A public execution is a form of capital punishment which "members of the general public may voluntarily attend." [1] This definition excludes the presence of only a small number of witnesses called upon to assure executive accountability. [2] The purpose of such displays has historically been to deter individuals from defying laws or authorities. Attendance at such events was historically encouraged and sometimes even mandatory.
Most countries have abolished the death penalty entirely, either in law or in practice. [3] While today most countries regard public executions with distaste, they have been practiced at some point in history nearly everywhere. [4] At many points in the past, public executions were preferred to executions behind closed doors because of their capacity for deterrence. [5] However, the actual efficacy of this form of terror is disputed. [6] They also allowed the convicted the opportunity to make a final speech, gave the state the chance to display its power in front of those who fell under its jurisdiction, and granted the public what was considered to be a great spectacle. [7] Public executions also permitted the state to project its superiority over political opponents. [7] [5] People were publicly executed so that the public could see the consequences of committing a crime.
People were crucified in ancient Macedonia, Persia, Jerusalem, Phoenicia, Rome, and Carthage. [8]
Public executions were common in China from at least the Tang Dynasty. [9]
There are reports of public executions in early Islam. [10] [ where? ]
Documented public executions date back to at least the late medieval period, and peaked in the later sixteenth century. [4] This peak was due in part to the witch trials of the early modern period. In the late Middle Ages, executioners used increasingly brutal methods designed to inflict pain on the victim while still alive and to generate a spectacle in order to deter others from committing crimes. The cruelty of the mode of execution (including the amount victims were tortured before the actual execution) was also more or less extreme depending on the crime itself. [11] Punishments often invoked the "purifying" powers of earth (burial), water (drowning), and fire (burning alive). Victims were also decapitated, quartered, hanged, and beaten. [12] Bodies or body parts were often displayed in public places and authorities took pains to ensure that remains would stay visible for as long as possible. [13] [4]
However, the death penalty was not used in all parts of Europe. Vladimir the Great abolished the death penalty in Kievan Rus' following his conversion to Christianity in 988.
During the 1970s, Liberian president William Tolbert used public hangings as a deterrent against crime, with sixteen convicted murderers hanged between 1971 and 1979. The public execution of the Harper Seven in 1979 over a series of witchcraft-related ritual murders attracted particular attention. [14]
According to Amnesty International, in 2012 "public executions were known to have been carried out in Iran, North Korea, Saudi Arabia and Somalia." [15] Amnesty International does not include Syria, Afghanistan, and Yemen in their list of public execution countries, but there have been reports of public executions carried out there by state and non-state actors, such as ISIL. [16] [17] [18]
Kuwait has sometimes executed people in public. The prisoners are taken to the gallows and once a senior police officer gives the signed warrant, the prisoners are hanged. [19]
Amnesty International's Interim Deputy Director for the Middle East and North Africa, Rawya Rageh, criticized Kuwait's execution of five individuals, including one for a drug-related offense, as a return to executions with "vigour," urging the establishment of a moratorium on executions towards abolishing the death penalty. The executions were announced on 27 July 2023, after a pause of five years starting from 2017. [20]
During the seventeenth century, the use of premortem torture decreased; instead bodies were desecrated after death and for display purposes. [4] By the beginning of the eighteenth century, the number of capital punishments in Western Europe had fallen by about 85% from the previous century as the legal system shifted toward one that considered human rights as well as a more rational approach to criminal justice that centered around identifying the best methods for deterrence. [4] [21] However, there were several resurgences throughout the eighteenth and nineteenth centuries, especially during times of social unrest. [4] Executions were condemned by eighteenth-century Enlightenment thinkers like Jeremy Bentham and Cesare Beccaria. [22] Enlightenment thinkers were not universally opposed to public executions—many anatomists found executions useful because they supplied healthy body parts to study and experiment on. [23] People also found postmortem torture (which was typically part of a public execution) disrespectful to the dead and believed that it could prevent the victim from getting into heaven. [24] [4]
The first modern abolition of capital punishment was in Tuscany in 1786.[ citation needed ]
