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Capital punishment, also known as the death penalty and formerly called judicial homicide, is the state-sanctioned killing of a person as punishment for actual or supposed misconduct. 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 called the death penalty, is the state-sanctioned killing of a person as a punishment for a crime. It has historically been used in almost every part of the world. Since the mid-19th century many countries have abolished or discontinued the practice. In 2022, the five countries that executed the most people were, in descending order, China, Iran, Saudi Arabia, Egypt, and the United States.
In the United States, capital punishment is a legal penalty in 27 states, throughout the country at the federal level, and in American Samoa. It is also a legal penalty for some military offenses. Capital punishment has been abolished in the other 23 states and in the federal capital, Washington, D.C. It is usually applied for only the most serious crimes, such as aggravated murder. Although it is a legal penalty in 27 states, 20 of them have authority to execute death sentences, with the other 7, as well as the federal government and military, subject to moratoriums.
The U.S. state of Washington enforced capital punishment until the state's capital punishment statute was declared null and void and abolished in practice by a state Supreme Court ruling on October 11, 2018. The court ruled that it was unconstitutional as applied due to racial bias; however, it did not render the wider institution of capital punishment unconstitutional and rather required the statute to be amended to eliminate racial biases. From 1904 to 2010, 78 people were executed by the state; the last was Cal Coburn Brown on September 10, 2010. In April 2023, Governor Jay Inslee signed SB5087 which formally abolished capital punishment in Washington State and removed provisions for capital punishment from state law.
Capital punishment is a legal penalty in China. It is applicable to offenses ranging from murder to drug trafficking. Executions are carried out by lethal injection or by shooting. A survey conducted by TheNew York Times in 2014 found the death penalty retained widespread support in Chinese society.
Capital punishment is a legal penalty in Sri Lanka.
Capital punishment in Malaysia is used as a penalty within its legal system for various crimes. There are currently 27 capital crimes in Malaysia, including murder, drug trafficking, treason, acts of terrorism, waging war against the Yang di-Pertuan Agong, and, since 2007, rape resulting in death. Executions are carried out by hanging. Capital punishment was mandatory for 11 crimes for many years. In October 2018, the government imposed a moratorium on all executions with a view to repeal the death penalty altogether, before it changed its stance and agreed to keep the death penalty but would make it discretionary.
Capital punishment is a legal penalty in Israel. Capital punishment has only been imposed twice in the history of the state and is only to be handed out for treason, genocide, crimes against humanity, and crimes against the Jewish people during wartime. Israel is one of seven countries to have abolished capital punishment for "ordinary crimes only."
Capital punishment in Saudi Arabia is a legal punishment. Most executions in the country are carried out by decapitation (beheading). Saudi Arabia is the only country that still uses this method. Capital punishment is used both for offenders of lethal crimes and non-lethal crimes, as well as juvenile offenders. Among those executed are individuals charged with non-lethal terrorism, a charge that has been used against individuals who participated in protests against the authoritarian regime in Saudi Arabia.
Capital punishment was completely abolished in Hungary on 24 October 1990 by the Constitutional Court. A month later on 1 December 1990, Protocol 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 from EU officials, and Orbán had to retract 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 a legal penalty in Guatemala, and is carried out by lethal injection and, to a lesser extent, the firing squad. The death penalty today remains only in Guatemala's military codes of justice, and was abolished for civilian offences in October 2017.
Being involved in the illegal drug trade in certain countries, which may include illegally importing, exporting, selling or possession of significant amounts of drugs, constitutes a capital offence and may result in capital punishment for drug trafficking, or possession assumed to be for drug trafficking. There are also extrajudicial executions of suspected drug users and traffickers in at least 2 countries without drug death penalties by law: Mexico and Philippines.
Capital punishment is no longer a legal punishment in the Independent State of Papua New Guinea.
Capital punishment is legal in most countries of the Middle East. Much of the motivation for the retention of the death penalty has been religious in nature, as the Qur'an allows or mandates executions for various offences.
Capital punishment is a legal penalty in the U.S. state of Arizona. 95 executions have been carried out since Arizona became a state in 1914 and there are currently 111 people on death row. In November 2024, Attorney General Kris Mayes announced that the state would resume executions in 2025 after a 2-year pause.
Capital punishment in Burkina Faso has been abolished. In late May 2018, the National Assembly of Burkina Faso adopted a new penal code that omitted the death penalty as a sentencing option, thereby abolishing the death penalty for all crimes.
Capital punishment is abolished in Argentina and is no longer a lawful punishment in the country. Argentina abolished capital punishment for ordinary crimes in 1984 and abolished it for all crimes in 2008, supported by the president at the time, Cristina Fernández de Kirchner. Argentina voted in favor of the United Nations moratorium on the death penalty eight times, in 2007, 2008, 2010, 2012, 2014, 2016, 2018, and 2020. Argentina signed the Second Optional Protocol to the International Covenant on Civil and Political Rights on 20 Dec 2006 and ratified it on 2 Sep 2008.
Capital punishment is a legal penalty in Uganda. The death penalty was likely last carried out in 1999, although some sources say the last execution in Uganda took place in 2005. Regardless, Uganda is interchangeably considered a retentionist state with regard to capital punishment, due to absence of "an established practice or policy against carrying out executions," as well as a de facto abolitionist state due to the lack of any executions for over one decade.
Capital punishment is a legal penalty in Ghana only for high treason. Ghana last executed a criminal in 1993. The method of execution is by firing squad. It is considered "abolitionist in practice." Capital punishment was a mandatory sentence for certain ordinary criminal offenses until 2023.
References
- ↑ "Abolitionist and retentionist countries (As of July 2018)". 23 October 2018.
- ↑ "Fiji abolishes death penalty for all crimes through amendment to military law - WCADP". Worldcoalition.org. 23 February 2015. Retrieved 2022-07-21.
- ↑ Unaisi Ratubalavu (2021-05-05). "Death penalty abolished". The Fiji Times. Retrieved 2022-07-21.
- ↑ "Fiji minister wants to 'explore the possibility of death penalty' to tackle drug crisis". RNZ. 21 August 2024. Retrieved 21 August 2024.
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