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Capital punishment, also known as the death penalty and formerly called judicial homicide, is the state-sanctioned practice of deliberately killing a person as a punishment for an actual or supposed crime, usually following an authorized, rule-governed process to conclude that the person is responsible for violating norms that warrant said punishment. The sentence ordering that an offender be punished in such a manner is known as a death sentence, and the act of carrying out the sentence is known as an execution. A prisoner who has been sentenced to death and awaits execution is condemned and is commonly referred to as being "on death row". Etymologically, the term capital refers to execution by beheading, but executions are carried out by many methods, including hanging, shooting, lethal injection, stoning, electrocution, and gassing.
Capital punishment, also known as the death penalty, is a state-sanctioned practice of killing a person as a punishment for a crime. Historically, capital punishment has been used in almost every part of the world. By the 2010s, the large majority of countries had either abolished or discontinued the practice.
Hanging is killing a person by suspending them from the neck with a noose or ligature. Hanging has been a common method of capital punishment since the Middle Ages, and is the primary execution method in numerous countries and regions. The first known account of execution by hanging is in Homer's Odyssey. Hanging is also a method of suicide.
Capital punishment in the United Kingdom predates the formation of the UK, having been used within the British Isles from ancient times until the second half of the 20th century. The last executions in the United Kingdom were by hanging, and took place in 1964; capital punishment for murder was suspended in 1965 and finally abolished in 1969. Although unused, the death penalty remained a legally defined punishment for certain offences such as treason until it was completely abolished in 1998; the last execution for treason took place in 1946. In 2004 the 13th Protocol to the European Convention on Human Rights became binding on the United Kingdom; it prohibits the restoration of the death penalty as long as the UK is a party to the convention.
In the United States, capital punishment is a legal penalty throughout the country at the federal level, in 27 states, and in American Samoa. It is also a legal penalty for some military offenses. Capital punishment has been abolished in 23 states and in the federal capital, Washington, D.C. Capital punishment is, in practice, only applied for aggravated murder. Although it is a legal penalty in 27 states, only 20 states have the ability to execute death sentences, with the other seven, as well as the federal government, being subject to different types of moratoriums. The existence of capital punishment in the United States can be traced to early colonial Virginia. Along with Japan, South Korea, Taiwan, and Singapore, the United States is one of five advanced democracies and the only Western nation that applies the death penalty regularly. It is one of 54 countries worldwide applying it, and was the first to develop lethal injection as a method of execution, which has since been adopted by five other countries. The Philippines has since abolished executions, and Guatemala has done so for civil offenses, leaving the United States as one of four countries to still use this method. It is common practice for the condemned to be administered sedatives prior to execution, regardless of the method used.
In the U.S. state of California, capital punishment is a legal penalty. However it is not allowed to be carried out as of March 2019, because executions were halted by an official moratorium ordered by Governor Gavin Newsom. Prior to the moratorium, executions were frozen by a federal court order since 2006, and the litigation resulting in the court order has been on hold since the promulgation of the moratorium. Thus, there will be a court-ordered moratorium on executions after the termination of Newsom's moratorium if capital punishment remains a legal penalty in California by then.
Capital punishment in Canada dates back to Canada's earliest history, including its period as a French colony and, after 1763, its time as a British colony. From 1867 to the elimination of the death penalty for murder on July 26, 1976, 1,481 people had been sentenced to death, and 710 had been executed. Of those executed, 697 were men and 13 were women. The only method used in Canada for capital punishment of civilians after the end of the French regime was hanging. The last execution in Canada was the double hanging of Arthur Lucas and Ronald Turpin on December 11, 1962, at Toronto's Don Jail. The military prescribed firing squad as the method of execution until 1999, although no military executions had been carried out since 1946.
Capital punishment in New Zealand – the process of sentencing convicted offenders to death for the most serious crimes and carrying out that sentence, as ordered by a legal system – first appeared in a codified form when New Zealand became a British colony in 1840. It was first carried out with a public hanging in Victoria Street, Auckland in 1842, while the last execution occurred in 1957 at Mount Eden Prison, also in Auckland. In total, 85 people have been executed in New Zealand.