In Europe, the 19th and early 20th centuries saw a shift away from the spectacle of public capital punishment and toward private executions and the deprivation of liberty (e.g. incarceration, probation, community service, etc.). [25] This coincided with a general tendency to shield all death from public view. [26]
In France, authorities continued public executions up until 1939. [25] Executions were made private after a secret film of serial killer Eugen Weidmann's death by guillotine emerged and scandalized the process. Disturbing reports emerged of spectators soaking up Weidmann's blood in rags for souvenirs, and in response President Albert Lebrun banned public executions in France for "promoting baser instincts of human nature." [27]
Nazi Germany utilized public execution by hanging, shooting, and decapitation. [28]
In Great Britain, 1801 saw the last public execution at Tyburn Hill, after which all executions in York took place within the walls of York Castle (but still publicly) so that "the entrance to the town should not be annoyed by dragging criminals through the streets." | [29] In London, those sentenced to death at the Old Bailey would remain at Newgate Prison and wait for their sentences to be carried out in the street. As at Tyburn, the crowds who would come to watch continued to be large and unruly. The last public execution in Great Britain occurred in 1868, [25] after which capital punishment was carried out in the privacy of prisons. The last public execution (Hanging) in Scotland was that of Andrew Brown in Montrose in 1866. [30] [31]
The last public execution in the United States occurred in 1936. [25] As in Europe, the practice of execution was moved to the privacy of chambers. Viewing remains available for those related to the person being executed, victims' families, and sometimes reporters.
Frances Larson wrote in her 2014 book Severed: A History of Heads Lost and Heads Found:
"For as long as there were public executions, there were crowds to see them. In London in the early 19th century, there might have been 5,000 to watch a standard hanging, but crowds of up to 100,000 came to see a famous felon killed. The numbers hardly changed over the years. An estimated 20,000 watched Rainey Bethea hang in 1936, in what turned out to be the last public execution in the U.S." [32]
In the US, members of the public can visit the jail where an execution is about to take place. [33]
During the Australian colonial period, public executions continued until the second half of the 19th century, largely coinciding with the end of the convict era. They were abolished by the colonies of New South Wales (including present-day Queensland), Van Diemen's Land (present-day Tasmania) and Victoria in 1855, by South Australia in 1858, and by Western Australia in 1871. [34] Public executions of Indigenous offenders continued in some jurisdictions in violation of the legislation. [35]
In South Australia and Western Australia, public executions were subsequently reintroduced solely for Indigenous Australian offenders, in 1861 and 1875 respectively, on the basis that they were needed as a deterrent against frontier violence against white settlers. [36] [37] Public executions for Indigenous offenders were not formally abolished until 1971 in South Australia and 1952 in Western Australia, respectively, although the provisions of the criminal codes were long considered dormant. [38] The last public execution in Western Australia took place in February 1892, where three Indigenous men convicted of murder were hanged at the scene of the crime near Halls Creek, Western Australia, in front of around 70 witnesses. [39]
Public executions were abolished in New Zealand by the Executions of Criminals Act 1858, which specified that executions had to be carried out "within the walls or the enclosed yard of some gaol, or within some other enclosed space". [40] The act came into force on 3 June 1858, three months after the country's last public hanging in central Auckland. [41]
In the Australian-administered Territory of New Guinea, legally a League of Nations mandate after 1920, public executions were used as a "tool of government". In 1933, a district officer reported that two executions in New Britain had been carried out before crowds of hundreds of people, and that "execution of the murderers on the spot has done much to make these natives fall in with the wishes of the government". [42]
Following the Japanese occupation of New Guinea, 22 New Guinean civilians convicted of collaboration offences – members of the Orokaiva people – were publicly executed by the Australian New Guinea Administrative Unit (ANGAU) in 1943 and 1944. [43] The hangings were intended as a deterrent against other prospective collaborationists, with the offenders "hung two at a time from early in the morning until late in the afternoon in front of thousands of local people". [44]
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.
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 has been 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 in Britain and Ireland 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 person to be executed for treason was William Joyce, in 1946. In 2004, Protocol No. 13 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.
