are normally subjected to suffering unnecessarily. The worst of all is the realization that the convict will be dead at a certain time. This is because the natural deaths of humans are very unpredictable, and even in periods of sickness or other disasters, it is usually difficult to tell if an individual will survive (Michael and Clarissa 2006). Sentencing a victim to death causes undue suffering to the family members. This occurs especially in a situation where they are dependent on the victim for their daily bread. The feelings of desertion, fear and regret cause a lot of trauma and can have dire consequences on those who are left. In a religious point of view, it is apparent that doing something wrong to counter a crime does not actually yield desirable results. Suffering of the individual’s relatives and friends is unwarranted. If the convict is the bread winner for a family, a death penalty usually causes poverty and increased dependence on other people for the needs of the family. It would be better to allow a person to reform and provide for the family, thereby minimizing the pressure on the government and the society as a whole in catering for the needs of the family (Sharp 2005). The appeals that result after a death sentence are usually costly to the family of the accused, and may take years to be completed. They end up diminishing a family’s resources which has a negative impact on the family’s welfare. Although there are many arguments in regard to capital punishment, perpetrators of crimes that cause death create the notion that capital punishment is alright. People who cause suffering to other people through death should be executed. These include those who have caused suffering to masses through bombing such as the terrorist attacks masterminded by the al-Qaeda through the leadership of Osama bin Laden. Other people who should have been executed include Adolf Hitler of Germany who led the Nazis in the mass killings of Jews, Id Amin Dada of Uganda who caused suffering through death to innocent citizens of Uganda and others who have committed such heinous acts against humanity (Bowers and Pierce 1974). But then, killing is illegal, and carrying out executions on lawbreakers is taking the life of another person. On the other hand, the perpetrators of the crime may be willing to change, especially after getting so close to separation from their families forever. For the victim himself, not many usually take death penalty as the best way to punish them. Even though it is difficult to establish whether an individual is the one who committed the crime, those who are absolutely guilty have never found justification in the ruling that they should be sentenced to death. Ironically, they feel that killing them is wrong where as they might have been found guilty of murder. It is true that killing is wrong. However, it is human nature that when some one who is not a close relative or friend is killed, the pain is not as much as witnessing the death of a loved one (Michael and Clarissa 2006; Sharp 2005). This could be the reason why people kill others, but when found guilty of murder they do not find it justified to be sentenced to death. Conclusion It can be concluded from the research that little is accomplished in regard to deterring crime through capital punishment. There are many ways through which a criminal can be punished. The better ways of punishment ensure that an individual reforms and becomes productive to the society. The convicts can be given a life sentence and while serving it, they can work for the public and assist the government to reduce the cost of labor. This ensures that the prisoner is punished while being productive to the society. Terminating the prisoner’s life is not the best option since it is very expensive to take up his roles in the society. It is also unnecessary in the sense that it does not give an individual the chance to reform and rejoin the society. These are strong reasons why capital punishment should be abolished due to its many negative impacts on the society as a whole. There are particular cases whereby people should be exempted from death penalty. These include cases whereby a prisoner is proved to be insane or suffering from mental problem. Others include cases where the prisoner unintentionally committed the crime, such as unplanned killing while in self defense. However, cases of genocide are usually planned massacres which are usually perpetrated by individuals with a reason to destroy humanity. Such cases should not be exempted from death penalty. Further research should be carried out in order to establish the impact of death penalty on the society in general and the families of the convicts in particular. It can not be justified that capital punishment deters crime. Rather, it creates frustration and misery in the families of the victim. Not much has been accomplished through application of capital punishment. Bibliography Beck E., Britto S., and Andrews A. (2007). In the Shadow of Death: Restorative Justice and Death Row Families, Oxford University Press, USA. Bowers W. J. and Pierce R. (1974). Executions in America, Lexington Books, Lexington, MA. Casey, R. (2000). Memories of the Present: A Sociological Chronology of Modern Justice Systems, Institute of Public Administration, Dublin. Charlie S. (2007). The Rise of Criminal Justice Systems: an Overview of Development, 2nd edition, London: Century Business. David, & Andrew (2000). Criminal Justice, (2nd edition), Polity, Cambridge University Press. Fang Z. (2005). Criminal Justice. Criminal Behavior & Research. Vol. 11(1), 99-141. FBI, (2008). Uniform Crime Reports, viewed on 30th April, at, Feldman R. (2001). Modern Societies: Building Blocks of World Communities, CQU Press. Geoffrey M. (2004). Capital Punishment: International Crimes, vol. 3(2), 67-71. Giddens A. (2000). Global Interdependence: The Criminal Justice Debate, Featherstone, Scott. Katrina J. E. and Steve R. B. (2008). Lawyers Assisting Veterans in Criminal Justice System, Cambridge University Press. Michael L. (2007). Crime and the Failure of Americas Penal System, Rutgers University Press. Michael S. V. and Clarissa F. (2006). Capital Punishment. Criminal Justice, vol, 34, 5, Department of Criminal Justice, Georgia State University. Rick S. (2006). Social Policy and Social Control: the Death Penalty in the United States and Worldwide, McGraw-Hill. Sharp F. S. (2005). Hidden Victims: The Effects of the Death Penalty on Families of the Accused, Critical Issues in Crime and Society, Rutgers University Press. Read More