Introduction
The death penalty, also referred to as capital punishment, has a long and problematic history that spans several civilizations and cultures. In most cases, executions are exclusively used for murder crimes; however, other severe misconducts can also attract judicial murder depending on a region’s laws. According to a report, in 2022, there were approximately 883 executions in 20 nations globally (Death Penalty Information Center [DPIC], 2023a).
This is estimated to be a 53% rise from the 579 killings in 18 countries in 2021, making it the peak since 2017 (DPIC, 2023a). Globally, the leading executioners include China, Egypt, Saudi Arabia, and Iran (Amnesty International, 2022). Nevertheless, the frequency of executions has significantly dwindled over the years. For instance, in 2021, about 28,670 people were on death row compared to 2016 individuals in 2022 (DPIC, 2023). This paper aims to explore the historical context of the death penalty.
Historical Context of Capital Punishment and Where It Is Now
The origin of the death sentence is deeply tied to ancient societies. In early civilizations, different cultures had unique methods and reasons for executing people charged with various crimes. In these societies, executions were regarded as a way to deter people from misconduct or exerting revenge. The offenders were hanged, drowned, burned, or crucified (Allen et al., 2019).
As early as the 5th century, individuals accused of murder, theft, perjury, and libel were sentenced to death under Roman law (DPIC, 2023b). The practice was implemented through impalement, crucifixion, torture to death, drowning, and being buried alive (DPIC, 2023b). Other civilizations that allowed capital sentences included the Greeks and Babylonians (DPIC, 2023b). Nevertheless, the execution tactics were distinct for the nobles, freemen, and enslaved people.
Capital punishment was prevalent in medieval Europe and was used for different crimes. The execution was performed through boiling, beheading, hanging, and being drawn and quartered (DPIC, 2023b). For instance, in medieval Europe, the practice of marrying a Jew was punishable by burning to death (DPIC, 2023b). Britain’s history of judicial murder influenced its colonies to adopt the practice. As a result, the earliest execution in the United States occurred in 1608 when British officials killed George Kendall for being a Spanish spy (DPIC, 2023b).
Nevertheless, the 18th-century Enlightenment era brought about some alterations to the death verdicts. Philosophers such as Montesquieu, Cesare Beccaria, and Voltaire introduced modifications to capital verdicts by arguing that they were inhumane and unproductive and should only be limited to murder and treason (Bessler, 2023). More changes were introduced to the death sentences in the 19th and 20th centuries, leading to their abolishment in some nations while others embraced more civilized execution techniques (Bessler, 2023). Thus, the practices revolving around capital sentences have significantly evolved globally.
In contemporary society, the increased mobilization by human rights associations, international agreements, and public opinion polls have shaped the regulations surrounding capital sentences in different countries. Consequently, around 108 nations, which form two-thirds of the global governments, have abolished capital sentences (Amnesty International, 2022). However, other nations such as China, Saudi Arabia, and Iran continue to enact executions as deterrence for different offenses. In addition, in countries such as the United States, capital sentences are only allowed in about 27 states (Elfer & Place, 2021). Generally, the predominance of capital sentences has declined globally in recent years due to the increasing concern about human rights violations.
Thoughts on Needed Changes
Although the practice of death sentences has considerably decreased over the years, there is a necessity for further changes. Based on a moral and ethical perspective, the irrevocable nature of capital punishment triggers many concerns. The risk of killing innocent people, coupled with the issues of systemic bias and insufficient legal representation, challenges the principles of justice and fairness (Allen et al., 2019). From a structural viewpoint, reforms in the judicial systems and prisons are imperative. In this case, improving forensic procedures, increasing the defendants’ access to legal resources, and upholding transparency in the criminal system can address the risks of wrongful convictions.
A thorough assessment of the legal processes regarding state-ordered executions needs to be done to address the systemic flaws in the justice system and eradicate socio-economic and racial biases. Similarly, a critical reevaluation of the criteria for imposing judicial execution is required to limit its application to the most atrocious crimes (Allen et al., 2019). These changes are feasible but may require constant efforts by activists, legal scholars, policymakers, and the public. The increased focus on human rights in the international community and mobilization by organizations such as Amnesty International can help implement these changes.
Conclusion
The practice of capital punishment has been influenced by evolving societal norms and judicial systems throughout history. In recent years, much progress has been made to lessen the use of state-ordered murders. Nevertheless, more reforms are required in the legal processes and systemic structures to ensure a more humane and fair approach to justice. The collective efforts of the global society can redesign the narrative of government executions, leading to their abolition and the adoption of more humane sentences that align with the principles of justice, human rights, and fairness.
References
Allen, H. E., Latessa, E. J., Ponder, B.S. (2019). Corrections in America: An introduction (15th ed). Pearson.
Amnesty International. (2022). Death penalty 2021: Facts and figures. Web.
Bessler, J. D. (2023). The philosophy of punishment and the arc of penal reform: From ancient lawgivers to the renaissance and the enlightenment, and through the nineteenth century. In Altman. M. C. (ed), The Palgrave handbook on the philosophy of punishment (pp. 23-52). Palgrave Macmillan.
Death Penalty Information Center. (2023a). Executions around the world. Web.
Death Penalty Information Center. (2023b). Early history of the death penalty. Web.
Elfer, H., & Place, N. (2021). America’s death map: Which US states still have capital punishment, and who uses it the most? The Independent. Web.