Capital punishment in Singapore is a legal penalty. Executions in Singapore are carried out by long drop hanging, and they usually take place at dawn. Thirty-three offences—including murder, drug trafficking, terrorism, use of firearms and kidnapping—warrant the death penalty under Singapore law.
Wrongful execution is a miscarriage of justice occurring when an innocent person is put to death by capital punishment. Cases of wrongful execution are cited as an argument by opponents of capital punishment, while proponents say that the argument of innocence concerns the credibility of the justice system as a whole and does not solely undermine the use of the death penalty.
Capital punishment is a legal punishment in Japan. In practice, the death penalty applies only to aggravated murder, but the current Penal Code and several laws lists 16 crimes for which the death penalty applies, including conspiracy to commit civil war, conspiracy with a foreign power to provoke war against Japan, murder, obstruction of the operation of railroads, ships, or airplanes resulting in the death of the victim, poisoning of the water supply resulting in the death of the victim, intentional flooding, use of a bomb, and arson of a dwelling. Executions are carried out by long drop hanging, and take place at one of the seven execution chambers located in major cities across the country.
Capital punishment in the Philippines specifically, the death penalty, as a form of state-sponsored repression, was introduced and widely practiced by the Spanish government in the Philippines. A substantial number of Filipino national martyrs like Mariano Gómez, José Burgos, and Jacinto Zamora, Thirteen Martyrs of Cavite, Thirteen Martyrs of Bagumbayan, Fifteen Martyrs of Bicol, Nineteen Martyrs of Aklan and Jose Rizal were executed by the Spanish government.
Capital punishment in Australia was a form of punishment in Australia that has been abolished in all jurisdictions. Queensland abolished the death penalty in 1922. Tasmania did the same in 1968. The Commonwealth abolished the death penalty in 1973, with application also in the Australian Capital Territory and the Northern Territory. Victoria did so in 1975, South Australia in 1976, and Western Australia in 1984. New South Wales abolished the death penalty for murder in 1955, and for all crimes in 1985. In 2010, the Commonwealth Parliament passed legislation prohibiting the re-establishment of capital punishment by any state or territory. Australian law prohibits the extradition or deportation of a prisoner to another jurisdiction if they could be sentenced to death for any crime.
Steven Timothy Judy was an American mass murderer and suspected serial killer who was convicted of murdering Terry Lee Chasteen and her three children: Misty Ann, Steve, and Mark, on April 28, 1979. He was executed for the murders on March 9, 1981, via electrocution, becoming the first person to be executed in Indiana since 1961.
Capital punishment was completely abolished in Hungary on 24 October 1990 by the Constitutional Court. A month later on 1 December 1990 protocol No. 6 to the ECHR came into force. Hungary later adopted the Second Optional Protocol to the ICCPR as well. The last condemned man to be executed, Ernő Vadász, was hanged for the crime of murder on 14 July 1988. In April 2015, following the murder of a woman in southern Hungary, Prime Minister Viktor Orbán suggested that Hungary must reinstate capital punishment. This statement caused a strong reaction by EU officials, and Orbán had to retract it as a result. The European Union holds a strong opposition against the death penalty in its relation to the Action Plan on Human Rights and Democracy.
Capital punishment is not a legal punishment in the Independent State of Papua New Guinea.
Capital punishment as a criminal punishment for homosexuality has been implemented by a number of countries in their history. It currently remains a legal punishment in several countries and regions, most of which have sharia-based criminal laws except for Uganda. Gay people also face extrajudicial killings by state and non-state actors, as in Chechnya in 2019, though it is denied by the Chechen authorities and Russia.
Robert Charles Gleason Jr. was an American serial killer who was sentenced to death and executed in Virginia for two separate murders of two of his cellmates. Gleason, who was already serving a life sentence for another murder, was an execution volunteer who vowed to continue killing in prison if he was not put to death. Capital punishment was abolished in Virginia on March 24, 2021, officially making Gleason the last person to be executed in Virginia by electrocution.
References
- Chisholm, Murray (2020). Capital Punishment and Clemency in Papua New Guinea, 1954 to 1965. Australian National University (Thesis). doi:10.25911/5e0db8de1887f.
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