about to be guillotined in France in 1894 Nearly all societies in human history have executed criminals and
dissidents since the
beginning of civilization. Until the nineteenth century, without developed prison systems, there was frequently no workable alternative to ensure
deterrence and incapacitation of criminals. In
pre-modern times the executions themselves often involved torture with painful methods, such as the
breaking wheel,
keelhauling,
sawing,
hanging, drawing and quartering,
burning at the stake,
crucifixion,
flaying,
slow slicing,
boiling alive,
impalement,
mazzatello,
blowing from a gun,
schwedentrunk, and
scaphism. Other methods which appear only in legend include the
blood eagle and
brazen bull. The use of formal execution extends to the beginning of recorded history. Most historical records and various primitive tribal practices indicate that the death penalty was a part of their justice system. Communal punishments for wrongdoing generally included
blood money compensation by the wrongdoer, corporal punishment,
shunning, banishment, and execution. In tribal societies, compensation and shunning were often considered sufficient as forms of justice. The response to crimes committed by neighbouring tribes, clans, or communities included a formal apology, compensation, blood feuds, and
tribal warfare. A
blood feud or vendetta occurs when arbitration between families or tribes fails, or an arbitration system is nonexistent. This form of justice was common before the emergence of an arbitration system based on the state or organized religion. It may result from crime, land disputes, or a code of honour. "Acts of retaliation underscore the ability of the social collective to defend itself and demonstrate to enemies (as well as potential allies) that injury to property, rights, or the person will not go unpunished." In most countries that practice capital punishment, it is now reserved for murder, terrorism, war crimes, espionage, treason, or as part of military justice. In some countries,
sexual crimes, such as rape,
fornication,
adultery,
incest,
sodomy, and
bestiality carry the death penalty, as do religious crimes such as
Hudud,
Zina, and
Qisas crimes, such as
apostasy (formal renunciation of the
state religion),
blasphemy,
moharebeh,
hirabah,
Fasad,
Mofsed-e-filarz and witchcraft. In many
countries that use the death penalty, drug trafficking and often drug possession are also capital offences. In China, human trafficking and serious cases of corruption and
financial crimes are punished by the death penalty. In militaries around the world,
courts-martial have imposed death sentences for offences such as cowardice,
desertion,
insubordination, and
mutiny.
Ancient history (1883).
Roman Circus Maximus. Elaborations of tribal arbitration of
feuds included peace settlements, often conducted in a religious context, as well as compensation systems. Compensation was based on the principle of
substitution, which might include material compensation (for example, cattle, enslaved people, land), the exchange of brides or grooms, or the payment of blood debt. Settlement rules could allow for animal blood to replace human blood, or transfers of property or
blood money, or, in some cases, an offer of a person for execution. The person offered for execution did not have to be the original perpetrator of the crime because the social system was based on tribes and clans, not individuals. Blood feuds could be regulated at meetings, such as the
Norsemen things. Systems deriving from blood feuds may survive alongside more advanced legal systems or be given recognition by courts (for example,
trial by combat or blood money). One of the more modern refinements of the blood feud is the
duel. , woodcut by
Julius Schnorr von Karolsfeld, 1860 In certain parts of the world, nations emerged as ancient republics, monarchies, or tribal oligarchies. Common linguistic, religious, or family ties often united these nations. Moreover, the expansion of these nations often occurred through the conquest of neighbouring tribes or nations. Consequently, various classes of royalty, nobility, various commoners, and enslaved people emerged. Accordingly, the systems of tribal arbitration were subsumed into a more unified system of justice, which formalized relations among the different "social classes" rather than "tribes". The earliest and most famous example is the
Code of Hammurabi, which prescribed different punishments and compensation based on the classes or groups of victims and perpetrators.
The Torah/Old Testament lays down the death penalty for murder, kidnapping, practicing magic, violation of the
Sabbath, blasphemy, and a range of sexual crimes, although evidence suggests that actual executions were exceedingly rare, if they occurred at all. Describing punishment in the
Persian empire,
Herodotus mentions approvingly that no one, not even an enslaved person, can be executed for only a single crime. A
Peshotanu was a condemned person in Persia.
Ancient Greece The
Athenian legal system that replaced
customary oral law was first written down by
Draco in about 621 BC: the death penalty was applied for a particularly wide range of crimes, though
Solon later repealed Draco's code and published new laws, retaining capital punishment only for intentional homicide, and only with victim's family permission. The word
draconian derives from Draco's laws. The
Romans also used the death penalty for a wide range of offences. (1787)
Protagoras (whose thought is reported by
Plato) criticised the principle of revenge, because once the damage is done, it cannot be cancelled by any action. So, if the death penalty is to be imposed by society, it is only to protect society against the criminal or for a dissuasive purpose. "The only right that Protagoras knows is therefore human right, which, established and sanctioned by a sovereign collectivity, identifies itself with positive or the law in force of the city. In fact, it finds its guarantee in the death penalty which threatens all those who do not respect it." Plato saw the death penalty as a means of purification, because crimes were a "defilement". Thus, in the
Laws, he considered it necessary to execute the animal or destroy the object that caused the death of a man by accident. For the murderers, he considered that the act of homicide was not natural and was not fully consented to by the criminal. Homicide is thus a disease of the
soul, which must be reeducated as much as possible, and, as a last resort, sentenced to death if no rehabilitation is possible. According to
Aristotle, for whom free will is proper to man, a person is responsible for their actions. If there was a crime, a judge must determine the penalty, allowing the crime to be annulled by compensation. This is how pecuniary compensation appeared for criminals, the least recalcitrant, and whose rehabilitation was deemed possible. However, for others, he argued, the death penalty is necessary. This philosophy aims, on the one hand, to protect society and, on the other, to compensate for the consequences of the crime. It influenced Western criminal law until the 17th century, when the first reflections on abolishing the death penalty emerged.
