Crushing by elephant
A common method of death throughout South and Southeast Asia for over 4,000 years was crushing by elephants. The Sasanians, Romans, and Carthaginians also used this method on occasion.[ citation needed ]
Death by crushing or pressing is a method of execution that has a history during which the techniques used varied greatly from place to place, generally involving placing heavy weights upon a person with the intent to kill.
A common method of death throughout South and Southeast Asia for over 4,000 years was crushing by elephants. The Sasanians, Romans, and Carthaginians also used this method on occasion.[ citation needed ]
In the early history of ancient Rome Tarpeia was a Roman maiden who betrayed the city of Rome to the Sabines in exchange for what she thought would be a reward of jewelry. She was instead crushed to death and her body cast from the Tarpeian Rock, which now bears her name. [1]
Crushing is also reported from pre-Columbian America, notably in the Aztec Empire. [2] [3]
Due to religious beliefs, it was at times viewed as better to execute prisoners without the shedding of blood. The means with which it could occur would vary. [4] [5]
Peine forte et dure (Law French for "forceful and hard punishment") was a method of torture formerly used in the common law legal system, in which a defendant who refused to plead ("stood mute") would be subjected to having heavier and heavier stones placed upon his or her chest until a plea was entered, or as the weight of the stones on the chest became too great for the condemned to breathe, fatal suffocation would occur.
The common law courts originally took a very limited view of their own jurisdiction. They considered themselves to lack jurisdiction over a defendant until he had voluntarily submitted to it by entering a plea seeking judgment from the court. [6] Since a criminal justice system that tried and punished only those who volunteered for trial and punishment was practically unworkable, this was the means chosen to coerce them. [7]
Many defendants charged with capital offences nonetheless refused to plead, since thereby they would escape forfeiture of property and their heirs would still inherit their estate; but if defendants pleaded guilty and were executed their heirs would inherit nothing, their property escheating to the Crown. Peine forte et dure was abolished in Great Britain in 1772, and the last known use of the practice was in 1741. [8] In 1772 refusing to plead was deemed to be equivalent to pleading guilty. This was changed in 1827 to being deemed a plea of not guilty. Today in all common-law jurisdictions standing mute is treated by the courts as equivalent to a plea of not guilty.
The elaborate procedure was recorded by a 15th-century witness in an oft-quoted description: "he will lie upon his back, with his head covered and his feet, and one arm will be drawn to one quarter of the house with a cord, and the other arm to another quarter, and in the same manner it will be done with his legs; and let there be laid upon his body iron and stone, as much as he can bear, or more ..." [9]
"Pressing to death" might take several days, and not necessarily with a continued increase in the load. The Frenchman Guy Miege, who from 1668 taught languages in London [10] says the following about the English practice: [11]
For such as stand Mute at their Trial, and refuse to answer Guilty, or Not Guilty, Pressing to Death is the proper Punishment. In such a Case the Prisoner is laid in a low dark Room in the Prison, all naked but his Privy Members, his Back upon the bare Ground his Arms and Legs stretched with Cords, and fasten'd to the several Quarters of the Room. This done, he has a great Weight of Iron and Stone laid upon him. His Diet, till he dies, is of three Morsels of Barley bread without Drink the next Day; and if he lives beyond it, he has nothing daily, but as much foul Water as he can drink three several Time, and that without any Bread: Which grievous Death some resolute Offenders have chosen, to save their Estates to their Children. But, in case of High Treason, the Criminal's Estate is forfeited to the Sovereign, as in all capital Crimes, notwithstanding his being pressed to Death.
The most famous case in the United Kingdom was that of Roman Catholic martyr St Margaret Clitherow, who, in order to avoid a trial in which her own children would be obliged to give evidence, was pressed to death on March 25, 1586, after refusing to plead to the charge of having harboured Catholic priests in her house. She died within fifteen minutes under a weight of at least 700 pounds (320 kg). Several hardened criminals, including William Spigott (1721) and Edward Burnworth, lasted half an hour under 400 pounds (180 kg) before pleading to the indictment. Others, such as Major Strangways (1658) and John Weekes (1731), refused to plead, even under 400 pounds (180 kg), and were killed when bystanders, out of mercy, sat on them. [12]
The only death by peine forte et dure in American history was that of Giles Corey, who was pressed to death on September 19, 1692, during the Salem witch trials, after he refused to enter a plea in the judicial proceeding. According to legend, his last words as he was being crushed were "More weight", and he was thought to be dead as the weight was applied.
