History of Death Penalty

This Article is written by Subhashmin Moharana, of 2^nd semester of NLUO

Abstract

In this fast crime, fast punishment world, is capital punishment relevant in deterring people to commit any more severe crimes. In India, the latest capital punishment was given to gang rapists of Nirbhaya[1] case. It is still debatable if taking someone’s life benefits the society because rape cases have not gone down even after death sentence was given to the criminals. We can only know the reason for its practice in today’s world, if we understand why humans came up with it in the first place. We will know what the difference is today and why it is not effective anymore or if it is then why.  In this article we will know how our historical past with governance, law and punishment shaped the present legal framework on death penalty. 

Keywords: History, Relevance, Death penalty

Introduction

The topic of the capital punishment, also known as capital punishment, is one that has long been debated by legal scholars and members of the public alike. It is a form of punishment that involves the deliberate and planned to take of a human life by a government, typically in response to a crime committed by a legally convicted person[2]. While supporters of the capital punishment argue that it serves as a deterrent against serious crimes, opponents argue that it violates human rights and is the ultimate cruel, inhuman, and degrading punishment. For a better understanding of the issue of the capital punishment, it is necessary to examine its historical context and development over time. The use of capital punishment has been recorded throughout history, with examples dating back to ancient civilizations such as the Babylonians, Egyptians, and Greeks. Over time, the use of the capital punishment has varied widely across different cultures and regions, with crimes that carry the capital punishment ranging from murder and treason to theft and kidnapping. Today, the use of the capital punishment remains a controversial topic both nationally and internationally. While some argue that the capital punishment is necessary to protect society and serve as a deterrent against severe crimes, others argue that it violates fundamental human rights and is an outdated form of punishment that has no place in modern society. To better understand the nuances of this complex issue, it is necessary to examine both the arguments for and against the capital punishment, as well as the historical and cultural factors that have influenced its use over time. This research article will aim to provide a comprehensive overview of the capital punishment, examining its history, evolution, and contemporary use in different parts of the world. Through this exploration, I hope to provide readers with a deeper understanding of the complex issues surrounding capital punishment.

Definition of the capital punishment

Capital punishment, also known as the capital punishment, is a government-sanctioned practice of deliberately taking the life of a legally convicted individual in response to a committed crime.[3] While some argue in favour of the capital punishment as a just punishment for those who commit murder under certain circumstances, others, including Amnesty International, see it as a violation of human rights and the ultimate form of cruel and degrading punishment. The capital punishment is used to varying degrees around the world, and the crimes for which it is punished also vary, from theft to murder and treason. In India, the capital punishment is awarded only in the “rarest of rare cases”. Despite its controversial nature, the issue of the capital punishment remains an ongoing debate, and there is no definitive evidence to support its abolition or retention. While most may support the capital punishment, some argue that it is morally wrong for the state to take life. Supporters of the capital punishment say it provides closure for the families of murder victims and serves as a deterrent to future offenders. Others argue that long-term incarceration may be a safer and more cost-effective option. The principle of “an eye for an eye” as a justification for retribution is also a subject of debate in modern society. There is ongoing discussion about whether the capital punishment deters crime, as it is typically used as a punishment rather than a preventative measure, and only a small percentage of murderers are sentenced to death in the first place. This article employs a present-to-past method to explore the reasons behind the use of the capital punishment.

Current Status of Death Penalty in India

Last month, a special court in India’s Uttar Pradesh state sentenced seven men suspected of being Islamic State (IS) militants to death. The man was charged with terrorist activities, including a train bomb explosion in 2017, and was involved in “online radicalization” to promote IS ideology in India. Although hailed as a “milestone”, the capital punishment is still a hotly debated topic in the country. Indian courts can impose the capital punishment for crimes such as murder, sexual violence against children and terrorism. However, his Bachan Singh case in 1980 led to the establishment of the “rare of rare” doctrine, meaning that courts should impose the capital punishment only in exceptional cases. The guidelines also required judicial precedents to consider both the crime and the prisoner’s circumstances before passing sentences. Despite the Guidelines’ emphasis on reform justice, many issues remain unresolved, and the imposition of death sentences is thus imperfect, arbitrary and potentially discriminatory. In 2015, a judicial commission report called for the abolition of the capital punishment, except in cases related to terrorism, arguing that the capital punishment is unconstitutional and violates Articles 14 and 21 of the Indian Constitution. A total of eight executions have been carried out in India since 2000, and last year he was sentenced to death with 165 people. This is his highest number in over 20 years. About 488 people are currently awaiting execution in India. The Supreme Court’s last execution was in March 2020, when four people convicted of the 2012 Delhi gang rape and murder were executed at Delhi’s Tihar Prison. The current legal framework for the capital punishment in India suggests that crimes are punishable by death only in cases of murder, sexual violence against children and terrorism. The capital punishment also applies to certain offenses under the Armed Forces (Special Powers) Act 1958 and the Narcotic and Psychotropic Substances Act 1985.  

