Tag Archives: state execution

VX Nerve Agent – What’s it all about?

VX Nerve Agent

 The incredible state sanctioned (unconfirmed but highly likely) execution of Kim Jong-nam has all the ingredients of a 1970’s John le Carré spy novel and the plot seems to thicken by the day as more and more details become available and the world is watching with bated breath to see where the story takes us next.

 

Related image

Kim Jong-nam

Composite photo of Doan Thi Huong and Siti Aisyah

According to reports today 28th Feb 2017 – the two women implicated in the killing of the estranged brother of North Korea’s leader will be charged with murder shortly, Malaysia’s prosecutor has says.

Attorney General Mohamed Apandi Ali said the women – from Indonesia and Vietnam – would be formally charged and could face death if convicted.

The women allegedly smeared a deadly chemical over Kim Jong-nam’s face at a Malaysia airport earlier this month.

They have said they thought they were taking part in a TV prank.

“They will be charged in court under Section 302 of the penal code,” the attorney general said, which is a murder charge with a mandatory death sentence if found guilty.

He said no decision had yet been taken on whether to charge a North Korean man, Ri Jong Chol, who is also being held over the killing.

That “depends on the outcome of the police investigation, which is still ongoing”, Mr Apandi was quoted as saying by AFP news agency.

See BBC News for full story

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Image result for nerve agent vx

What is VX?

 

VX is a lethal nerve agent and one of the deadliest chemicals ever created by man. It is classified as a weapon on mass destruction by the UN and can come in liquid, gas or cream form. A victim can be subjected to as little as 10mg and be dead within 15 minutes.

How does it work?

 

 

The chemical attacks the body’s nervous system and shuts it down, causing death. Victims may initially feel giddy or nauseous but soon their bodies begin to convulse and they can no longer breathe.

See Georgi Markov – The Umbrella Assassin

umbra-collage

See Alexander Litvinenko Polonium Execution

Alexander Litvinenko

History & Background

VX (nerve agent)

From Wikipedia, the free encyclopedia
VX
Stereo structural formula VX ((S)-phosphinate)
Ball and stick model of VX ((R)-phosphinate)
VX-S-enantiomer-3D-vdW.png
Names
IUPAC name

Ethyl ({2-[bis(propan-2-yl)amino]ethyl}sulfanyl)(methyl)phosphinate
Systematic IUPAC name

Ethyl ({2-[bis(propan-2-yl)amino]ethyl}sulfanyl)(methyl)phosphinate
Other names

[2-(Diisopropylamino)ethyl]-O-ethyl methylphosphonothioate
Ethyl {[2-(diisopropylamino)ethyl]sulfanyl}(methyl)phosphinate
Ethyl N-2-diisopropylaminoethyl methylphosphonothiolate
Identifiers
50782-69-9 YesY[1]
51848-47-6 YesY[1]
53800-40-1 YesY[1]
65143-05-7 N[1]
3D model (Jmol) Interactive image
Interactive image
ChEBI CHEBI:609247 N
ChEMBL ChEMBL483105 YesY
ChemSpider 36386 YesY
MeSH VX
PubChem 39793
Properties
C11H26NO2PS
Molar mass 267.37 g·mol−1
Density 1.0083 g cm−3
Melting point −3.90 °C (24.98 °F; 269.25 K)
Boiling point 300 °C (572 °F; 573 K)
log P 2.047
Vapor pressure 0.09 Pa
Hazards
NFPA 704
Flammability code 1: Must be pre-heated before ignition can occur. Flash point over 93 °C (200 °F). E.g., canola oil Health code 4: Very short exposure could cause death or major residual injury. E.g., VX gas Reactivity code 1: Normally stable, but can become unstable at elevated temperatures and pressures. E.g., calcium Special hazards (white): no code

NFPA 704 four-colored diamond

Flash point 159 °C (318 °F; 432 K)
Lethal dose or concentration (LD, LC):
7 µg/kg (intravenous, rat)
Except where otherwise noted, data are given for materials in their standard state (at 25 °C [77 °F], 100 kPa).
verify (what is YesYN ?)
Infobox references

VX (IUPAC name: O-ethyl S-[2-(diisopropylamino)ethyl] methylphosphonothioate) is an extremely toxic organophosphate. A tasteless and odorless liquid with an amber-like color, it severely disrupts the body’s nervous system and is used as a nerve agent in chemical warfare. Ten milligrams (0.00035 oz) is sufficient for it to be fatal through skin contact, and the median lethal dose for inhalation is estimated to be 30–50 mg·min/m3. As a chemical weapon, it is classified as a weapon of mass destruction (WMD) by the United Nations Resolution 687.

The production and stockpiling of VX exceeding 100 grams (3.53 oz) per year was outlawed by the Chemical Weapons Convention of 1993. The only exception is for “research, medical or pharmaceutical purposes outside a single small-scale facility in aggregate quantities not exceeding 10 kg [22 lb] per year per facility”.

The VX nerve agent is the best-known of the V-series of nerve agents and is considered an area denial weapon due to its physical properties. It is far more potent than sarin, another well-known nerve agent toxin, but works in a similar way.

Chemical characteristics

With its high viscosity and low volatility, VX has the texture and feel of motor oil. This makes it especially dangerous, as it has a high persistence in the environment. It is odorless and tasteless, and can be distributed as a liquid, either pure or as a mixture with a clay or talc in the form of thickened agent, or as an aerosol.

VX is an acetylcholinesterase inhibitor, i.e., it works by blocking the function of the enzyme acetylcholinesterase. Normally, when a motor neuron is stimulated, it releases the neurotransmitter acetylcholine into the space between the neuron and an adjacent muscle cell. When this acetylcholine is taken up by the muscle cell, it stimulates muscle contraction. To avoid a state of constant muscle contraction, the acetylcholine is then broken down to non-reactive substances (acetic acid and choline) by the enzyme acetylcholinesterase. VX blocks the action of acetylcholinesterase, resulting in an accumulation of acetylcholine in the space between the neuron and muscle cell, leading to uncontrolled muscle contraction.

This results in initial violent contractions, followed by sustained supercontraction restricted to the subjunctional endplate sarcoplasm and prolonged depolarizing neuromuscular blockade, the latter resulting in flaccid paralysis of all the muscles in the body. Sustained paralysis of the diaphragm muscle causes death by asphyxiation.

Synthesis

VX is produced via the transester process. This entails a series of steps whereby phosphorus trichloride is methylated to produce methyl phosphonous dichloride. The resulting material is reacted with ethanol to form a diester. This is then transesterified with N,N-diisopropylaminoethanol to produce the mixed phosphonite. Finally, this immediate precursor is reacted with sulfur to form VX.

