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Capital punishment, also called the '''death penalty''', is the execution of a convicted criminal by the state as punishment for crimes known as ''capital crimes'' or ''capital offences''. Historically, the execution of Criminal s and political opponents was used by nearly all societies—both to punish crime and to suppress Political Dissent . Among countries around the world, almost all Europe an 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, however, like Brazil , allow for capital punishment only in exceptional situations, such as treason committed during wartime. The United 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. In most places that practice capital punishment today, the death penalty is reserved as punishment for premeditated Murder , Espionage , Treason , or as part of Military Justice . In some countries, sexual crimes, such as Adultery and Sodomy , carry the death penalty, as do religious crimes such as Apostasy , the formal renunciation of one's religion. In many Retentionist countries (countries that use the death penalty), Drug Trafficking is also a capital offense. In China Human Trafficking and serious cases of Corruption are also 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 .1 Capital punishment is a very contentious issue. Supporters of capital punishment argue that it Deter s crime, prevents Recidivism , and is an appropriate form of punishment for the crime of Murder . Opponents of capital punishment argue that it does not Deter criminals more than life imprisonment, violates Human Rights , leads to executions of some who are Wrongfully Convicted , and discriminates against minorities and the poor. The latest country to abolish the death penalty for all crimes was Rwanda in mid 2007.2 On October 10th, 2007, the World Day against the Death Penalty will focus on the proposed UN General Assembly's 62nd session resolution for a universal moratorium on executions.http://www.worldcoalition.org/modules/news/article.php?storyid=10http://web.amnesty.org/pages/deathpenalty-index-eng THE DEATH PENALTY WORLDWIDE Global distribution of death penalty (as of 2005/06).
At least since World War II , there has been a consistent trend towards abolishing the death penalty. In 1977, 16 countries were abolitionist, while the figure has since now gone up to 130. Currently , 90 countries have abolished capital punishment for all offences, 11 for all offences except under special circumstances, and 29 others have not used it for at least 10 years. A total of 67 countries retain it. Among retentionist countries, several used capital punishment on juveniles (under 18). In 2006 Iran executed four child offenders and Pakistan one. The has the highest execution rate per capita, with 70 hangings for a population of about 4 million and it also (with Japan) has the lowest murder rate.http://www.singstat.gov.sg/ssn/feat/4Q97/feat.pdf Executions are known to have been carried out in the following 25 countries in 2006: Bahrain, Bangladesh, Botswana, China, Egypt, Equatorial Guinea, Indonesia, Iran, Iraq, Japan, Jordan, North Korea, Kuwait, Malaysia, Mongolia, Pakistan, Saudi Arabia, Singapore, Somalia, Sudan, Syria, Uganda, the United States of America, Vietnam, Yemen.4 In that year also, 91% of all known executions took place in six countries listed below:http://www.amnestyusa.org/document.php?lang=e&id=ENGACT500022007 Most Executions carried out in 2006
The use of the death penalty is becoming increasingly restrained in retentionist countries. Japan, South Korea, Taiwan, Singapore, and the U.S. are the only fully 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 (with its long history of progressive and Roman Catholic tradition) 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 it is decreasing. 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 retentionist countries that are developed. 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. Notably, the United States had suspended executions in 1973 but resumed them in 1977, there was no execution in India between 1995 and 2004, and Sri Lanka recently declared an end to its Moratorium on the death penalty but has not performed any executions. The Philippines had re-introduced the death penalty in 1993 after abolishing it in 1987 but have abolished it again in 2006. Public opinion Support for the death penalty varies widely. Both in abolitionist and retentionist democracies, the government's stance often has wide public support and receives little attention by politicians or the media. In some abolitionist countries, the majority of the public supports or has supported the death penalty. Abolition was often adopted due to political change, such 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 1846), 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. ]] In abolitionist countries, debate is sometimes revived by particularly brutal murders as a knee-jerk reaction, 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 claimed that "Worldwide support was expressed in favour of the death penalty, with just more than half (52%) indicating that they were in favour of this form of punishment." A break down of the numbers of support versus opposition: Worldwide 52%/39%, North America 66%/27%, Asia 63%/21%, Central and Eastern Europe 60%/29%, Africa 54%/43%, Latin America 37%/55%, Western Europe 34%/60%. In the U.S., surveys have long shown a majority in favor of capital punishment. An s murder and majorities believe at least one innocent person has been executed in the past five years. [http://www.publicagenda.org/issues/major_proposals_detail.cfm?issue_type=crime&list=8 International organisations 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 . However, 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.