Present status of death penalty in the globe

Countries[4] that have abolished the capital punishment:

By 2021, 108 countries have abolished the capital punishment for all crimes. This includes countries such as Canada, Australia, much of Europe and most recently Kazakhstan. Some countries have abolished the capital punishment, but it is still in the legal system. For example, in Russia he has not been executed since 1996, but the capital punishment is still a legal punishment in the country.

Countries that still practice capital punishment:

As of 2021, 55 countries have adopted the capital punishment as a punishment. These countries include China, Iran, Saudi Arabia, Vietnam and the United States. However, the application of the capital punishment in these countries varies greatly. For example, China is believed to carry out the most executions each year, but the exact number is a state secret. In contrast, some countries, such as Singapore and Saudi Arabia, have very strict laws and frequent executions.

Execution method:

Enforcement methods used by countries vary widely. Some countries use lethal injections, while others use hangings, decapitations, or firing squads. Other countries are known to use more cruel methods such as stoning and crucifixion.

Disputes and Debates:

The application of the capital punishment is a highly controversial issue and there are many discussions about it. Proponents of the capital punishment argue that it is a necessary punishment for serious crimes such as murder and that it serves as a deterrent to criminals. It is a form of punishment and there is no evidence that it is an effective deterrent to crime. There are also concerns about the possibility of innocent people being executed and the impact of the capital punishment on marginalized communities. 

Death penalty in colonial era of the world

The use of the capital punishment for murder in Britain was suspended for five years in 1965 and became permanent in 1969. However, it was not until 1998 that the capital punishment was abolished for all crimes in Britain. The capital punishment is outlawed in the UK and has not been carried out for almost 60 years. While several countries in the Middle East still use the capital punishment, the number of countries that allow the capital punishment has gradually declined since the 1970s. The movement to abolish the capital punishment gained momentum after World War II with the Universal Declaration of Human Rights adopted by the United Nations in 1948. Despite debates over the issue, it took decades for the abolitionist movement to gain significant ground. However, a turning point occurred in the 1980s with the drafting of an international treaty declaring the abolition of the capital punishment, and countries began removing it from their criminal codes at increasing rates. Despite resistance from some countries, the trend toward abolition has continued to grow, with increasing pressure from national governments, international lawyers, and nongovernmental organizations. Factors such as form of government, population size, socioeconomic development, colonial heritage, dominant religion, and ethnic fragmentation are examined in relation to death penalty usage.

The capital punishment was a feature of British[5] colonial law, and it was applied in various forms across the British Empire. In some cases, colonial authorities used the capital punishment as a tool for supporting control over colonized populations, punishing political dissidents, and suppressing anti-colonial movements. The capital punishment was also used in cases of serious crime, such as murder, piracy, and rebellion. However, there were some efforts to reform colonial death penalty laws, particularly in the 19th century, and there were occasional instances of clemency granted to those sentenced to death. After World War II, the movement to abolish the capital punishment gained momentum in both Britain and its colonies, and many former colonies have since abolished the capital punishment. Today, only a few former British colonies, including India, Pakistan and Bangladesh, still retain the capital punishment.

