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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.
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 of them have authority to execute death sentences, with the other 7, as well as the federal government and military, subject to moratoriums.
Capital punishment is not allowed to be carried out in the U.S. state of California, due to both a standing 2006 federal court order against the practice and a 2019 moratorium on executions ordered by Governor Gavin Newsom. The litigation resulting in the court order has been on hold since the promulgation of the moratorium. Should the moratorium end and the freeze concluded, executions could resume under the current state law.
Capital punishment in Canada dates to Canada's earliest history, including its period as first a French then 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 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 National Defence Act prescribed the death penalty for certain military offences until 1999, although no military executions had been carried out since 1946.
Capital punishment – 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 New Zealand 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 lawfully executed in New Zealand.
Capital punishment in France is banned by Article 66-1 of the Constitution of the French Republic, voted as a constitutional amendment by the Congress of the French Parliament on 19 February 2007 and simply stating "No one can be sentenced to the death penalty". The death penalty was already declared illegal on 9 October 1981 when President François Mitterrand signed a law prohibiting the judicial system from using it and commuting the sentences of the seven people on death row to life imprisonment. The last execution took place by guillotine, being the main legal method since the French Revolution; Hamida Djandoubi, a Tunisian citizen convicted of torture and murder on French soil, was put to death in September 1977 in Marseille.
Capital punishment in Denmark was abolished in 1933, with no death sentences having been carried out since 1892, but restored from 1945 to 1950 in order to execute Nazi collaborators. Capital punishment for most instances of war crimes was abolished in 1978. The last execution was carried out in June 1950.
Capital punishment has been completely abolished in all European countries except for Belarus and Russia, the latter of which has a moratorium and has not carried out an execution since September 1996. The complete ban on capital punishment is enshrined in both the Charter of Fundamental Rights of the European Union (EU) and two widely adopted protocols of the European Convention on Human Rights of the Council of Europe, and is thus considered a central value. Of all modern European countries, San Marino, Portugal, and the Netherlands were the first to abolish capital punishment, whereas only Belarus still practises capital punishment in some form or another. In 2012, Latvia became the last EU member state to abolish capital punishment in wartime.
Capital punishment in Australia has been abolished in all jurisdictions since 1985. 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.
Capital punishment remained in Polish law until September 1, 1998, but from 1989 executions were suspended, the last one taking place one year earlier. No death penalty is envisaged in the current Polish penal law.
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.
Capital punishment was abolished in Turkey in 2004, and no prisoners have been executed since October 1984. Before that, over 500 convicts sentenced to death were executed. The method of execution was hanging.
Capital punishment in Mexico was officially abolished on 15 March 2005, having not been used in civil cases since 1957, and in military cases since 1961. Mexico is the world's most populous country to have completely abolished the death penalty.
Capital punishment was abolished in the U.S. state of New Mexico in 2009.
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 was outlawed in the State of New York after the New York Court of Appeals declared it was not allowed under the state's constitution in 2004. However certain crimes occurring in the state that fall under the jurisdiction of the federal government are subject to the federal death penalty.
Capital punishment in South Africa was abolished on 6 June 1995 by the ruling of the Constitutional Court in the case of S v Makwanyane, following a five-year and four-month moratorium that had been in effect since February 1990.
Capital punishment has been abolished in Iowa since 1965. Forty-five men were executed by hanging in Iowa between 1834 and 1963 for crimes including murder, rape, and robbery.
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.
- ↑ "Marquette Law School Poll, July 15-18, 2013" (PDF).