>5 Several international organisations have made the abolition of the death penalty a requirement of membership, most notably the is the most recent to ratify it with the effective date of June 1st, 2007. {Link without Title} Turkey has recently, as a move towards EU membership, undergone a reform of its legal system. Previously there was a ''de facto'' moratorium on 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, namely 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. Among non-governmental organisations, Amnesty International and Human Rights Watch are noted for their opposition to capital punishment. Juvenile capital punishment The death penalty for '' (1988), and for all juveniles in '' Roper V. Simmons '' (2005). Starting in 1642, an estimated 364 juvenile offenders were executed by the states and federal government of the US.Rob Gallagher, Table of juvenile executions in British America/United States, 1642-1959 In 2002, the United States Supreme Court declared unconstitutional the execution of individuals with 2002 The of Customary International Law . The death penalty in specific countries See Also: Use of capital punishment by nation Australia · Belarus · Canada · People's Republic Of China (excluding Hong Kong and Macau) · Denmark · Europe · France · India · Iraq · Japan · The Netherlands · New Zealand · Pakistan · Philippines · Russia · Singapore · Sweden · Taiwan · United Kingdom · United States HISTORY The use of formal execution extends at least to the beginning of recorded history. Most historical records as well as 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. However, within a small community, crimes were rare and murder was almost always a Crime Of Passion . Moreover, most would hesitate to inflict death on a member of the community. For this reason, execution and even banishment were extremely rare. Usually, compensation and shunning were enough as a form of justice. However, these are not effective responses to crimes committed by outsiders. Consequently, even small crimes committed by outsiders were considered to be an assault on the community and were severely punished. The methods varied from beating and enslavement to executions. However, 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."Translated from Waldmann, ''op.cit.'', p.147. However, in practice, it is often difficult to distinguish between a War of vendetta and one of conquest. For most of recorded history, capital punishments were often cruel and inhuman. Severe historical penalties include Breaking Wheel , Boiling To Death , Flaying , Slow Slicing , Disembowelment , Crucifixion , Impalement , Crushing , Stoning , Execution By Burning , Dismemberment , Sawing , Scaphism , or Necklacing . 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 '' Thing s''.Lindow, ''op.cit.'' (primarily discusses Icelandic ''things''). 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 . 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 derives from Draco's laws. Similarly, in , life in 18th century (and early 19th century) Britain was a hazardous place. 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, the 28th of September 1708 for Theft . The local press did not, however, consider the executions of two children newsworthy. History of British judicial hanging Although many are executed in (r. 712-756), who before was the only person in China with the authority to sentence criminals to execution. Even then capital punishment was relatively infrequent, with only 24 executions in the year 730 and 58 executions in the year 736. Two hundred years later there was a form of execution called Ling Chi, Slow Slicing , or death by/of a thousand cuts, used in China from roughly 900 CE to its abolition in 1905. 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 Right s. Another important aspect is that emergence of standing police forces and permanent penitential institutions. The death penalty become an increasingly unnecessary Deterrent in prevention of minor crimes such as theft. 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. 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. In the past, Cowardice , absence without leave, Desertion , Insubordination , Looting , shirking under enemy fire and disobeying orders were often crimes punishable by death. 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. 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. Movements towards "humane" execution ]] In early 1803 ) 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." The Execution of Caleb Adams , 2003 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 dangling him from the back of a moving cart, which causes death by suffocation, was replaced by "hanging" where the subject is dropped a longer distance to dislocate the neck and sever the Spinal Cord . 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 criticized as being too painful. Nevertheless, some countries still employ slow hanging methods, beheading by sword and even Stoning , although the latter is rarely employed. Execution by Nitrogen Asphyxiation was proposed in 1995 and appears occasionally in online discussions, but as of is not used by any nation. See Also: Cruel and unusual punishment ABOLITIONISM IN DIFFERENT COUNTRIES The death penalty was briefly banned in China between 747 and 759. In England, a public statement of opposition was included in The Twelve Conclusions Of The Lollards , written in 1395. 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 ''Granducato di Toscana'' ( Tuscany ), the first permanent abolition in modern times. On 30 November 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 30 November to commemorate the event. The event is also commemorated on this day by 300 cities around the world celebrating the Cities For Life Day . Abolition of the death penalty was not common and was viewed as unnecessary. The Roman Republic went out on a limb and banned capital punishment. In 1849, this made the Roman Republic the first ever to ban capital punishment. However, Venezuela followed suit and in 1863 abolished the death penalty and San Marino did so in 1865. The last execution in San Marino had taken place in 1468. In the United States, the state of Michigan was the first state to ban the death penalty, on March 1 , 1847 . The 160-year ban on capital punishment has never been repealed. Currently, 12 states of the U.S. and the District Of Columbia ban capital punishment. CAPITAL PUNISHMENT DEBATE See Also: Capital punishment debate Capital punishment is often the subject of controversy. Opponents of the death penalty argue that it has led to irreversible miscarriages of justice, that life imprisonment is an effective substitute, 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 most strict form. While some arguments are about moral judgments, others are disagreements about empirical trends, such as whether the death penalty is a more effective deterrent than life imprisonment. RELIGIOUS VIEWS See Also: Religion and capital punishment 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, and 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. "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. Jerusalem Talmud (Sanhedrin 41 a) In law schools everywhere, students read the famous quotation from the 12th Century legal scholar, Maimonides , :"It is better and more satisfactory to acquit a thousand guilty persons than to put a single innocent one to death." 