 

VX TransesterProcess.png

VX can also be delivered in binary chemical weapons which mix in-flight to form the agent prior to release. Binary VX is referred to as VX2,[6] and is created by mixing O-(2-diisopropylaminoethyl) O′-ethyl methylphosphonite (Agent QL) with elemental sulfur (Agent NE) as is done in the Bigeye aerial chemical bomb. It may also be produced by mixing with sulfur compounds, as with the liquid dimethyl polysulfide mixture (Agent NM) in the canceled XM736 8-inch projectile program.

Solvolysis

Like other organophosphorus nerve agents, VX may be destroyed by reaction with strong nucleophiles. The reaction of VX with concentrated aqueous sodium hydroxide results in competing cleavage of the P-O and P-S esters, with P-S cleavage dominating. This is problematic, however, as the product of P-O bond cleavage (named EA 2192) remains toxic. In contrast, reaction with the hydroperoxide anion (hydroperoxidolysis) leads to exclusive cleavage of the P-S bond.

VX-solvolysis-P-S-2D-skeletal.png P-S cleavage
NaOH(aq) reacts with VX in two ways. It can cleave VX’s P-S bond, yielding two relatively nontoxic products…
VX-solvolysis-P-O-2D-skeletal.png P-O cleavage
…or it can cleave VX’s P-O bond, forming ethanol and EA 2192 (shown in red), which has similar toxicity to VX itself

Biological effects

VX is the most toxic nerve agent ever synthesized for which activity has been independently confirmed. The median lethal dose (LD50) for humans is estimated to be about 10 mg (0.00035 oz) through skin contact and the LCt50 for inhalation is estimated to be 30–50 mg·min/m3.

Nerve agents act by inhibiting the hydrolysis of acetylcholine (ACh) by acetylcholinesterase (AChE). Nerve agents bind to the active site of AChE, rendering it incapable of deactivating ACh. Any ACh that is not hydrolyzed (deactivated) still can interact with the receptor, resulting in persistent and uncontrolled stimulation of that receptor. Thus, the clinical effects of nerve agent poisoning are the result of this persistent stimulation and subsequent fatigue at the muscarinic and nicotinic ACh receptors.

Early symptoms of percutaneous exposure (skin contact) may be local muscular twitching or sweating at the area of exposure followed by nausea or vomiting. Some of the early symptoms of a VX vapor exposure to nerve agent may be rhinorrhea (runny nose) and/or tightness in the chest with shortness of breath (bronchial constriction). Miosis (pinpointing of the pupils) may be an early sign of agent exposure but is not usually used as the only indicator of exposure.

Treatment

When treating VX exposure, primary consideration should be given to removal of the liquid agent from the skin, before removal of the individual to an uncontaminated area or atmosphere. After removal from the area, the casualty (the victim) should be decontaminated by washing the contaminated areas with household bleach and flushing with clean water. After decontamination, clothing should be removed and skin contamination washed away. If possible, decontamination should be completed before the casualty is taken for further medical treatment.

An individual who has received a known nerve-agent exposure, or who exhibits definite signs or symptoms of nerve-agent exposure should immediately be given the antidotes atropine and pralidoxime (2-PAM), as well an injected sedative/antiepileptic such as diazepam. In several nations the nerve agent antidotes are issued for military personnel in the form of an autoinjector such as the United States military Mark I NAAK.

Atropine blocks a subset of acetylcholine receptors known as muscarinic acetylcholine receptors (mAchRs), so that the buildup of acetylcholine produced by loss of the acetylcholinesterase function has a reduced effect on their target receptor. Pralidoxime (2-PAM) reactivates the acetylcholinesterase enzyme (AChE), thus reversing the effects of VX. VX and other organophosphates block AChE activity by binding to the active site of the enzyme. The phosphate group on VX is transferred from VX to AChE, which inactivates the enzyme and produces an inactive metabolite of VX. Pralidoxime removes this phosphate group.

However, if pralidoxime is not given soon enough, the inactivated enzyme will “age”, resulting in a much stronger AChE-phosphate binding, that pralidoxime cannot reverse.

Diagnostic tests

Controlled studies in humans have shown that minimally toxic doses cause 70–75% depression of erythrocyte cholinesterase within several hours of exposure. The serum level of ethyl methylphosphonic acid (EMPA), a VX hydrolysis product, was measured to confirm exposure in one poisoning victim.

History

Discovery

The chemists Ranajit Ghosh La-a and J.F. Newman discovered the V-series nerve agents at the British firm ICI in 1952, patenting diethyl S-2-diethylaminoethyl phosphono- thioate (agent VG) in November 1952. Further commercial research on similar compounds ceased in 1955 when its lethality to humans was discovered. The U.S. went into production of large amounts of VX in 1961 at Newport Chemical Depot.

The discovery occurred when the chemists were investigating a class of organophosphate compounds (organophosphate esters of substituted aminoethanethiols).[16] Like Gerhard Schrader, an earlier investigator of organophosphates, Ghosh found that they were quite effective pesticides. In 1954, ICI put one of them on the market under the trade name Amiton. It was subsequently withdrawn, as it was too toxic for safe use. The toxicity did not go unnoticed, and samples of it had been sent to the British Armed Forces research facility at Porton Down for evaluation.

After the evaluation was complete, several members of this class of compounds became a new group of nerve agents, the V agents. The best-known of these is probably VX, assigned the UK Rainbow Code Purple Possum, with the Russian V-Agent coming a close second (Amiton is largely forgotten as VG). This class of compounds is also sometimes known as Tammelin’s esters, after Lars-Erik Tammelin of the Swedish National Defence Research Institute. Tammelin was also conducting research on this class of compounds in 1952, but did not widely publicize his work. The name is a contraction of the words “venomous agent X”.

Instances of VX use

There was evidence of a combination of chemical agents having been used by Iraq against the Kurds at Halabja in 1988 under Saddam Hussein. Hussein later testified to UNSCOM that Iraq had researched VX, but had failed to weaponize the agent due to production failure. After U.S. and allied forces had invaded Iraq, no VX agent or production facilities were found. However, UNSCOM laboratories detected traces of VX on warhead remnants.

In December 1994 and January 1995, Masami Tsuchiya of Aum Shinrikyo synthesized 100 to 200 grams (3.5 to 7.1 oz) of VX which was used to attack three people. Two people were injured and one 28-year-old man died, who was the first victim of VX ever documented in the world at that time. The VX victim, whom Shoko Asahara had suspected as a spy, was attacked at 7:00 am on December 12, 1994 on the street in Osaka by Tomomitsu Niimi and another AUM member, who sprinkled the nerve agent on his neck.

