Capital punishment, also known as the death penalty, is the execution of a convicted criminal by the state as punishment for a crime. It is considered as ultimate denial of human rights by human rights group, severing the body from the soul. Yet it has been used worldwide for millennia, in societies ancient and modern.

The Origins and History of Capital Punishment

The earliest records of capital punishment date back to 18th century BCE in the Code of King Hammurabi of Babylon. Death was prescribed for crimes such as murder, robbery, adultery and incest. Ancient China prescribed death for a multitude of crimes including treason, cowardice in battle, disrespect to elders, and desecration of temples.

Methods of execution also have a long history, often reflecting the customs of societies. Stoning, drowning, crucifixion, burning at the stake, and beheading have been used around the world as forms of capital punishment. The more "modern" methods - hanging, firing squad, gas chamber, electric chair, and lethal injection - were products of the late 19th and 20th centuries.

In Europe and the American colonies, capital punishment was prevalent, with offenses running the gamut from murder and rape to adultery, blasphemy, horse-stealing, and rioting. Progressive movements in the 18th and 19th centuries advocated for less painful methods of execution and the reduction of capital crimes. Many American colonies limited death sentences to murder and treason. By the mid-20th century, capital punishment had declined in Western Europe but remained prevalent in the United States.

Debating the Morality and Constitutionality

There has always been moral and ethical debate around capital punishment. Opponents view it as inhumane, criticizing the irreversible nature of death and the possibility of wrongful executions. Major religious institutions are divided, with Buddhist and Catholic leaders notably opposing it. Supporters argue it serves justice and closure for victims and families. The "eye for an eye" ideology persists in many cultures.

In the United States, opponents of capital punishment argued it violated the 8th Amendment prohibiting "cruel and unusual punishment." This spurred legal challenges in the 1960s, including Furman v. Georgia in 1972, which led to a de facto moratorium on executions nationwide. States responded by re-drafting death penalty laws, aiming to reduce arbitrary application and racial bias. When executions resumed in 1976, it ushered in the "modern" era of capital punishment.

The Modern Era of Capital Punishment

Since the Supreme Court reinstated capital punishment in 1976, there have been over 1,500 executions in the United States, mostly by lethal injection. All executions are carried out by states, except for the federal government and the U.S. military.

Methods of execution have continued to evolve. Electrocution and gas chambers were largely phased out in favour of lethal injection, seen as more humane. However, critics argue even lethal injection can result in botched executions causing undue suffering. Methods return to debate, such as Oklahoma approving nitrogen hypoxia in 2015 amid lethal injection drug shortages.

Capital punishment remains legal in 27 states, though Colorado, Virginia, Oregon, and Pennsylvania have governor-issued moratoriums. Several states, including California, have larger death row populations than they do executions. Executions and death sentences have declined steadily since peaking in the 1990s. Public support has also fallen, from a high of nearly 80% in 1994 to around 55% in recent years.

Wrongful Convictions and Innocence Claims

Over 150 death row inmates have been exonerated since 1973, strengthening critics' arguments of wrongful convictions. Advancements in forensic science, like DNA analysis, have assisted many innocence claims. Racial bias, false confessions, eyewitness misidentification, inadequate counsel, and prosecutorial misconduct are factors in wrongful convictions. Some death penalty critics maintain it is morally untenable for even one innocent person to be executed.

The Evolution of Capital Crimes

In 1977, the Supreme Court ruled mandatory death sentences unconstitutional. Since then, capital crimes have narrowed significantly, mostly to aggravated murders involving multiple victims, murder of a child, murder by incarcerated criminals, and murder for hire. Treason and espionage remain capital crimes. Large-scale drug trafficking was removed from federal capital crimes in 2021.

Debate around capital punishment endures. For its proponents, it remains the sole justice for humanity's very worst crimes. For opponents, it defies human rights, constitutionality, and the chance of executing the innocent. As the law shifts amid these societal questions, capital punishment stands at a crossroads in America's criminal justice system.

References:

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