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." (Caprice of all kinds is more visible now with computers, statistics, DNA evidence, and new discovery laws directed at prosecutors' files.) 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.Moses Maimonides, ''The Commandments, Neg. Comm. 290'', at 269-271 (Charles B. Chavel trans., 1967). See Religion And Capital Punishment#Judaism Islam Scholars of Islam 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 wrong. 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 robbery, adultery, and apostasy of Islam—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.http://www.britannica.com/eb/article-9020149/capital-punishment Christianity Although some interpret that to support it; Christian positions on this, as on many social issues, vary. The promulgator of Christianity, Jesus Of Nazareth , was executed by Crucifixion , and that method of execution became a symbol for Christianity (see Passion (Christianity) ). Furthermore, numerous Catholic Saints have been Martyred by usage of the death penalty. Roman Catholic Church The says "Assuming that the guilty party's identity and responsibility have been fully determined, the traditional teaching of the Church does not exclude recourse to the death penalty, if this is the only possible way of effectively defending human lives against the unjust aggressor. If, however, nonlethal means are sufficient to defend and protect people's safety from the aggressor, authority will limit itself to such means, as these are more in keeping with the concrete conditions of the common good and are more in conformity to the dignity of the human person." Catechism of the Catholic Church, no. 2267 Anglican & Episcopalian The Lambeth Conference of Anglican and Episcopalian bishops condemned the death penalty in 1988. United Methodist Church The of the United Methodist Church calls for its Bishop s 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.http://www.elca.org/socialstatements/deathpenalty/ Other Protestants Several key leaders early in the , and as the basis for permitting the death penalty.http://www.equip.org/free/CP1303.htm http://www.equip.org/free/CP1304.htm On the other hand, the ). 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 (colloquially known as Mormons ) holds a neutral position on the death penalty. Other The Rosicrucian Fellowship and many other Christian esoteric schools condemn the capital punishment in all circumstances. Among fundamentalist Christian denominations in America which support the death penalty, deterrence and incapacitation are cited as the main justification for the death penalty, as forgiveness and redemption is a fundamental attribute of Christian theology. CAPITAL PUNISHMENT IN ARTS AND MEDIA As a capital punishment forms a more important thematic element. Many of these works are abolitionist in nature, but sometimes capital punishment is used as a metaphor for some other theme, such as sacrifice or mortality. The Gospels describe the execution of Jesus Christ at length, and these accounts form the central story of the Christian faith. Depictions of the crucifixion are abundant in Christian Art . Valerius Maximus' story of Damon And Pythias was long a famous example of fidelity. Damon was sentenced to death (the reader does not learn why) and his friend Pythias offered to take his place. Dickens ' '' A Tale Of Two Cities '' ends in a climactic execution, and the image of a man going to the guillotine has become synonymous with the novel. Victor Hugo 's '' The Last Day Of A Condemned Man '' (''Le Dernier Jour d'un condamné'') describes the thoughts of a condemned man just before his execution; also notable is its preface , in which Hugo argues at length against capital punishment. Anaïs Nin 's anthology Little Birds included an erotic depiction of a public execution. William Burroughs ' novel Naked Lunch also included erotic and surreal depictions of capital punishment. In the obscenity trial against Burroughs, the defense claimed successfully that the novel was a form of anti-death-penalty argument, and therefore had redeeming political value. In '' The Chamber '' by John Grisham , a young lawyer tries to save his Klansman grandfather from being executed. The novel is noted for presentation of anti-death penalty materials. Capital punishment has been the basis of many motion pictures including '' Dead Man Walking '' based on the book by Sister Helen Prejean , '' The Green Mile '', and '' The Life Of David Gale ''. '' Prison Break '' is a 2005 television series, whose protagonist attempts to save his brother from his execution by devising a plan that will help them escape from prison. The song "The Mercy Seat" by Nick Cave (also performed by Johnny Cash ) describes a man being executed via the electric chair who maintains his innocence until he is about to die, when he admits to his guilt. " Shock Rock " star Alice Cooper will use three different methods of capital punishment for his stage shows. The three are the guillotine, the electric chair (retired) and hanging (first method/retired). METHODS OF EXECUTION See Also: List of methods of capital punishment EXTERNAL LINKS
Resources opposing capital punishment
Resources favoring capital punishment
Religious views on the death penalty
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