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Capital punishment, also known as the death penalty and formerly called judicial homicide, is the state-sanctioned practice of killing a person as a punishment for a crime, usually following an authorised, 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 called the death penalty, is the state-sanctioned practice of killing a person as a punishment for a crime. It has historically been used in almost every part of the world. In the 2010s, many countries either abolished or discontinued the practice.
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. It is usually applied for only the most serious crimes, such as aggravated murder. Although it is a legal penalty in 27 states, 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, Singapore, and Taiwan, the United States is one of four 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 June 2023, 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 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.
The National Coalition to Abolish the Death Penalty (NCADP) is a large organization dedicated to the abolition of the death penalty in the United States. Founded in 1976 by Henry Schwarzschild, the NCADP is the only fully staffed nationwide organization in the United States dedicated to the total abolition of the death penalty. It also provides extensive information regarding imminent and past executions, death penalty defendants, numbers of people executed in the U.S., as well as a detailed breakdown of the current death row population, and a list of which U.S. state and federal jurisdictions use the death penalty.
Capital punishment is a legal penalty in Belarus. At least one execution was carried out in the country in 2022.
Capital punishment was abolished in Virginia on March 24, 2021, when Governor Ralph Northam signed a bill into law. The law took effect on July 1, 2021. Virginia is the 23rd state to abolish the death penalty, and the first southern state in United States history to do so.
Capital punishment in Connecticut formerly existed as an available sanction for a criminal defendant upon conviction for the commission of a capital offense. Since the 1976 United States Supreme Court decision in Gregg v. Georgia until Connecticut repealed capital punishment in 2012, Connecticut had only executed one person, Michael Bruce Ross in 2005. Initially, the 2012 law allowed executions to proceed for those still on death row and convicted under the previous law, but on August 13, 2015, the Connecticut Supreme Court ruled that applying the death penalty only for past cases was unconstitutional.
Capital punishment in the Republic of Ireland was abolished in statute law in 1990, having been abolished in 1964 for most offences including ordinary murder. The last person to be executed by the British state in Ireland was Robert McGladdery, who was hanged on 20 December 1961 in Crumlin Road Gaol in Belfast, Northern Ireland. The last person to be executed by the state in the Republic of Ireland was Michael Manning, hanged for murder on 20 April 1954. All subsequent death sentences in the Republic of Ireland, the last handed down in 1985, were commuted by the President, on the advice of the Government, to terms of imprisonment of up to 40 years. The Twenty-first Amendment of the constitution, passed by referendum in 2001, prohibits the reintroduction of the death penalty, even during a state of emergency or war. Capital punishment is also forbidden by several human rights treaties to which the state is a party.
John McCaffary was an Irish-American farmer who was convicted and executed for the murder of his wife, Bridgett McCaffary. His execution by hanging was botched; he was unintentionally strangled for over 20 minutes until he died. His execution led to the abolition of capital punishment in Wisconsin.
Death row, also known as condemned row, is a place in a prison that houses inmates awaiting execution after being convicted of a capital crime and sentenced to death. The term is also used figuratively to describe the state of awaiting execution, even in places where no special facility or separate unit for condemned inmates exists. In the United States, after an individual is found guilty of a capital offense in states where execution is a legal penalty, the judge will give the jury the option of imposing a death sentence or life imprisonment without the possibility of parole. It is then up to the jury to decide whether to give the death sentence; this usually has to be a unanimous decision. If the jury agrees on death, the defendant will remain on death row during appeal and habeas corpus procedures, which may continue for several decades.
Luis José Monge was a convicted mass murderer who was executed in the gas chamber at Colorado State Penitentiary in 1967. Monge was the last inmate to be executed before an unofficial moratorium on execution that lasted for more than four years while most death penalty cases were on appeal, culminating in the U.S. Supreme Court decision in Furman v. Georgia in 1972, invalidating all existing death penalty statutes as written.
The debate over capital punishment in the United States existed as early as the colonial period. As of April 2022, it remains a legal penalty within 28 states, the federal government, and military criminal justice systems. The states of Colorado, Delaware, Illinois, Maryland, New Hampshire, Virginia, and Washington abolished the death penalty within the last decade alone.
Capital punishment in New Jersey is currently abolished, after Governor of New Jersey Jon Corzine signed a law repealing it in 2007. Before this, capital punishment was used and at least 361 people have been executed.
Capital punishment in Peru was last used in 1979. In the same year, the death penalty was abolished for ordinary crimes. Peru is one of seven countries that has abolished capital punishment for "ordinary crimes only." Peru voted in favor of the United Nations moratorium on the death penalty in 2007, 2008, 2010, 2012, 2014, 2016, 2018, and 2020. Peru is not a member state to the Second Optional Protocol to the International Covenant on Civil and Political Rights.
Capital punishment is abolished in the District of Columbia. However, a number of executions were carried out under the District's jurisdiction before abolition. These executions should be distinguished from cases such as the 1942 execution of the six Nazi saboteurs which took place in the District, but under the jurisdiction of the Federal Government.
Capital punishment is a legal penalty in Grenada. Despite its legality, there have been no executions since 1978. Grenada is considered "abolitionist in practice", and is currently the only country in The Americas in this category. There is currently one person on death row in Grenada, as of August 30, 2021. During its United Nations Universal Periodic Review on January 27, 2020, Grenada told the UN that it is a de facto abolitionist state with a de facto moratorium with effect since 1978, and that it will not carry out any executions. Abolishing capital punishment in law was part of one of the amendments during the failed 2016 Grenadian constitutional referendum. Grenada voted against the United Nations moratorium on the death penalty in 2007, 2008, 2010, 2012, 2014, 2016, 2018, and most recently, in 2020. Grenada is not a member state of the Second Optional Protocol to the International Covenant on Civil and Political Rights.
The John McCaffary House is located in Kenosha, Wisconsin, United States. It was built in 1842 and was the site of the murder of Bridget McCaffary by her husband, John McCaffary. He was the first and only person executed by the State of Wisconsin before it abolished the death penalty in 1853. The house was added to the National Register of Historic Places (NRHP) in 1978.
References
- ↑ "Wife-slayer hung in Kenosha County 69 Years Ago, Was Last Execution in Wisconsin," Kenosha Herald December 3, 1920
- ↑ "The history of the death penalty in Wisconsin". Holmen Onalaska Courier-Life . October 26, 2006.
- ↑ "Wisconsin Outlaws Capital Punishment (1853)". Turning Points in Wisconsin History. Wisconsin Historical Society. Retrieved July 22, 2016.
- ↑ "Wisconsin Death Penalty Referendum Results". Criminal Justice Legal Foundation. Retrieved July 22, 2016.