He chased them for about 100 yards (90 metres) before collapsing, dying 10 days later without ever coming out of a deep coma. Doctors in the hospital suspected at the time he had been poisoned with an organophosphate pesticide, but the cause of death was pinned down only after cult members arrested for the subway attack confessed to the killing. Metabolites of VX such as ethyl methylphosphonate, methylphosphonic acid and diisopropyl-2-(methylthio)ethylamine were later found in samples of the victim’s blood seven months after his murder.

Unlike the cases for sarin gas (the Matsumoto incident and the attack on the Tokyo subway), VX was not used for mass murder.

On February 13, 2017, Kim Jong-nam, half-brother of North Korean leader Kim Jong-un, died after an assault in Kuala Lumpur International Airport in Malaysia. According to the authorities he was murdered by poisoning with VX which was found on his face.

The authorities further reported that one of the women suspected of applying the nerve agent experienced some physical symptoms of VX-poisoning. The director of a non-proliferation research program of the Middlebury Institute of International Studies at Monterey stated that VX fumes would have killed the suspected attackers even if they had been wearing gloves, suggesting that the VX was applied as two non-fatal components that would mix to form VX only on the victim’s face.

Worldwide stockpiles

Some countries known to possess VX are the United States, Russia,  and Syria.

A Sudanese pharmaceutical facility, the Al-Shifa pharmaceutical factory, was bombed by the U.S. in 1998 acting on information that it produced VX and that the origin of the agent was associated with both Iraq and Al Qaeda. The U.S. had obtained soil samples identified as containing O-ethyl hydrogen methylphosphonothioate (EMPTA), a chemical used in the production of VX which may also have commercial applications. Chemical weapons experts later suggested that the widely used Fonophos organophosphate insecticide could have been mistaken for EMPTA.

In 1969, the U.S. government canceled its chemical weapons programs, banned the production of VX in the United States, and began the destruction of its stockpiles of agents by a variety of methods. Early disposal included the U.S. Army’s CHASE (Cut Holes And Sink ‘Em) program, in which old ships were filled with chemical weapons stockpiles and then scuttled. CHASE 8 was conducted on June 15, 1967, in which the steamship Cpl. Eric G. Gibson was filled with 7,380 VX rockets and scuttled in 2,200 m (7,200 ft) of water off the coast of Atlantic City, New Jersey. Incineration was used for VX stockpile destruction starting in 1990 with Johnston Atoll Chemical Agent Disposal System in the North Pacific with other incineration plants following at Deseret Chemical Depot, Pine Bluff Arsenal, Umatilla Chemical Depot and Anniston Army Depot with the last of the VX inventory destroyed on December 24, 2008.

Stockpile elimination under the Chemical Weapons Convention

Worldwide, VX disposal has continued since 1997 under the mandate of the Chemical Weapons Convention. In fiscal year 2008, the U.S. Department of Defense released a study finding that the United States had dumped at least 112 tonnes (124 short tons) of VX into the Atlantic Ocean off the coasts of New York/New Jersey and Florida between 1969 and 1970. This material consisted of nearly 22,000 M55 rockets, 19 bulk containers holding 640 kg (1,400 lb) each, and one M23 chemical landmine.

The Newport Chemical Depot began VX stockpile elimination using chemical neutralization in 2005. VX was hydrolyzed to much less toxic byproducts by using concentrated caustic solution, and the resulting waste was then shipped off-site for further processing. Technical and political issues regarding this secondary byproduct resulted in delays, but the depot completed their VX stockpile destruction in August 2008.

The remaining VX stockpile in the U.S. will be treated by the Blue Grass Chemical Agent-Destruction Pilot Plant, part of the Program Executive Office, Assembled Chemical Weapons Alternatives program. The program was established as an alternative to the incineration process successfully used by the Army Chemical Materials Agency, which completed its stockpile destruction activities in March 2012. The Blue Grass Pilot Plant has been plagued by repeated cost over-runs and schedule slippages since its inception.

In Russia, the U.S. is providing support for these destruction activities with the Nunn-Lugar Global Cooperation Initiative. The Initiative has been able to convert a former chemical weapons depot at Shchuchye, Kurgan Oblast, into a facility to destroy those chemical weapons. The new facility, which opened in May 2009, has been working on eliminating the nearly 5,400 tonnes (5,950 short tons) of nerve agents held at the former storage complex. However, this facility only holds about 14% of Russian chemical weapons, which are stored at seven sites.

In popular culture

One of the best-known references to VX in popular culture is its use in the 1996 film The Rock,  which centers on a threatened VX attack on San Francisco from the island of Alcatraz. The film uses artistic license, notably with VX being ascribed corrosive powers it does not possess, permitting an early scene in which a VX victim is shown with his face melting, rather than dying through asphyxiation. It also shows the hero applying an intracardiac injection of atropine as a defense against VX contamination, rather than the more usual intramuscular injection (e.g. into the thigh) of a combination of atropine and pralidoxime.

In the BBC One spy drama Spooks, an episode named “I Spy Apocalypse” (Series 2, Episode 5) features an EERE (Extreme Emergency Response Exercise) turned real life emergency. A dirty bomb was reported to have exploded in Parliament Square and later the Morningside area of Edinburgh. The bomb was confirmed to have dispersed VX in quantities that exceeded the lethal dose across much of the southeast of England. It is later found that the emergency is a well constructed and believable exercise designed to test the MI5 officers to their limits.

In the CBS American science-based drama television series Eleventh Hour, an episode named Subway (Episode 16); Dr Hood, a science advisor to the FBI is called in to determine the cause of a poison cluster, which is killing people in Philadelphia.

VX agent was featured on the History Channel’s television series Modern Marvels in the episode Deadliest Weapons (Season 11, Episode 10).

Another reference to VX is found in the 2012 art-house dark comedy film It’s a Disaster. The film centers around four couples who gather for a regular couples brunch and later learn about a multi-city VX attack on the United States that may threaten their lives

Capital Punishment – Where & Why? History & Background

Capital Punishment

5 Surprising Facts About the Death Penalty Worldwide

An execution chamber.

Bullet holes are visible in the wood panel behind the execution chair at Utah State Prison, where convicted murderer Ronnie Lee Gardner was executed by firing squad in June 2010.

1. The United States ranked fifth for the highest number of executions.

The U.S. takes a spot behind China, Iran, Iraq, and Saudi Arabia for the most executions in the world last year, sitting ahead of Yemen and the Sudan.