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 was abolished in 2019 in New Hampshire for persons convicted of capital murder. It remains a legal penalty for crimes committed prior to May 30, 2019.
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.
The "Bloody Code" was a series of laws in England, Wales and Ireland in the eighteenth and early nineteenth centuries which mandated the death penalty for a wide range of crimes. It was not referred to by this name in its own time; the name was given later owing to the sharply increased number of people given the death penalty, even for crimes considered minor by later standards.
Capital punishment is a legal penalty in Japan. The Penal Code of Japan and several laws list 14 capital crimes. In practice, though, it is applied only for aggravated murder. 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. The only crime punishable by a mandatory death sentence is instigation of foreign aggression.
Capital punishment is a legal penalty in Iran. The list of crimes punishable by death includes murder; rape; child molestation; homosexuality; drug trafficking; armed robbery; kidnapping; terrorism; burglary; incest; fornication; adultery; sodomy; sexual misconduct; prostitution; plotting to overthrow the Islamic government; political dissidence; sabotage; arson; rebellion; apostasy; blasphemy; extortion; counterfeiting; smuggling; recidivist consumption of alcohol; producing or preparing food, drink, cosmetics, or sanitary items that lead to death when consumed or used; producing and publishing pornography; using pornographic materials to solicit sex; capital perjury; recidivist theft; certain military offences ; "waging war against God"; "spreading corruption on Earth"; espionage; and treason. Iran carried out at least 977 executions in 2015, at least 567 executions in 2016, and at least 507 executions in 2017. In 2018 there were at least 249 executions, at least 273 in 2019, at least 246 in 2020, at least 290 in 2021, at least 553 in 2022, at least 834 in 2023, and at least 226 so far in 2024. In 2023, Iran was responsible for 74% of all recorded executions in the world.
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 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.
Rhode Island was one of the earliest states in the United States to abolish capital punishment, having abolished it for all crimes in 1852. The death penalty was reintroduced in 1872, but it was never carried out before being abolished again in 1984. Of all the states, Rhode Island has had the longest period with no executions, none having taken place since 1845.
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 is legal in Tonga, but has not been imposed since 1982. The country's lack of executions puts it into the category of a state abolitionist in practice, where it retains the death penalty in law but has had a formal or informal moratorium for at least ten years. Tonga's low rate of murder convictions forms part of the reason for the lack of executions, as well as its courts’ apparent unwillingness to impose the penalty unless it appears absolutely necessary to do so.
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.
Hanging has been practiced legally in the United States of America from before the nation's birth, up to 1972 when the United States Supreme Court found capital punishment to be in violation of the Eighth Amendment to the United States Constitution. Four years later, the Supreme Court overturned its previous ruling, and in 1976, capital punishment was again legalized in the United States. Currently, only New Hampshire has a law specifying hanging as an available secondary method of execution, now only applicable to one person, who was sentenced to capital punishment by the state prior to its repeal in 2019.
Capital punishment in Montenegro was first prescribed by law in 1798. It was abolished on 19 June 2002. The last execution, by shooting, took place on 29 January 1981, and the two last death sentences were pronounced on 11 October 2001. Montenegro is bound by the following international conventions prohibiting capital punishment : Second Optional Protocol to the International Covenant on Civil and Political Rights, as well as Protocols No. 6 and No. 13 to the European Convention on Human Rights. Article 26 of the Montenegrin Constitution (2007) that outlawed the death penalty states: "In Montenegro, capital punishment punishment is forbidden”.
Capital punishmentin Kuwait is legal. Hanging is the method of choice for civilian executions. However, shooting is a legal form of execution in certain circumstances.
Capital punishment remains a legal penalty for multiple crimes in The Gambia. However, the country has taken recent steps towards abolishing the death penalty.
Capital punishment in Malawi is a legal punishment for certain crimes. The country abolished the death penalty following a Malawian Supreme Court ruling in 2021, but it was soon reinstated. However, the country is currently under a death penalty moratorium, which has been in place since the latest execution in 1992.
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