In medieval Europe the slow crushing of body parts in screw-operated ‘bone vises’ of iron was a common method of torture[ citation needed ], and a tremendous variety of cruel instruments was used to savagely crush the head, knee, hand and, most commonly, either the thumb or the naked foot. Such instruments were finely threaded and variously provided with spiked inner surfaces or heated red-hot before their application to the limb to be tortured.
Peine forte et dure is referred to in Arthur Miller's political drama The Crucible (1953), where Giles Corey is pressed to death after refusing to plead "aye or nay" to the charge of witchcraft. In the 1996 film version of this play, the screenplay also written by Arthur Miller, Corey is crushed to death for refusing to reveal the name of a source of information.
In the 1970 American made-for-television supernatural horror film Crowhaven Farm , directed by Walter Grauman and starring Hope Lange, Paul Burke and John Carradine, a coven uses crushing to torture Lange's character after she inherits a haunted Massachusetts farm house.
In The Dark Pictures Anthology: Little Hope one of the flashback victims Joseph Lambert is subjected to the peine forte et dure method of crushing, therefore becoming the ‘crushed demon’ that stalks his reincarnation, John, later in the game.
In the 2017 BBC One series Gunpowder the public execution by crushing of the fictional Lady Dorothy Dibdale (based on Margaret Clitherow) is shown in graphic detail. [13]
Arraignment is a formal reading of a criminal charging document in the presence of the defendant, to inform them of the criminal charges against them. In response to arraignment, in some jurisdictions, the accused is expected to enter a plea; in other jurisdictions, no plea is required. Acceptable pleas vary among jurisdictions, but they generally include guilty, not guilty, and the peremptory pleas setting out reasons why a trial cannot proceed. Pleas of nolo contendere and the Alford plea are allowed in some circumstances.
In United States law, an Alford plea, also called a Kennedy plea in West Virginia, an Alford guilty plea, and the Alford doctrine, is a guilty plea in criminal court, whereby a defendant in a criminal case does not admit to the criminal act and asserts innocence, but accepts imposition of a sentence. This plea is allowed even if the evidence to be presented by the prosecution would be likely to persuade a judge or jury to find the defendant guilty beyond a reasonable doubt. This can be caused by circumstantial evidence and testimony favoring the prosecution, and difficulty finding evidence and witnesses that would aid the defense.
Nolo contendere is a type of legal plea used in some jurisdictions in the United States. It is also referred to as a plea of no contest or no defense. It is a plea where the defendant neither admits nor disputes a charge, serving as an alternative to a pleading of guilty or not guilty. A no-contest plea means that defendants refuse to admit guilt but accept punishment as if guilty, and is often offered as a part of a plea bargain.
A plea bargain is an agreement in criminal law proceedings, whereby the prosecutor provides a concession to the defendant in exchange for a plea of guilt or nolo contendere. This may mean that the defendant will plead guilty to a less serious charge, or to one of the several charges, in return for the dismissal of other charges; or it may mean that the defendant will plead guilty to the original criminal charge in return for a more lenient sentence.
Peine forte et dure was a method of torture formerly used in the common law legal system, in which a defendant who refused to plead would be subjected to having heavier and heavier stones placed upon their chest until a plea was entered, or death resulted.
In law, a plea is a defendant's response to a criminal charge. A defendant may plead guilty or not guilty. Depending on jurisdiction, additional pleas may be available, including nolo contendere, no case to answer, or an Alford plea.
Giles Corey was an English farmer, petty thief, and tried murderer who was accused of witchcraft along with his wife Martha Corey during the Salem witch trials. After being arrested, Corey refused to enter a guilty or not guilty plea. He was subjected to pressing in an effort to force him to plead and died after three days of this torture. Because Corey refused to enter a plea, his estate passed on to his sons instead of being seized by the local government.