Ancient Rome The
Twelve Tables, the body of laws handed down from archaic Rome, prescribe the death penalty for a variety of crimes, including libel, arson, and theft. During the
Late Republic, there was consensus among the public and legislators to reduce the incidence of capital punishment. This opinion led to
voluntary exile being prescribed in place of the death penalty, whereby a convict could either choose to leave in exile or face execution. A historic debate, followed by a vote, took place in the
Roman Senate to decide the fate of
Catiline's allies when he attempted to seize power in December, 63 BC. Cicero, then
Roman consul, argued in support of the killing of conspirators without judgment by decision of the Senate (
Senatus consultum ultimum) and was supported by the majority of senators; among the minority voices opposed to the execution, the most notable was
Julius Caesar. The custom was different for
foreigners who did not hold rights as
Roman citizens, and especially for enslaved people, who were transferrable property.
Crucifixion was a form of punishment first employed by the Romans against
enslaved people who rebelled, and throughout the Republican era was
reserved for enslaved people,
bandits, and
traitors. Intended to be a punishment, a humiliation, and a deterrent, the condemned could take up to a few days to die. Corpses of the crucified were typically left on the crosses to decompose and to be eaten by animals.
China There was a time in the
Tang dynasty (618–907) when the death penalty was abolished. This was in the year 747, enacted by
Emperor Xuanzong of Tang (r. 712–756). When abolishing the death penalty, Xuanzong ordered his officials to refer to the nearest regulation by analogy when sentencing those found guilty of crimes for which the prescribed punishment was execution. Thus, depending on the severity of the crime, a punishment of severe scourging with the thick rod or exile to the remote Lingnan region might take the place of capital punishment. However, the death penalty was restored only 12 years later in 759 in response to the
An Lushan Rebellion. At this time in the Tang dynasty, only the emperor had the authority to sentence criminals to execution. Under Xuanzong, capital punishment was relatively infrequent, with only 24 executions in the year 730 and 58 executions in the year 736. A further form of execution called Ling Chi (
slow slicing), or death by/of a thousand cuts, was used from the close of the Tang dynasty (around 900) to its abolition in 907. When a minister of the fifth grade or above received a death sentence, the emperor might grant him a special dispensation allowing him to commit suicide in lieu of execution. Even when this privilege was not granted, the law required that the condemned minister be provided with food and ale by his keepers and transported to the execution ground in a cart rather than having to walk there. Nearly all executions under the Tang dynasty took place in public as a warning to the population. The heads of the executed were displayed on poles or spears. When local authorities decapitated a convicted criminal, the head was boxed and sent to the capital as proof of identity and that the execution had taken place. In early modern Europe, a mass panic regarding witchcraft swept across Europe and later the
European colonies in North America. During this period, there were widespread claims that malevolent
Satanic witches were operating as an organised threat to
Christendom. As a result, tens of thousands of women were prosecuted for witchcraft and executed through the
witch trials of the early modern period (between the 15th and 18th centuries). The death penalty also targeted sexual offences such as
sodomy. In the early history of Islam (7th–11th centuries), there is a number of "purported (but mutually inconsistent) reports" (
athar) regarding the punishments of sodomy ordered by some of the
early caliphs.
Abu Bakr, the first caliph of the
Rashidun Caliphate, apparently recommended toppling a wall on the culprit, or else
burning him alive, Other medieval Muslim leaders, such as the
Abbasid caliphs in
Baghdad (most notably
al-Mu'tadid), were often cruel in their punishments. In early modern England, the
Buggery Act 1533 stipulated hanging as punishment for "
buggery".
James Pratt and John Smith were the last two Englishmen to be executed for sodomy in 1835. In 1636 the laws of
Puritan governed
Plymouth Colony included a sentence of death for sodomy and buggery. The
Massachusetts Bay Colony followed in 1641. Throughout the 19th century, U.S. states repealed death sentences from their sodomy laws, with South Carolina being the last to do so in 1873. Historians recognise that during the
Early Middle Ages, the Christian populations living in the
lands invaded by the Arab Muslim armies between the 7th and 10th centuries suffered
religious discrimination,
religious persecution,
religious violence, and
martyrdom multiple times at the hands of Arab Muslim officials and rulers. As
People of the Book, Christians under Muslim rule were subjected to
dhimmi status (along with
Jews,
Samaritans,
Gnostics,
Mandeans, and Zoroastrians), which was inferior to the status of Muslims. Christians and other religious minorities thus faced
religious discrimination and
religious persecution in that they were banned from
proselytising (for Christians, it was forbidden to
evangelise or spread Christianity) in the lands invaded by the Arab Muslims on pain of death, they were banned from bearing arms, undertaking certain professions, and were obligated to dress differently to distinguish themselves from Arabs.
