Capital punishment

However, states have also imposed punitive executions, for an expansive range of conduct, for political or religious beliefs and practices, for a status beyond one's control, or without employing any significant due process procedures.

[14] In pre-modern times the executions themselves often involved torture with painful methods, such as the breaking wheel, keelhauling, sawing, hanging, drawing and quartering, burning at the stake, crucifixion, flaying, slow slicing, boiling alive, impalement, mazzatello, blowing from a gun, schwedentrunk, and scaphism.

"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.

The Torah/Old Testament lays down the death penalty for murder,[19] kidnapping, practicing magic, violation of the Sabbath, blasphemy, and a wide range of sexual crimes, although evidence[specify] suggests that actual executions were exceedingly rare, if they occurred at all.

[30] A historic debate, followed by a vote, took place in the Roman Senate to decide the fate of Catiline's allies when he attempted to seize power in December, 63 BC.

When abolishing the death penalty, Xuanzong ordered his officials to refer to the nearest regulation by analogy when sentencing those found guilty of crimes for which the prescribed punishment was execution.

Strangulation was the prescribed sentence for lodging an accusation against one's parents or grandparents with a magistrate, scheming to kidnap a person and sell them into slavery and opening a coffin while desecrating a tomb.

The 12th-century Jewish 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."

[52] The severity of the so-called Bloody Code was often tempered by juries who refused to convict, or judges, in the case of petty theft, who arbitrarily set the value stolen at below the statutory level for a capital crime.

In the past, cowardice, absence without leave, desertion, insubordination, shirking under enemy fire and disobeying orders were often crimes punishable by death (see decimation and running the gauntlet).

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.

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.

The penalty for crimes committed in peacetime was then reinstated and abolished again twice (1938–1953 and 1969–1978), but on those occasions it was restricted to acts of terrorism or subversion considered "internal warfare" and all sentences were commuted and not carried out.

In the United Kingdom, it was abolished for murder (leaving only treason, piracy with violence, arson in royal dockyards and a number of wartime military offences as capital crimes) for a five-year experiment in 1965 and permanently in 1969, the last execution having taken place in 1964.

[73] Protocol 13 to the European Convention on Human Rights, first entering into force in 2003, prohibits the death penalty in all circumstances for those states that are party to it, including the United Kingdom from 2004.

In South Australia, under the premiership of then-Premier Dunstan, the Criminal Law Consolidation Act 1935 (SA) was modified so that the death sentence was changed to life imprisonment in 1976.

[74] Most nations, including almost all developed countries, have abolished capital punishment either in law or in practice; notable exceptions are the United States, Japan, Taiwan, and Singapore.

[92] The only retentionist country in Europe is Belarus and in March 2023 Belarusian President Alexander Lukashenko signed a law which allows to use capital punishment against officials and soldiers convicted of high treason.

[119] The support and sentencing of capital punishment has been growing in India in the 2010s[120] due to anger over several recent brutal cases of rape, even though actual executions are comparatively rare.

In the Helvetic Republic, the death penalty for children and youth under the age of 16 was abolished in 1799[150] yet the country was already dissolved in 1803 whereas the law could remain in force if it was not replaced on cantonal level.

A majority of countries are also party to the U.N. International Covenant on Civil and Political Rights (whose Article 6.5 also states that "Sentence of death shall not be imposed for crimes committed by persons below eighteen years of age...").

[162][163] The past executions of Mahmoud Asgari, Ayaz Marhoni and Makwan Moloudzadeh became the focus of Iran's child capital punishment policy and the judicial system that hands down such sentences.

[182] Social historians note that beginning in the 20th century in the U.S. and western Europe, death in general became increasingly shielded from public view, occurring more and more behind the closed doors of the hospital.

[191][192] Notably, drug couriers like Yong Vui Kong and Cheong Chun Yin successfully applied to have their death sentences replaced with life imprisonment and 15 strokes of the cane in 2013 and 2015 respectively.

[214] There are many organizations worldwide, such as Amnesty International,[215] and country-specific, such as the American Civil Liberties Union (ACLU), whose main purpose includes abolition of the death penalty.

[229]In one of the most recent cases relating to the death penalty in Singapore, activists like Jolovan Wham, Kirsten Han and Kokila Annamalai and even the international groups like the United Nations and European Union argued for Malaysian drug trafficker Nagaenthran K. Dharmalingam, who has been on death row at Singapore's Changi Prison since 2010, should not be executed due to an alleged intellectual disability, as they argued that Nagaenthran has low IQ of 69 and a psychiatrist has assessed him to be mentally impaired to an extent that he should not be held liable to his crime and execution.

They also cited international law where a country should be prohibiting the execution of mentally and intellectually impaired people in order to push for Singapore to commute Nagaenthran's death penalty to life imprisonment based on protection of human rights.

[284] The newly created South Sudan is among the 111 UN member states that supported the resolution passed by the United Nations General Assembly that called for the removal of the death penalty, therefore affirming its opposition to the practice.

A total of 16 MEPs undersigned the letter expressing their grave concern towards the extended abuse of human rights in Bahrain following the arbitrary arrest and detention of activists and critics of the government.

The attendees of the meeting were requested to demand from their Bahraini counterparts to take into consideration the concerns raised by the MEPs, particularly for the release of Abdulhadi Al-Khawaja and Sheikh Mohammed Habib Al-Muqdad, the two European-Bahraini dual citizens on death row.

Anarchist Auguste Vaillant about to be guillotined in France in 1894
The Christian Martyrs' Last Prayer , by Jean-Léon Gérôme (1883). Roman Circus Maximus .
The breaking wheel was used during the Middle Ages and was still in use into the 19th century.
The burning of Jakob Rohrbach, a leader of the peasants during the German Peasants' War
Antiporta of Dei delitti e delle pene ( On Crimes and Punishments ), 1766 ed.
Mexican execution by firing squad , 1916
50 Poles tried and sentenced to death by a Standgericht in retaliation for the assassination of 1 German policeman in Nazi-occupied Poland , 1944
Emperor Shōmu banned the death penalty in Japan in 724.
Leopold I, Grand Duke of Tuscany (later Leopold II, Holy Roman Emperor ), abolished the death penalty throughout his realm in 1786, making it the first country in modern history to do so.
A map showing U.S. states where the death penalty is authorized for certain crimes, even if not recently used. The death penalty is also authorized for certain federal and military crimes .
States with a valid death penalty statute
States without the death penalty
Number of abolitionist and retentionist countries by year
Number of retentionist countries
Number of abolitionist countries
Mother Catherine Cauchés (center) and her two daughters Guillemine Gilbert (left) and Perotine Massey (right) with her infant son burning for heresy
Red Guard prisoners being executed by the Whites in Varkaus , North Savonia during the 1918 Finnish Civil War .
Sign at the Taiwan Taoyuan International Airport warning that drug trafficking is a capital crime in the Republic of China (2005)
Execution of a war criminal in Germany in 1946
A gurney at San Quentin State Prison in California formerly used for executions by lethal injection
Capital punishment was abolished in the United Kingdom in part because of the case of Timothy Evans , who was executed in 1950 after being wrongfully convicted of two murders that had in fact been committed by his landlord, John Christie . The case was considered vital in bolstering opposition, which limited the scope of the penalty in 1957 and abolished it completely for murder in 1965.
Same-sex intercourse illegal:
Death penalty in legislation, but not applied
Article 2 of the Charter of Fundamental Rights of the European Union affirms the prohibition on capital punishment in the EU.
Signatories to the Second Optional Protocol to the ICCPR: parties in dark green, signatories in light green, non-members in grey