John Jones O.F.M, also known as John Buckley, John Griffith, Godfrey Maurice, or Griffith Jones was a Franciscan friar, Roman Catholic priest, and martyr. He was born at Clynnog Fawr, Caernarfonshire (Gwynedd), Wales, and was executed 12 July 1598 at Southwark, England. He is one of the Forty Martyrs of England and Wales.
The High Court of Justice was the court established by the Rump Parliament to try Charles I, King of England, Scotland and Ireland. Even though this was an ad hoc tribunal that was specifically created for the purpose of trying the king, its name was eventually used by the government as a designation for subsequent courts.
A mute of malice is a defendant in a criminal case who willfully chooses not to speak, as opposed to one who does not speak because he is physically or psychologically unable to do so.
An act against Jesuits, seminary priests, and such other like disobedient persons, also known as the Jesuits, etc. Act 1584, was an Act of the Parliament of England passed during the English Reformation. The Act commanded all Roman Catholic priests to leave the country within 40 days or they would be punished for high treason, unless within the 40 days, they swore an oath to obey the Queen. Those who harboured them, and all those who knew of their presence and failed to inform the authorities, would be fined and imprisoned for felony, or if the authorities wished to make an example of them, they might be executed for treason.
The Hale Commission was established by the Commonwealth of England on 30 January 1652 and led by Sir Matthew Hale to investigate law reform. Consisting of eight lawyers and thirteen laymen, the Commission met approximately three times a week and proposed changes as radical as reducing the use of the death penalty, allowing witnesses, legal aid and lawyers for defendants in criminal cases and creating county courts and a court of appeal for criminal cases. Though the Commission was unsuccessful at passing any of its measures under the Rump Parliament, two of its measures were put into law by the subsequent Barebone's Parliament, and, by the middle of the 20th century, most of the others were as well. Debate has occurred over the effectiveness and strife within the Commission between its more moderate and radical members; the general conclusion is that with the sheer volume of work produced and the vast proportion of moderate to radical members, it is unlikely such strife existed.
In modern U.S. usage, forfeiture is deprivation or destruction of a right in consequence of the non-performance of some obligation or condition. It can be accidental, and therefore is distinguished from waiver. In the law of England and Wales, the forfeiture rule is the rule of law which prevents a killer from inheriting the estate of a person they have unlawfully killed. The term also refers to the rule in English law under which an insured person who makes a fraudulent insurance claim loses their claim: this rule was derived from common law until the passage of the Insurance Act 2015, which "puts the common law rule of forfeiture on a statutory footing".
Brady v. United States, 397 U.S. 742 (1970), was a United States Supreme Court case in which the Court refused to hold that large sentencing discounts and threats of the death penalty are sufficient evidence of coercion.
In United States criminal law, a factual basis is a statement of the facts detailing an individual crime and its particulars, stipulated to by the prosecution and the defense, which forms a basis by which a judge can accept a guilty plea from the defendant.
Giles Wigginton was an English clergyman who became a fringe religious activist towards the end of the sixteenth century.
Margaret Clitherow was an English saint and martyr of the Roman Catholic Church, known as "the Pearl of York". She was pressed to death for refusing to enter a plea to the charge of harbouring Catholic priests. She was canonised in 1970 by Pope Paul VI.
William Spiggot was a highwayman who was captured by Jonathan Wild's men in 1721. During his trial at the Old Bailey, he at first refused to plead and was therefore sentenced to be pressed until he pleaded. This was called Peine forte et dure. He was later executed, after a second trial when he pleaded not guilty, on 11 February 1721 at Tyburn, London.
The Criminal Law Act 1827 was an act of the Parliament of the United Kingdom, applicable only to England and Wales. It abolished many obsolete procedural devices in English criminal law, particularly the benefit of clergy. It was repealed by the Criminal Law Act 1967.
Jane Wiseman was an English recusant and priest harbourer. She narrowly avoided becoming a Catholic martyr after being sentenced to Peine forte et dure. Her daughter Mary Wiseman was the founding prioress of a convent in Leuven.