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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 in the United Kingdom predates the formation of the UK, having been used within the British Isles 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 execution for treason took place in 1946. In 2004 the 13th Protocol 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.
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 is a legal penalty in the U.S. state of New Hampshire for persons convicted of capital murder prior to 30 May 2019, when it was abolished prospectively for future crimes.
Penelope Kenny was executed by hanging for the murder of her child in New Hampshire along with Sarah Simpson, who was also convicted of murdering her child.
Ruth Blay was executed by hanging after being convicted of concealment of a stillborn illegitimate child, which was later found on the floor of the barn next to the house in which she was staying. She was not convicted of killing the baby. She was granted 3 reprieves before the execution. Blay was the last female executed by the state of New Hampshire. She was executed by Thomas Packer, Portsmouth’s High Sheriff, who also oversaw the execution of Eliphaz Dow in 1755.
Oscar Joseph Comery was a Canadian-American chauffeur hanged in Concord, New Hampshire for murdering his wife.
Capital punishment in Sweden was last used in 1910, though it remained a legal sentence for at least some crimes until 1973. It is now outlawed by the Swedish Constitution, which states that capital punishment, corporal punishment, and torture are strictly prohibited. At the time of the abolition of the death penalty in Sweden, the legal method of execution was beheading.
Capital punishment in Australia was a form of punishment in Australia that has been abolished in all jurisdictions. 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 a legal penalty in Malaysian law.
Howard Long was an American convicted murderer who was executed for the 1937 murder of 10-year-old Mark Neville Jensen in Gilford, New Hampshire. He was the last person to be executed by the state of New Hampshire.
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 New York after the New York Court of Appeals, the highest court in the state, declared the practice as currently practiced unconstitutional 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 Afghanistan is legal and could be carried out secretly or publicly. The convict could be hanged or shot to death. Stoning, amputation, and flogging were also sometimes used as a method for punishment, especially during the late 1990s. Public executions have existed throughout Afghanistan's history. They have continued with the Taliban returning to power in August 2021. Some executions were recently condemned by the United Nations. The capital offenses generally include heinous crimes such as mass murders and are governed by Sharia, along with civil laws.
Sarah-Jane and Anna Flannagan were 19th-century New Zealand murderers. Like Caroline Whitting (1872) and Phoebe Veitch (1883) before them, but unlike Minnie Dean subsequently (1895), the two women were initially sentenced to death for the killing of Anna's 'illegitimate' child and Sarah Jane's grandchild but were subsequently reprieved. In this instance, the intervention of the then-Governor-General of New Zealand William Onslow, 4th Earl of Onslow was required for mitigation of the death penalty to life imprisonment.
Capital punishment in Botswana is a legal penalty, and is usually applied for murder under aggravated circumstances. Executions are carried out by hanging. There is on average one execution per year, and the execution usually takes place some years after the trial. One execution was carried out in 2016, two in 2018, one in 2019, and one in 2020.
Capital punishment in the Bible refers to instances in the Bible where death is called for as a punishment and also instances where it is proscribed or prohibited. A case against capital punishment can be made from John 8, where Jesus speaks words that can be construed as condemning the practice. There are however many more Bible verses that command and condone capital punishment, and examples of it being carried out. Sins that were punishable by death include homicide, striking one's parents, kidnapping, cursing one's parents, witchcraft and divination, bestiality, worshiping other gods, violating the Sabbath, child sacrifice, adultery, incest, and male homosexual intercourse.
References
- ↑ Women who kill
- ↑ Ferland, Dr David (2014-05-27). Historic Crimes & Justice in Portsmouth, New Hampshire. Arcadia Publishing. ISBN 9781625847140.
- ↑ "First Women Executed in NH".