This ranking comes as no surprise to Brian Evans, Amnesty International’s acting director on the Death Penalty Abolition Campaign, who said the same countries are in the top eight every year. (See video: “Inside Death Row.”)

But why is the U.S.—which seems like somewhat of an outlier politically, culturally, and geographically—always in the top five?

According to Evans, the U.S. has a strict attitude toward punishment in general. Having a severe attitude toward the death penalty is only natural when you consider that the U.S. leads the world in mass incarceration of prisoners and holds records for solitary confinement and sentences to life in prison.

2. Saudia Arabia saw the execution of one man by “crucifixion.”

Methods of execution vary between regions based on culture and available technology, and they usually include standard tactics, such as hanging, beheading, firing squad, and lethal injection. In Saudi Arabia, however, one accused man was put on display after being beheaded in a practice known as crucifixion, according to the country’s state news agency, SPA.

The reasoning behind executions also vary around the world. In Papua New Guinea, for example, a woman and her two daughters are currently being held captive with charges of sorcery and risk a death sentence. It’s common in the Pacific country for those accused of sorcery, especially women, to face horrific acts of violence that often end in death.

3. China keeps its execution numbers secret.

The Chinese government is notorious for keeping statistics about their criminal executions secret, and in past years, Amnesty International was forced to rank China based on the minimum number of executions that researchers could confirm. Since that number was always drastically lower than the assumed reality, researchers now use reliable media sources and human rights groups—rather than official government sources—to estimate the number of executions in China.

Using this data, the 2012 report estimates that thousands of criminals were killed in China last year alone, while the tally for the rest of the world combined stands at 682.

4. Japan’s executions actually increased in 2012 after a long hiatus.

While the global trend for the death penalty is actually declining around the world, Japan—and other notable countries such as India and Pakistan—resumed executing criminals after a long stint of being execution-free. At least seven death row inmates were killed in Japan last year, ending a 20-month period without executions.

Why the change? “It all depends on which political party is in power,” Evans said. One prime minister will come into power and abolish the practice, then the next will just reinstate it, leaving the lives of criminals in the hands of changing political whims.

5. Just 21 countries in the world carried out the death penalty last year.

In the broad scope of things, only a fraction of the world’s total countries (the total being 195 by National Geographic’s count) actually used execution as a means of punishment last year. That number is down from 28 countries just a decade earlier, suggesting a downward trend in the global practice.

The few countries that do still practice execution are situated in “regional pockets” around the world, Evans noted. Just four countries in the Middle East, for example, are responsible for all the executions in the region. And in the U.S., death penalty laws differ by state, with hotbeds of execution in the U.S. South, Ohio, and Arizona.

In December 2012, 111 countries—or more than half the world’s countries—voted in favor of a United Nations resolution that would declare a global moratorium on executions.

As for the other countries? “They’ll come around when they take a longer look at their death penalties,” Evans said, “but it’ll be a while.”

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Syrian Adulteress Survives Stoning Punishment, Jurist Spares Her From Death

Stoning to Death        Militants from Hizbul Islam haul Mohamed Ibrahim, 48, from a pit after stoning him to death for illicit sexual intercourse with a woman in the Afgoye district, December 13, 2009. Ibrahim was sentenced to death by a local Islamic court after he was found guilty of infidelity. Reuters

Similar to a Biblical event when Jesus Christ spared an adulteress from stoning, a Syrian woman with a similar crime and sentence miraculously survived the stoning that a male juror spared her from further death.

IJReview reports that the incident happened on Friday in northern Syria which is controlled by the Islamic State (IS). The source of the report is the Syrian Observatory for Human Rights.

According to the observatory, the sentence – an example of the IS brutality – was carried out in Raqqa by a group of gunmen who pelted the woman with heavy stones. They thought she was dead, but the adulteress stood up and started to walk away.

One of the jihadists prevent the woman from leaving and tried to capture her. He attempted to shoot her, but an Islamic jurist stopped him and said, “Her sentence is done, let her go and repent to her God,” quotes the observatory.

The jurist added that it was a miracle from God that she didn’t die.

Adultery and homosexuality are among the crimes that the IS, citing sharia law, punishes by stoning. The observatory said that of the 15 people stoned by the IS since July in Syria, 9 were women. Also punishable by stoning are blasphemy and apostasy.

In one of the stonings held in October 2014, the father of the sentenced woman even helped stone his daughter to death, reports The Clarion Project, which challenges extremism but promotes dialogue.

By stoking fear in the hearts of residents of the caliphate through brutal interpretation of Islamic laws, IS further holds parts of Syria and Iraq on its iron grip.

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Capital Punishment

CAPTIAL PUNISHMENT OVER THE YEARS – Discovery History Crime (full documentary)

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Capital punishment, death penalty or execution is punishment by death. The sentence that someone be punished in this manner is a death sentence. Crimes that can result in a death penalty are known as capital crimes or capital offences. The term capital originates from the Latincapitalis, literally “regarding the head” (referring to execution by beheading).[1]

Capital punishment has, in the past, been practiced by most societies, as a punishment for criminals, and political or religious dissidents. Historically, the carrying out of the death sentence was often accompanied by torture, and executions were most often public.[2]

36 countries actively practice capital punishment, 103 countries have completely abolished it de jure for all crimes, 6 have abolished it for ordinary crimes only (while maintaining it for special circumstances such as war crimes), and 50 have abolished it de facto (have not used it for at least ten years and/or are under moratorium).

Nearly all countries in the world prohibit the execution of individuals who were under the age of 18 at the time of their crimes; since 2009, only Iran, Saudi Arabia, and Sudan have carried out such executions.[3] Executions of this kind are prohibited under international law.[3]

Capital punishment is a matter of active controversy in various countries and states, and positions can vary within a single political ideology or cultural region. In the European Union member states, Article 2 of the Charter of Fundamental Rights of the European Union prohibits the use of capital punishment.[4] The Council of Europe, which has 47 member states, also prohibits the use of the death penalty by its members.