The capital discipline was in constrain in all major European nations that had colonies, but Portugal and the Netherlands. Portugal and the Netherlands cancelled the capital discipline for common wrongdoings in 1867 and 1870, separately. This proposes that Britain’s colonial bequest may have made executions more likely to require put, as the capital discipline was broader in Britain than in mainland Europe. Be that as it may, the effect of the colonial legacy is likely to decrease over time and it makes sense to consider as it were the position of conditions over the final 100 a long time or so. A nation that has been beneath outside run the show for 10 consecutive a long time, from 1920 to the show, contains a colonial legacy. It is critical to note that the previous British colonies are recognized from all other states in their application of the capital discipline, but the bequest of other colonies such as France must moreover be considered. However, only a limited number of countries were under rule other than Britain and France during this period, so the focus is on the colonial heritage of these two countries.

Another argument suggests that ethnic heterogeneity may influence the use of the capital punishment. Ethnically isolated social orders are seen as unsteady and conflict-ridden, requiring cruel disciplines to preserve arrange and bring minorities beneath the control of the lion’s share. Be that as it may, observational prove appears small affiliation between the degree of ethnic division and the utilize of the capital discipline around the world. Ethnicity is broadly characterized by race, dialect, and religion. Discrimination indices based on racial or linguistic differences were calculated according to Rae and Taylor’s segregation measure. 

Religion and death penalty

Attitudes toward the capital punishment are tied to religious beliefs, but the relationship between religion and the capital punishment is not ambiguous. Christianity and Islam are both religions that recognize and justify the capital punishment in their holy scriptures. However, the Catholic Church was vocal in its support for the abolition of the capital punishment, and Christianity became increasingly critical of the capital punishment. God himself was the victim of the tragic death penalty. In contrast, Islam sees religion and politics as intertwined, with laws given by God and immutable by humans. Although few Muslim countries base their legal system primarily on Sharia, Muslim teachings in Islamic countries are more influential than Christian teachings in Christian-dominated countries. Contrasting to these religions, Buddhism is contrary to the violence and obviously stands against death penalty.  The capital punishment in Hinduism is a highly controversial issue that has been debated for years. Some claim it acts as a deterrent and punishment for heinous crimes, while others consider it a violation of basic human rights. There are also people. In the context of Hinduism, where the concepts of karma and reincarnation stand out, the debate over the capital punishment becomes even more nuanced. According to this philosophy, every action has consequences that will manifest itself in the future life. This belief raises important questions: Is the capital punishment consistent with the principles of karma and reincarnation? Some argue that the capital punishment can be viewed as a form of retribution for horrific crimes committed in previous lives, and that it serves as a means for individuals to pay off their karmic debts. However, some argue that killing people violates one of the core values ​​of Hinduism, the basic principle of ahimsa (non-violence). Additionally, some Hindus believe that forgiveness and rehabilitation are a more compassionate approach to offenders than harsh punishments such as the capital punishment. They argue that it is not up to us to decide who lives or dies, only God has that authority. As to whether the capital punishment is compatible with Hinduism, the definitive answer is Not, but I would say that this issue needs careful consideration from a theological and ethical point of view. For better solutions, proponents suggest alternative forms of justice such as rehabilitation programs and community services. These are seen as more in line with core spiritual beliefs of non-violence and good karma than the capital punishment. Moreover, this extreme measure raises ethical questions that are not fool proof as there is a risk of unlawfully punishing innocent people. The time has come for Hindus to instead consider these alternative options and put an end to this controversy and controversy that has raged for centuries.  

Death penalty in ancient world

The ancient Greeks and Romans were known for their severe punishment when it came to treason. In fact, both civilizations stipulated the capital punishment for those who committed this crime. The Twelve Tables, a legal code adopted by the Roman Republic around 450 BC. Similarly, the Greek playwright Aeschylus wrote in his famous tragedy “The Oresteia” how traitors should be punished. He believed that those who betrayed his people deserved death, and even suggested throwing them off a cliff as a form of execution. However, not all treason was treated equally. Both Greece and Rome distinguished between different types of treachery, such as espionage and inciting rebellion. Depending on the severity of the crime, penalties range from fines and imprisonment to deportation and even physical torture before execution. It is interesting to note that while these societies are considered brutal when it comes to criminal justice by today’s standards, they still place great emphasis on fairness and due process. Evidence was presented before a judicial hearing and a verdict. Rebellion was not taken lightly in ancient Greece and Rome. The fear created by the dire consequences caused citizens to think twice before engaging in actions deemed disloyal to their respective governments.

