The Death Penalty: A Historical Perspective On Capital Punishment

The death penalty has a long and complex history, with the first established death penalty laws dating back to the 18th century BCE in the Code of King Hammurabi of Babylon. The death penalty was also part of the 14th-century BCE Hittite Code, the 7th-century BCE Draconian Code of Athens, and the 5th-century BCE Roman Law of the Twelve Tablets.

In Britain, hanging became the usual method of execution in the 10th century CE, and the number of capital crimes continued to rise through the following centuries. By the 1700s, 222 crimes were punishable by death in Britain, including stealing, cutting down a tree, and robbing a rabbit warren.

In the United States, the death penalty can be traced to early colonial Virginia, with the first recorded execution taking place in 1608. The death penalty was abolished in the US between 1967 and 1977, but it was reinstated in 1976, and since then, more than 8,500 defendants have been sentenced to death.

Today, the death penalty remains a contentious issue, with varying levels of support and opposition worldwide.

The first death penalty laws date back to the 18th century B.C. in the Code of King Hammurabi of Babylon

The first death penalty laws date back to the 18th century B.C., as outlined in the Code of King Hammurabi of Babylon. The Code of Hammurabi, inscribed on a seven-foot basalt stele, governed the people living in his fast-growing empire. By the time of Hammurabi's death, his empire included much of modern-day Iraq, spanning from the Persian Gulf along the Tigris and Euphrates rivers.

The Code of Hammurabi prescribed the death penalty for over 20 different offences, including theft, perjury, and homicide. The punishments were harsh and depended on the social status of the accused and the accuser. For example, a member of the elite who blinded or broke the bone of a commoner would have to pay one pound of silver as a penalty, while a person who struck someone of higher social status could expect severe punishment, such as flogging.

The Code of Hammurabi also placed a burden on the accuser, stating that if someone made allegations of homicide against another but could not substantiate their guilt, the accuser would be killed. Additionally, judges were held to a certain standard, and the penalties for trying to change a sealed verdict were severe.

Hammurabi's laws became a classic in the ancient world, and copies of them were made as late as the 5th century B.C., over a millennium after his death. The Code of Hammurabi is significant not only for its early establishment of the death penalty but also for its influence on legal systems and its insight into the social structure and values of ancient Babylon.

The death penalty was used in the U.S. colonies as early as 1608

The death penalty has been used as a form of punishment for thousands of years, dating back to the Eighteenth Century B.C. in the Code of King Hammurabi of Babylon. The death penalty was also part of the Fourteenth Century B.C. Hittite Code and the Fifth Century B.C. Roman Law of the Twelve Tablets.

In the U.S., the death penalty was used in the colonies as early as 1608. Captain George Kendall was the first recorded execution in the new colonies. Kendall was executed by firing squad in the Jamestown colony of Virginia for spying on behalf of the Spanish government.

The death penalty was also used in the Massachusetts Bay Colony, which held its first execution in 1630, and in the New York Colony, which instituted the death penalty in 1665.

The use of the death penalty in the U.S. colonies was influenced by Britain, which at the time, allowed for execution by hanging for the crime of murder.

The death penalty was abolished in the U.S. between 1967 and 1977

In the 1950s, public sentiment began to turn against capital punishment. Many allied nations either abolished or limited the death penalty, and in the U.S., the number of executions dropped dramatically. By 1966, support for capital punishment had reached an all-time low, with a Gallup poll showing just 42% approval.

In the early 1960s, the death penalty was increasingly viewed as a "cruel and unusual" punishment and therefore unconstitutional under the Eighth Amendment. In 1958, the Supreme Court decided in Trop v. Dulles that the Eighth Amendment's meaning contained an "evolving standard of decency that marked the progress of a maturing society". This set a precedent for abolitionists to argue that the U.S. had progressed to a point where its "standard of decency" should no longer tolerate the death penalty.

In 1968, the Supreme Court heard two cases dealing with the discretion given to the prosecutor and the jury in capital cases. In U.S. v. Jackson, the Court held that requiring the death penalty to be imposed only upon the recommendation of a jury was unconstitutional. In Witherspoon v. Illinois, the Court held that a potential juror's reservations about the death penalty were insufficient grounds to prevent them from serving on a jury.

In 1972, the death penalty was effectively suspended by the Supreme Court in Furman v. Georgia. The Court ruled that Georgia's death penalty statute, which gave the jury complete sentencing discretion without any guidance, could result in arbitrary sentencing and was therefore deemed "cruel and unusual" and in violation of the Eighth Amendment. This decision commuted the sentences of 629 death row inmates and suspended the death penalty.

However, the Court's ruling in Furman v. Georgia did not abolish the death penalty entirely. Instead, it opened the door for states to rewrite their death penalty statutes to address the issues raised in the case. By 1976, 34 states had enacted new death penalty statutes. The Supreme Court approved these new statutes in Gregg v. Georgia, Jurek v. Texas, and Proffitt v. Florida, collectively referred to as the Gregg decision. This landmark decision reinstated the death penalty in those states and affirmed its constitutionality under the Eighth Amendment.

The ten-year moratorium on executions ended on January 17, 1977, with the execution of Gary Gilmore by firing squad in Utah. This marked the resumption of the death penalty in the U.S. after a period of suspension between 1967 and 1977.

The death penalty was reinstated in the U.S. in 1976

In the years following Furman, advocates of capital punishment began proposing new statutes that they believed would end arbitrariness in capital sentencing. The states were led by Florida, which rewrote its death penalty statute just five months after Furman. Shortly thereafter, 34 other states proceeded to enact new death penalty statutes.

In 1976, the Supreme Court heard the case of Gregg v. Georgia, which concerned the constitutionality of Georgia's newly passed death penalty statute. The Court upheld the statute, and the death penalty was reinstated. The Court also held that the death penalty itself was constitutional under the Eighth Amendment.

The ten-year moratorium on executions that had begun with the Furman decision ended on January 17, 1977, with the execution of Gary Gilmore by firing squad in Utah. Gilmore did not challenge his death sentence.

Since the reinstatement of the death penalty in 1976, more than 8,500 defendants have been sentenced to death, and more than 1,600 have been executed. Most executions are carried out by states. Executions have increased in frequency since 1976, though there has been a decrease in recent years. There were 98 executions in 1999, while there were 17 in 2020.

The death penalty is now banned in 23 U.S. states

The death penalty has a long and complex history, with the first established death penalty laws dating back to the Eighteenth Century B.C. in the Code of King Hammurabi of Babylon. Over the centuries, the death penalty has been used in various forms, including crucifixion, drowning, burning alive, and impalement. In the United States, the death penalty has been a contentious issue, with states holding differing views on its legality and application.

As of 2024, the death penalty is banned in 23 U.S. states, including Massachusetts, New Hampshire, and West Virginia. These states have taken steps to abolish the death penalty and replace it with alternative forms of punishment, such as life imprisonment. In some cases, governors have imposed moratoriums on executions, pending reviews or changes to the death penalty statutes.

The death penalty continues to be a divisive topic in the United States, with some arguing for its deterrence and others highlighting issues such as racial bias and the risk of executing innocent people. The debate surrounding the death penalty is likely to continue, with ongoing discussions about its legality, effectiveness, and ethical implications.

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