The United Nations General Assembly has adopted, in 2007, 2008, 2010, 2012 and 2014[5] non-binding resolutions calling for a global moratorium on executions, with a view to eventual abolition.[6] Although many nations have abolished capital punishment, over 60% of the world’s population live in countries where executions take place, such as China, India, the United States and Indonesia, the four most-populous countries in the world, which continue to apply the death penalty (although in many US states it is rarely employed). Each of these four nations has consistently voted against the General Assembly resolutions.[7][8][9][10][11][12][13][14][15]

History

Anarchist Auguste Vaillant guillotined in France in 1894

Execution of criminals and political opponents has been used by nearly all societies—both to punish crime and to suppress political dissent. In most countries that practice capital punishment it is reserved for murder, espionage, treason, or as part of military justice. In some countries sexual crimes, such as rape, adultery, incest and sodomy, carry the death penalty, as do religious crimes such as apostasy in Islamic nations (the formal renunciation of the state religion). In many countries that use the death penalty, drug trafficking is also a capital offense. In China, human trafficking and serious cases of corruption are punished by the death penalty. In militaries around the world courts-martial have imposed death sentences for offenses such as cowardice, desertion, insubordination, and mutiny.[16]

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 punishment for wrongdoing generally included compensation by the wrongdoer, corporal punishment, shunning, banishment and execution. Usually, compensation and shunning were enough as a form of justice.[17] The response to crime committed by neighbouring tribes or communities included an aformal apology, compensation or blood feuds.

A blood feud or vendetta occurs when arbitration between families or tribes fails or an arbitration system is non-existent. This form of justice was common before the emergence of an arbitration system based on 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.”[18] However, in practice, it is often difficult to distinguish between a war of vendetta and one of conquest.

Severe historical penalties include breaking wheel, boiling to death, flaying, slow slicing, disembowelment, crucifixion, impalement, crushing (including crushing by elephant), stoning, execution by burning, dismemberment, sawing, decapitation, scaphism, necklacing or blowing from a gun.

The Christian Martyrs’ Last Prayer, by Jean-Léon Gérôme (1883). Roman Colosseum.

Ancient history

Elaborations of tribal arbitration of feuds included peace settlements often done in a religious context and compensation system. Compensation was based on the principle of substitution which might include material (for example, cattle, slave) compensation, exchange of brides or grooms, or payment of the blood debt. Settlement rules could allow for animal blood to replace human blood, or transfers of property or blood money or in some case an offer of a person for execution. The person offered for execution did not have to be an original perpetrator of the crime because the system was based on tribes, not individuals. Blood feuds could be regulated at meetings, such as the Norsemen things.[19] Systems deriving from blood feuds may survive alongside more advanced legal systems or be given recognition by courts (for example, trial by combat). One of the more modern refinements of the blood feud is the duel.

Giovanni Battista Bugatti, executioner of the Papal States between 1796 and 1865, carried out 516 executions (Bugatti pictured offering snuff to a condemned prisoner). Vatican City abolished its capital punishment statute in 1969.

In certain parts of the world, nations in the form of ancient republics, monarchies or tribal oligarchies emerged. These nations were often united by common linguistic, religious or family ties. Moreover, expansion of these nations often occurred by conquest of neighbouring tribes or nations. Consequently, various classes of royalty, nobility, various commoners and slave emerged. Accordingly, the systems of tribal arbitration were submerged into a more unified system of justice which formalized the relation between the different “classes” rather than “tribes”. The earliest and most famous example is Code of Hammurabi which set the different punishment and compensation, according to the different class/group of victims and perpetrators. The Torah (Jewish Law), also known as the Pentateuch (the first five books of the Christian Old Testament), lays down the death penalty for murder, kidnapping, magic, violation of the Sabbath, blasphemy, and a wide range of sexual crimes, although evidence suggests that actual executions were rare.[20]

A further example comes from Ancient Greece, where the Athenian legal system 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 only Draco’s homicide statutes.[21] The word draconian derives from Draco’s laws. The Romans also used death penalty for a wide range of offenses.[22]

Tang dynasty

Although many are executed in the People’s Republic of China each year in the present day, there was a time in the Tang dynasty when the death penalty was abolished.[23] 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 of 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.[24] 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.[23]

The two most common forms of execution in the Tang dynasty were strangulation and decapitation, which were the prescribed methods of execution for 144 and 89 offenses respectively. Strangulation was the prescribed sentence for lodging an accusation against one’s parents or grandparents with a magistrate, scheming to kidnap a person and sell them into slavery and opening a coffin while desecrating a tomb. Decapitation was the method of execution prescribed for more serious crimes such as treason and sedition. Interestingly, and despite the great discomfort involved, most of the Tang Chinese preferred strangulation to decapitation, as a result of the traditional Tang Chinese belief that the body is a gift from the parents and that it is, therefore, disrespectful to one’s ancestors to die without returning one’s body to the grave intact.

Some further forms of capital punishment were practiced in the Tang dynasty, of which the first two that follow at least were extralegal. The first of these was scourging to death with the thick rod which was common throughout the Tang dynasty especially in cases of gross corruption. The second was truncation, in which the convicted person was cut in two at the waist with a fodder knife and then left to bleed to death.[25] 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 1905.

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.

[25]

Middle Ages

The burning of Jakob Rohrbach, a leader of the peasants during the German Peasants’ War.

An Aztec adulterer being stoned to death; Florentine Codex.

Criminal executed by an elephant, Baroda.

In medieval and early modern Europe, before the development of modern prison systems, the death penalty was also used as a generalized form of punishment. During the reign of Henry VIII, as many as 72,000 people are estimated to have been executed.

During early modern Europe, a massive moral 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 organized threat to Christendom. As a result, tens of thousands of women were prosecuted and executed through the witch trials of the early modern period (between the 15th and 18th centuries).

The death penalty also targeted sexual offenses such as sodomy. In 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.[27]

Despite the wide use of the death penalty, calls for reform were not unknown. The 12th century Jewish legal scholar, Moses Maimonides, wrote, “It is better and more satisfactory to acquit a thousand guilty persons than to put a single innocent man to death.” He argued that executing an accused criminal on anything less than absolute certainty would lead to a slippery slope of decreasing burdens of proof, until we would be convicting merely “according to the judge’s caprice”. Maimonides’ concern was maintaining popular respect for law, and he saw errors of commission as much more threatening than errors of omission.[28]

Islam on the whole accepts capital punishment,[29] and the Abbasid Caliphs in Baghdad, such as Al-Mu’tadid, were often cruel in their punishments.[30] For hudud crimes such as zina (consensual extramarital or homosexual sex) and apostasy (leaving Islam and converting to another religion), Sharia requires capital punishment in public, while for crimes such as murder and manslaughter, the victim’s family can either seek execution (Qisas) or can choose to spare the life of the killer in exchange for blood money restitution (Diyya).[31][32]

The breaking wheel was used during the Middle Ages and was still in use into the 19th century.

