Capital punishment

Capital Punishment: A Deep Dive into Its History, Ethics, and Global Status

Imagine a world where the ultimate punishment for crimes is no longer an option. This is exactly what many countries are striving towards as they move away from capital punishment. But why does this practice still exist in some parts of the globe? And how has it evolved over time?

The Historical Context

Historically, execution has been a common form of punishment used by nearly all societies since the dawn of civilization. From the breaking wheel to burning at the stake, pre-modern executions often involved torture. The use of formal execution extends back into recorded history, with most historical records indicating that the death penalty was an integral part of justice systems.

Today, 56 countries retain capital punishment, while 111 have abolished it de jure for all crimes. Only two out of 38 OECD member countries (the United States and Japan) allow capital punishment as of 2023. The European Union and the Council of Europe prohibit its use, and the United Nations General Assembly has adopted several non-binding resolutions calling for a global moratorium on executions.

Crimes and Punishments

The death penalty is reserved for serious crimes such as murder, terrorism, war crimes, espionage, treason, and other offenses. However, in some countries, it can also be applied to sexual crimes, religious crimes, and drug-related offenses. In ancient times, nations emerged from tribal oligarchies and formalized the relation between social classes rather than tribes.

The Code of Hammurabi set punishment according to different classes, while the Torah/Old Testament laid down the death penalty for various crimes. Ancient Greece had a written law code with the death penalty applied for intentional homicide, and the Romans used it for various offenses.

Controversies and Debates

The death penalty remains a contentious issue worldwide. Protagoras criticized the principle of revenge, arguing that once damage is done, it cannot be cancelled by any action. The death penalty was reserved to protect society against criminals or as a dissuasive measure.

Plato saw death penalty as purification, considering it necessary for murderers who are not fully consenting to their actions. Aristotle believed free will makes humans responsible for their actions and the death penalty should be used to protect society and compensate for crimes.

Modern Trends

In recent years, there has been a shift towards abolishing capital punishment in many countries. Since 724 AD, several countries have abolished it completely, including Japan, China, Kievan Rus’, and England. The book ‘Dei Delitti e Delle Pene’ by Cesare Beccaria (1764) influenced Grand Duke Leopold II of Habsburg to abolish the death penalty in Tuscany in 1786.

Today, most countries in Europe have abolished capital punishment; many in Asia still retain it. The US is an exception, with some states having banned capital punishment for decades and others still using it today. The death penalty remains a contentious issue worldwide, with some countries reinstating it after moratoriums or abolishing it in response to significant crimes.

Public Opinion and Execution Methods

Public opinion on the death penalty varies globally. In Norway, 25% support it, while most French, Finns, and Italians oppose it. In contrast, 80% of Taiwanese people support the death penalty, and in India, support has grown due to recent brutal cases of rape.

Executions for juvenile offenders have become rare. Since 1990, only ten countries have executed juveniles under 18. However, China, Pakistan, the US, Saudi Arabia, and Yemen have raised their minimum age limits since then. Amnesty International has recorded 61 verified executions of both juveniles and adults convicted as juveniles.

Methods of Execution

The methods of execution used by various countries include hanging, shooting, lethal injection, beheading, stoning, and electrocution. Public executions were once performed publicly as a means for the state to demonstrate power but have become increasingly rare and secretive in modern times.

Wrongful Executions and Human Rights

It is frequently argued that capital punishment leads to miscarriage of justice through the wrongful execution of innocent persons. Many people have been proclaimed innocent victims of the death penalty. Some have claimed that as many as 39 executions have been carried out in the face of compelling evidence of innocence or serious doubt about guilt in the US from 1992 through 2004.

Improper procedure may also result in unfair executions. For example, Amnesty International argues that in Singapore ‘the Misuse of Drugs Act contains a series of presumptions which shift the burden of proof from the prosecution to the accused. This conflicts with the universally guaranteed right to be presumed innocent until proven guilty.’

Conclusion

The debate over capital punishment is complex and multifaceted, involving ethical, legal, and social considerations. As we move towards a world where human rights are paramount, the abolition of the death penalty seems to be the direction many countries are taking. However, the journey towards this goal remains fraught with challenges and controversies.