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Capital punishment, also called the death penalty, is the state-sanctioned killing of a person as a punishment for a crime. It has historically been used in almost every part of the world. Since the mid-19th century many countries have abolished or discontinued the practice. In 2022, the 5 countries that executed the most people were, in descending order, China, Iran, Saudi Arabia, Egypt, and the United States.
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, 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.
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 currently have the ability to execute death sentences, with the other seven, as well as the federal government, being subject to different types of moratoriums.
Capital punishment in Canada dates back to Canada's earliest history, including its period as a French colony and, after 1763, its time as 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 for murder was abolished in Malta in 1971. However, the death penalty continued to be part of the country's military code until it was fully abolished on 21 March 2000. Malta is a signatory of the Second Optional Protocol to the International Covenant on Civil and Political Rights that commits it to abolition of the death penalty within its borders. Malta has also ratified protocol 13 to the European Convention on Human Rights, that bans the death penalty in all circumstances.
Capital punishment in the Cook Islands, a state in free association with New Zealand, was officially part of the legal system until 2007, although the punishment had never actually been put into practice.
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 is a legal penalty in Malaysian law.
Capital punishment in Georgia was completely abolished on 1 May 2000 when the country signed Protocol 6 to the ECHR. Later Georgia also adopted the Second Optional Protocol to the ICCPR. Capital punishment was replaced with life imprisonment.
Capital punishment in modern Greece was carried out using the guillotine or by firing squad. It was last applied in 1972 during the military junta. The death penalty was abolished in stages between 1975 and 2005.
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 on the island of 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 to 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.
Capital punishment has been a legal penalty in Kenya since before its independence, and continues to be so under Kenyan law. No executions have been carried out in Kenya since 1987, when Hezekiah Ochuka and Pancras Oteyo Okumu, leaders of the 1982 coup d'état attempt, were hanged for treason.
Capital punishment has been abolished in Seychelles. The country permanently abolished the death penalty by a Constitutional amendment in June 1993.
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.
Capital punishment has been abolished in Sierra Leone. Sierra Leone abolished capital punishment in July 2021 following a decision by the nation's Parliament.
Capital punishment is not a legal penalty in Samoa. The death penalty was used in the colonial era, but the practice had ceased by the time of independence in 1962, with death sentences being commuted to life imprisonment, and it was formally abolished in 2004. The last execution was carried out in 1952.
The Caribbean Territories Order 1991 is an Order-in-Council issued by the Privy Council of the United Kingdom abolishing the death penalty for murder in the British Dependent Territories in the Caribbean.
References
- 1 2 3 4 "Cook Islands Act 1915". NZLII. Retrieved 23 July 2022.
- 1 2 3 "Cook Islands Amendment Act 1957". NZLII. Retrieved 23 July 2022.
- ↑ "NIUE ISLAND MURDER". Poverty Bay Herald. 4 August 1921. p. 8. Retrieved 22 July 2022– via Papers Past.
- ↑ "NIUE ISLAND MURDER". Christchurch Star. 10 August 1921. p. 8. Retrieved 24 July 2022– via Papers Past.
- ↑ "MURDER TRIAL IN NIUE". Christchurch Press. 11 September 1953. p. 12. Retrieved 22 July 2022– via Papers Past.
- ↑ Gerard Hindmarsh (7 April 2018). "Murder of New Zealand commissioner on Niue revealed colonial flaws". Stuff. Retrieved 22 July 2022.
- ↑ "NIUE ISLANDERS REPRIEVED". Christchurch Press. 19 May 1954. p. 12. Retrieved 22 July 2022– via Papers Past.
- ↑ "Cook Islands Amendment Act 1962". NZLII. Retrieved 23 July 2022.
- ↑ "Niue Act 1966". NZLII. Retrieved 23 July 2022.