Aeschylus’ The Oresteia is a trilogy of Greek tragedies about justice, revenge, and redemption. The play follows the story of Agamemnon’s family after he returns from the Trojan War and is murdered by his wife Clytemnestra. The play deals with the complexities of morality and punishment in ancient Greece. Plato’s Gorgias deals with similar themes in examining the nature of justice and its relationship to power. Plato presents a dialogue between Socrates and several Athenian intellectuals on subjects such as rhetoric, politics, ethics, and knowledge. Sallust’s The Wars of Catiline, The Jugurtine Wars, and The History provide insight into Roman history during times of political turmoil. These works depict conspiracies against Rome, campaigns in Africa, corruption within society, and other historical events that shaped ancient Rome. VerSteeg’s book provides an overview of the Greek and Roman legal systems. He highlights distinct differences between the two societies while covering various legal concepts such as property rights, contracts, criminal law, and penalties. All these literary works give us an understanding of ancient Greek and Roman life, social norms, and values. political structures; socio-economic conditions; religious views; and philosophical thought.

The origins of capital punishment can be traced back to the 18th century BC. Traceback. The Code of King Hammurabi of Babylon provided for the capital punishment for 25 different crimes. 14th-century BC Hittite Code, a strict law book of 7th-century BC Athens. and his Roman Law of the Twelve Tables of the 5th century BC. The punishment included the capital punishment. A variety of cruel methods were used to carry out executions, including crucifixion, drowning, beating, burning at the stake, and impalement. By the 10th century AD, hanging had become the most common method of execution in England. However, during the reign of William the Conqueror in the 11th century, capital punishment was limited to wartime. However, in the 11th century, during the reign of William the Conqueror, the capital punishment was limited to wartime. This was overruled by Henry VIII in his 16th century, when an estimated 72,000 people were executed for various crimes such as cooking, burning at the stake, hanging, decapitation, pulling and quartering.[6] Even minor crimes such as marrying a Jew, failing to confess to a crime, and high treason could lead to execution. As time went on, the number of death penalty crimes in Britain continued to rise. Around 1700, 222 crimes were punishable by death, including stealing, cutting trees, and poaching rabbits. Grand juries were reluctant to convict misdemeanour defendants because of the severity of their sentences. This led to reform of the capital punishment in England. Between 1823 and his 1837, more than 100 of his 222 crimes involving the capital punishment were eliminated. 

Conclusion

The history of the capital punishment is a long and complex one, dating back to ancient civilizations such as Babylon, Rome, and Athens. Over the centuries, various means and modes of capital punishment have been employed, including crucifixion, drowning, beating, burning alive, impalement, hanging, beheading, boiling, and drawing and quartering. As time passed, many countries began to reconsider the use of the capital punishment, with some abolishing it altogether or restricting it to only the most serious offenses. Others, however, continue to use it as a form of punishment for a range of crimes. The debate over the use of the capital punishment remains a contentious one, with arguments on both sides relating to its effectiveness as a deterrent, its morality, and its potential for error and discrimination. As society continues to evolve, it is likely that the debate over the use of the capital punishment will continue to be an important issue for years to come.

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[1] Mukesh & Anr v. State for NCT of Delhi & Ors. (2017) 6 SCC 1

[2] S.R. Mohapatra, A. Ranjan “Evolution of the Process of Punishment in India.” Issue 2 Int’l JL Mgmt. & Human. 4 (2021): 2999.

[3]Hood, R. (2002). The capital punishment: A Worldwide Perspective. Oxford University Press.

[4]Amnesty International. “Death Penalty 2021 Statistics.” YouTube, 21 April 2021, https://www.youtube.com/watch?v=F7h6U6oZ2Zc Accessed 7 May 2023.

[5] Bailey, Victor. “The capital punishment in British History: Review Article,” vol. 2, (1), Punishment & Society, January 2000 http://kuscholarworks.ku.edu/dspace/  accessed on 5-05-2023.

[6] R. Larson. (2017, October 31). Types of Execution and Victims of Henry VIII. [Blog post]. TudorsDynasty.com. https://tudorsdynasty.com/types-execution-victims-henry-8/ Retrieved May 6, 2023, from