Modern era

Mexican execution by firing squad, 1916

The last several centuries have seen the emergence of modern nation-states. Almost fundamental to the concept of nation state is the idea of citizenship. This caused justice to be increasingly associated with equality and universality, which in Europe saw an emergence of the concept of natural rights. Another important aspect is that emergence of standing police forces and permanent penitential institutions. The argument that deterrence, rather than retribution, is the main justification for punishment is a hallmark of the rational choice theory and can be traced to Cesare Beccaria whose well-known treatise On Crimes and Punishments (1764), condemned torture and the death penalty and Jeremy Bentham who twice critiqued the death penalty.[33] Moving executions there inside prisons and away from public view was prompted by official recognition of the phenomenon reported first by Beccaria in Italy and later by Charles Dickens and Karl Marx of increased violent criminality at the times and places of executions.

By 1820 in Britain, there were 160 crimes that were punishable by death, including crimes such as shoplifting, petty theft, stealing cattle, or cutting down trees in public place.[34] The severity of the so-called Bloody Code, however, 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.[35]

Contemporary era

Polish women being led to a Nazi execution site in the Palmiry forest, near Warsaw.

The execution of Stanislaus Lacroix, 21 March 1902, Hull, Quebec. At top right, onlookers watch from telephone poles.

Old Sparky, the electric chair used at Sing Sing prison

The 20th century was a violent period. Tens of millions were killed in wars between nation-states as well as genocide perpetrated by nation states against political opponents (both perceived and actual), ethnic and religious minorities; the Turkish assault on the Armenians, Hitler’s attempt to exterminate the European Jews, the Khmer Rouge decimation of Cambodia, the massacre of the Tutsis in Rwanda, to cite four of the most notorious examples. A large part of execution was the summary execution of enemy combatants. In Nazi Germany there were three types of capital punishment; hanging, decapitation and death by shooting.[36] Also, modern military organisations employed capital punishment as a means of maintaining military discipline. The Soviets, for example, executed 158,000 soldiers for desertion during World War II.[37] In the past, cowardice, absence without leave, desertion, insubordination, looting, 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 almost invariably been firing squad.

Various authoritarian states— for example those with fascist or communist governments—employed the death penalty as a potent means of political oppression. According to Robert Conquest, the leading expert on Stalin’s purges, more than 1 million Soviet citizens were executed during the Great Terror of 1937–38, almost all by a bullet to the back of the head.[38] Mao Zedong publicly stated that “800,000” people had been executed after the Communist Party’s victory in 1949. Partly as a response to such excesses, civil rights organizations have started to place increasing emphasis on the concept of human rights and an abolition of the death penalty.

Among countries around the world, almost all European and many Pacific Area states (including Australia, New Zealand and Timor Leste), and Canada have abolished capital punishment. In Latin America, most states have completely abolished the use of capital punishment while some countries, such as Brazil, allow for capital punishment only in exceptional situations, such as treason committed during wartime. The United States (the federal government and 31 of the states), Guatemala, most of the Caribbean and the majority of democracies in Asia (for example, Japan and India) and Africa (for example, Botswana and Zambia) retain it. South Africa’s Constitutional Court, in judgment of the case of State v Makwanyane and Another, unanimously abolished the death penalty on 6 June 1995.[39][40]

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 European Union. The United States is a notable exception: some states have had bans on capital punishment for decades (the earliest is Michigan, where it was abolished in 1846), while others actively use it today. The death penalty there remains a contentious issue which is hotly debated.

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 (such as Sri Lanka and Jamaica) to effectively end the moratorium on the death penalty. In retention 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.

Modern-day public opinion

Cesare Beccaria, Dei delitti e delle pene

The public opinion on the death penalty varies considerably by country and by the crime in question, despite the evidence against its power as a deterrent.[41] Countries where a majority of people are against execution include New Zealand, where 55 percent of the population oppose its use,[42] Australia where only 23 percent support the death penalty,[43] and Norway where only 25 percent are in favour.[44] Most French, Finns and Italians also oppose the death penalty.[45] A 2010 Gallup poll shows that 64% of Americans support the death penalty for someone convicted of murder, down from 65% in 2006 and 68% in 2001.[46][47]

Use of capital punishment is growing in India in the 2010s[48] due to both a growth in right wing politics and due to anger over several recent brutal cases of rape.[48] While support for the death penalty for murder is still high in China executions have dropped precipitously, with only 3000 executed in 2012 versus 12,000 in 2002.[49] A poll in South Africa found that 76 percent of millennium generation South Africans support re-introduction of the death penalty, which is abolished in South Africa.[50]

Movements towards painless execution

Death Row The Final 24 Hours Documentary & Discovery HD Channel (Official) – documentary latest

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Further information: Cruel and unusual punishment

A gurney in the San Quentin State Prison in the United States on which prisoners are restrained during an execution by lethal injection.

Trends in most of the world have long been to move to less painful, or more humane, executions. France developed the guillotine for this reason in the final years of the 18th century, while Britain banned drawing and quartering in the early 19th century. Hanging by turning the victim off a ladder or by kicking a stool or a bucket, which causes death by suffocation, was replaced by long drop “hanging” where the subject is dropped a longer distance to dislocate the neck and sever the spinal cord. Shah of Persia introduced throat-cutting and blowing from a gun as quick and painless alternatives to more tormentous methods of executions used at that time.[51] In the U.S., the electric chair and the gas chamber were introduced as more humane alternatives to hanging, but have been almost entirely superseded by lethal injection, which in turn has been criticised as being too painful. Nevertheless, some countries still employ slow hanging methods, beheading by sword and stoning.

In early New England, public executions were a very solemn and sorrowful occasion, sometimes attended by large crowds, who also listened to a Gospel message[52] and remarks by local preachers and politicians. The Connecticut Courant records one such public execution on 1 December 1803, saying, “The assembly conducted through the whole in a very orderly and solemn manner, so much so, as to occasion an observing gentleman acquainted with other countries as well as this, to say that such an assembly, so decent and solemn, could not be collected anywhere but in New England.”[53]

Abolition of capital punishment

Peter Leopold II, Grand Duke of Tuscany, by Joseph Hickel (de), 1769

Many countries have abolished capital punishment either in law or in practice. Since World War II there has been a trend toward abolishing capital punishment. 103 countries have abolished capital punishment altogether, 6 have done so for all offences except under special circumstances and 50 have abolished it in practice because they have not used it for at least 10 years or are under a moratorium.