Enlightenment philosophy While during the Middle Ages the expiatory aspect of the death penalty was taken into account, this is no longer the case under the
Lumières. These define the place of man within society no longer according to a divine rule, but as a contract established at birth between the citizen and society; it is the
social contract. From that moment on, capital punishment should be seen as useful to society through its dissuasive effect, but also as a means of protection of the latter vis-à-vis criminals.
Modern era of
Dei delitti e delle pene (
On Crimes and Punishments), 1766 ed. In the last several centuries, with the emergence of modern
nation states, justice came to be increasingly associated with the concept of
natural and legal rights. The period saw an increase in standing police forces and permanent penitential institutions.
Rational choice theory, a
utilitarian approach to
criminology which justifies punishment as a form of deterrence as opposed to retribution, can be traced back to
Cesare Beccaria, whose influential treatise
On Crimes and Punishments (1764) was the first detailed analysis of capital punishment to demand the abolition of the death penalty. In England,
Jeremy Bentham, the founder of modern utilitarianism, called for the abolition of the death penalty. Beccaria, and later
Charles Dickens and
Karl Marx noted the incidence of increased violent criminality at the times and places of executions. Official recognition of this phenomenon led to executions being carried out inside prisons, away from public view. In England in the 18th century, when there was no police force, Parliament drastically increased the number of capital offences to more than 200. These were mainly property offences, such as cutting down a cherry tree in an orchard. In 1820, there were 160, including crimes such as shoplifting, petty theft, or stealing cattle. The severity of the so-called
Bloody Code was often tempered by juries who refused to convict, or judges, in the case of petty theft, who arbitrarily set the value stolen at below the statutory level for a capital crime.
20th century , 1916 In
Nazi Germany, there were three types of capital punishment; hanging, decapitation, and death by shooting. Also, modern military organisations employed capital punishment as a means of maintaining military discipline. In the past,
cowardice, absence without leave,
desertion,
insubordination, shirking under enemy fire, and disobeying orders were often crimes punishable by death (see
decimation and
running the gauntlet). One method of execution, since firearms came into common use, has also been the firing squad, although some countries use execution with a single shot to the head or neck. '' in retaliation for the assassination of 1 German policeman in
Nazi-occupied Poland, 1944 Various authoritarian states have employed the death penalty as a potent means of
political oppression. Anti-Soviet author
Robert Conquest claimed that more than one million
Soviet citizens were executed during the
Great Purge of 1936 to 1938, almost all by a bullet to the back of the head.
Mao Zedong publicly stated that "800,000" people had been executed in China during the
Cultural Revolution (1966–1976). Partly as a response to such excesses, civil rights organisations started to place increasing emphasis on the concept of human rights and the abolition of the death penalty.
Contemporary era By continent, all European countries but one have abolished capital punishment; many Oceanian countries have abolished it; most countries in the Americas have abolished its use, while a few actively retain it; less than half of countries in Africa retain it; and the majority of countries in Asia retain it, for example,
China,
Japan and
India. Abolition was often adopted due to political change, as when countries shifted from authoritarianism to democracy, or when it became an entry condition for the EU. The United States is a notable exception: some states have had bans on capital punishment for decades, while others still actively use it. Notably, in 1846,
Michigan became the first government in the United States and also the first ever in the entire
Anglosphere to abolish the death penalty. The death penalty in the United States remains a contentious issue, which is
hotly debated. In retentionist countries, the debate is sometimes revived when a miscarriage of justice has occurred, though this tends to cause legislative efforts to improve the judicial process rather than to abolish the death penalty. In abolitionist countries, the debate is sometimes revived by particularly brutal murders, though few countries have brought it back after abolishing it. However, a spike in serious, violent crimes, such as murders or terrorist attacks, has prompted some countries to effectively end the moratorium on the death penalty. One notable example is
Pakistan which in December 2014 lifted a six-year moratorium on executions after the
Peshawar school massacre during which 132 students and 9 members of staff of the Army Public School and Degree College Peshawar were killed by
Tehrik-i-Taliban Pakistan terrorists, a group distinct from the
Afghan Taliban, who condemned the attack. Since then, Pakistan has executed over 400 convicts. In 2017, two major countries,
Turkey and the
Philippines, saw their executives making moves to reinstate the death penalty. In the same year, passage of the law in the Philippines failed to obtain the Senate's approval. On 29 December 2021, after a 20-year moratorium, the Kazakhstan government enacted the 'On Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan on the Abolition of the Death Penalty' signed by President
Kassym-Jomart Tokayev as part of a series of Omnibus reformations of the Kazak legal system 'Listening State' initiative. ==Abolition==