The death penalty was banned in China between 747 and 759. In Japan, Emperor Saga abolished the death penalty in 818 under the influence of Shinto and it lasted until 1156.[54]

In England, a public statement of opposition was included in The Twelve Conclusions of the Lollards, written in 1395. Sir Thomas More’s Utopia, published in 1516, debated the benefits of the death penalty in dialogue form, coming to no firm conclusion. More recent opposition to the death penalty stemmed from the book of the Italian Cesare Beccaria Dei Delitti e Delle Pene (“On Crimes and Punishments“), published in 1764. In this book, Beccaria aimed to demonstrate not only the injustice, but even the futility from the point of view of social welfare, of torture and the death penalty. Influenced by the book, Grand Duke Leopold II of Habsburg, famous enlightened monarch and future Emperor of Austria, abolished the death penalty in the then-independent Grand Duchy of Tuscany, the first permanent abolition in modern times. On 30 November 1786, after having de facto blocked capital executions (the last was in 1769), Leopold promulgated the reform of the penal code that abolished the death penalty and ordered the destruction of all the instruments for capital execution in his land. In 2000, Tuscany’s regional authorities instituted an annual holiday on 30 November to commemorate the event. The event is commemorated on this day by 300 cities around the world celebrating Cities for Life Day.

The Roman Republic banned capital punishment in 1849. Venezuela followed suit and abolished the death penalty in 1854[55] and San Marino did so in 1865. The last execution in San Marino had taken place in 1468. In Portugal, after legislative proposals in 1852 and 1863, the death penalty was abolished in 1867.

Abolition occurred in Canada in 1976 (except for some military offences, with complete abolition in 1998), in France in 1981, and in Australia in 1973 (although the state of Western Australia retained the penalty until 1984). In 1977, the United Nations General Assembly affirmed in a formal resolution that throughout the world, it is desirable to “progressively restrict the number of offenses for which the death penalty might be imposed, with a view to the desirability of abolishing this punishment”.[56]

In the United Kingdom, it was abolished for murder (leaving only treason, piracy with violence, arson in royal dockyards and a number of wartime military offences as capital crimes) for a five-year experiment in 1965 and permanently in 1969, the last execution having taken place in 1964. It was abolished for all peacetime offences in 1998.[57]

In the United States, Michigan was the first state to ban the death penalty, on 18 May 1846.[58] The death penalty was declared unconstitutional between 1972 and 1976 based on the Furman v. Georgia case, but the 1976 Gregg v. Georgia case once again permitted the death penalty under certain circumstances. Further limitations were placed on the death penalty in Atkins v. Virginia (death penalty unconstitutional for people with an intellectual disability) and Roper v. Simmons (death penalty unconstitutional if defendant was under age 18 at the time the crime was committed). In the United States, 18 states and the District of Columbia ban capital punishment, with Maryland the most recent state to ban the practice.[59]

One of the latest countries to abolish the death penalty for all crimes was Gabon, in February 2010.[60]

Abolitionists believe capital punishment is the worst violation of human rights, because the right to life is the most important, and capital punishment violates it without necessity and inflicts to the condemned a psychological torture. Human rights activists oppose the death penalty, calling it “cruel, inhuman, and degrading punishment”. Amnesty International considers it to be “the ultimate, irreversible denial of Human Rights”.[61]

Contemporary use

Public execution

Public execution of a woman, known as Zarmeena, by the Taliban at the Ghazi Sports Stadium in Kabul, Afghanistan (November 16, 1999)[62]

A public execution is a form of capital punishment in which “members of the general public may voluntarily attend”. The standard definition normally excludes the presence of a limited number of “passive citizens” that “witness the event to assure executive accountability”.[63] While today the great majority of the world considers public executions to be uncivilized and distasteful and most countries have outlawed the practice, throughout much of history executions were performed publicly as a means for the state to demonstrate “its power before those who fell under its jurisdiction be they criminals, enemies, or political opponents”. Additionally, it afforded the public a chance to witness “what was considered a great spectacle”.[64]

According to Amnesty International, in 2012 “public executions were known to have been carried out in Iran, North Korea, Saudi Arabia and Somalia“.[65] Public executions have also taken place in Hamas-controlled Gaza.[66] Mass public executions in accordance with an arguably radical form of Sharia law, occur occasionally within the vast swathes of territory occupied by Islamic State of Iraq and the Levant.[67]

Global distribution

Legend

  Abolished for all crimes – 103 (53%)
  Abolished for all crimes except under exceptional/special circumstances (such as crimes committed in wartime) – 6 (3%)
  Not used in practice (under a moratorium or have not used capital punishment in at least 10 years) – 50 (26%)
  Retainers of the death penalty in law and practice – 36 (18%)

*Note – Accurate as of March 2015 when Suriname abolished capital punishment.

A map showing the use of the death penalty in the United States by individual states. Note that the death penalty is used throughout the United States for certain federal crimes.

  State does not use the death penalty.
  State uses the death penalty.

Many countries have abolished capital punishment either in law or in practice. Since World War II there has been a trend toward abolishing the death penalty. 36 retained the death penalty in active use, 103 countries had abolished capital punishment altogether, 6 had done so for all offences except under special circumstances and 50 have abolished it in practice because they had not used it for at least 10 years or were under a moratorium (see Use of capital punishment by country for details). According to Amnesty International, 22 countries were known to have had executions carried out in 2013.[68] There are countries which do not publish information on the use of capital punishment, most significantly China and North Korea.[69] At least 23,392 people worldwide were under sentence of death at the end of 2013.[68]

Rank Country Number executed in 2013[70]
1 China People’s Republic of China 7003240000000000000♠2,400 (estimate, official number not released)[71]
2 North Korea North Korea 5000000000000000000♠0+(official number not released)
3 Iran Iran 7002369000000000000♠369+
4 Iraq Iraq 7002169000000000000♠169+
5 Saudi Arabia Saudi Arabia 7001790000000000000♠79+
6 United States United States 7001390000000000000♠39
7 Somalia Somalia 7001340000000000000♠34+
8 Sudan Sudan 7001210000000000000♠21+
9 Yemen Yemen 7001130000000000000♠13+
10 Japan Japan 7000800000000000000♠8
11 Vietnam Vietnam 7000700000000000000♠7+
12 Taiwan Republic of China (Taiwan) 7000600000000000000♠6
13 Indonesia Indonesia 7000500000000000000♠5
14 Kuwait Kuwait 7000500000000000000♠5
15 South Sudan South Sudan 7000400000000000000♠4+
16 Nigeria Nigeria 7000400000000000000♠4
17 State of Palestine Palestine 7000300000000000000♠3
18 Malaysia Malaysia 7000200000000000000♠2+
19 Afghanistan Afghanistan 7000200000000000000♠2
20 Bangladesh Bangladesh 7000200000000000000♠2
21 Botswana Botswana 7000100000000000000♠1
22 India India 7000100000000000000♠1

The use of the death penalty is becoming increasingly restrained in some retentionist countries including Taiwan and Singapore.[72] Indonesia carried out no executions between November 2008 and March 2013.[73] Japan and 31 states in the United States are the only developed countries that are classified by Amnesty International as ‘retentionist’ (South Korea is classified as ‘abolitionist in practice’).[74] Nearly all retentionist countries are situated in Asia, Africa and the Caribbean.[74] The only retentionist country in Europe is Belarus. The death penalty was overwhelmingly practised in poor and authoritarian states, which often employed the death penalty as a tool of political oppression. During the 1980s, the democratisation of Latin America swelled the ranks of abolitionist countries.

This was soon followed by the fall of Communism in Europe. Many of the countries which restored democracy aspired to enter the EU. The European Union and the Council of Europe both strictly require member states not to practise the death penalty (see Capital punishment in Europe). Public support for the death penalty in the EU varies.[75] The last execution on the present day territory of the Council of Europe has taken place in 1997 in Ukraine.[76][77] On the other hand, rapid industrialisation in Asia has been increasing the number of developed retention countries. In these countries, the death penalty enjoys strong public support, and the matter receives little attention from the government or the media; in China there is a small but growing movement to abolish the death penalty altogether.[78] This trend has been followed by some African and Middle Eastern countries where support for the death penalty is high.

Some countries have resumed practicing the death penalty after having suspended executions for long periods. The United States suspended executions in 1972 but resumed them in 1976, then again on 25 September 2007 to 16 April 2008; there was no execution in India between 1995 and 2004; and Sri Lanka declared an end to its moratorium on the death penalty on 20 November 2004,[79] although it has not yet performed any executions. The Philippines re-introduced the death penalty in 1993 after abolishing it in 1987, but abolished it again in 2006.

Japan and the US are the only developed countries to have carried out executions. The US is the only Western country in the Americas to have carried out executions.[70] 31 states in the United States carry out capital punishment. In 2012, there were 43 executions in the US, which have taken place in nine states: Arizona (6), Delaware (1), Florida (3), Idaho (1), Mississippi (6), Ohio (3), Oklahoma (6), South Dakota (2), Texas (15).[70] Of the states where the death penalty is permitted, California has the largest number of inmates on death row. Texas has performed the most executions (since the US Supreme Court allowed capital punishment to resume in 1976, 40% of all US executions have taken place in Texas),[80] and Oklahoma has had (through mid-2011) the highest per capita execution rate.[81]

The most recent country to abolish the death penalty was Suriname in March 2015 .[82]

Juvenile offenders

Mahmoud Asgari and Ayaz Marhoni being prepared for execution by hanging.

The death penalty for juvenile offenders (criminals aged under 18 years at the time of their crime) has become increasingly rare. Considering the Age of Majority is still not 18 in some countries, since 1990 nine countries have executed offenders who were juveniles at the time of their crimes: The People’s Republic of China (PRC), Democratic Republic of the Congo, Iran, Nigeria, Pakistan, Saudi Arabia, Sudan, the United States (see List of juvenile offenders executed in the United States), and Yemen.[83] The PRC, Pakistan, the United States, Yemen and Iran have since raised the minimum age to 18.[84][85] Amnesty International has recorded 61 verified executions since then, in several countries, of both juveniles and adults who had been convicted of committing their offenses as juveniles.[86] The PRC does not allow for the execution of those under 18, but child executions have reportedly taken place.[87]

Starting in 1642 within British America, an estimated 365[88] juvenile offenders were executed by the states and federal government of the United States.[89] The United States Supreme Court abolished capital punishment for offenders under the age of 16 in Thompson v. Oklahoma (1988), and for all juveniles in Roper v. Simmons (2005). In addition, in 2002, the United States Supreme Court declared unconstitutional the execution of individuals with an intellectual disability, in Atkins v. Virginia.[90]

Between 2005 and May 2008, Iran, Pakistan, Saudi Arabia, Sudan and Yemen were reported to have executed child offenders, the most being from Iran.[91]

The United Nations Convention on the Rights of the Child, which forbids capital punishment for juveniles under article 37(a), has been signed by all countries and ratified, except for Somalia and the United States (notwithstanding the latter’s Supreme Court decisions abolishing the practice).[92] The UN Sub-Commission on the Promotion and Protection of Human Rights maintains that the death penalty for juveniles has become contrary to a jus cogens of customary international law. A majority of countries are also party to the U.N. International Covenant on Civil and Political Rights (whose Article 6.5 also states that “Sentence of death shall not be imposed for crimes committed by persons below eighteen years of age…”).

In Japan, the minimum age for the death penalty is 18 as mandated by the internationals standards. But under Japanese law, anyone under 20 is considered a juvenile. There are three men currently on death row for crimes they committed at age 18 or 19.

Iran

Iran, despite its ratification of the Convention on the Rights of the Child and International Covenant on Civil and Political Rights, was the world’s largest executioner of juvenile offenders, for which it has received international condemnation; the country’s record is the focus of the Stop Child Executions Campaign. But on 10 February 2012, Iran’s parliament changed the controversial law of executing juveniles. In the new law, the age of 18 (solar year) would be for both genders considered and juvenile offenders will be sentenced on a separate law than of adults.[84][85] Based on the Islamic law which now seems to have been revised, girls at the age of 9 and boys at 15 of lunar year (11 days shorter than a solar year) were fully responsible for their crimes.[84]

Iran accounted for two-thirds of the global total of such executions, and currently[dated info] has roughly 140 people on death row for crimes committed as juveniles (up from 71 in 2007).[93][94] The past executions of Mahmoud Asgari, Ayaz Marhoni and Makwan Moloudzadeh became international symbols of Iran’s child capital punishment and the judicial system that hands down such sentences.[95][96]

Saudi Arabia

Further information: Execution of Rizana Nafeek

Saudi Arabia also executes criminals who were minors at the time of the offense.[97][98] In 2013, Saudi Arabia was the center of an international controversy after it executed Rizana Nafeek, a Sri Lankan domestic worker, who was believed to have been 17 years old at the time of the crime.[99]

Somalia

There is evidence that child executions are taking place in the parts of Somalia controlled by the Islamic Courts Union (ICU). In October 2008, a girl, Aisho Ibrahim Dhuhulow was buried up to her neck at a football stadium, then stoned to death in front of more than 1,000 people. The stoning occurred after she had allegedly pleaded guilty to adultery in a shariah court in Kismayo, a city controlled by the ICU. According to a local leader associated with the ICU, she had stated that she wanted shariah law to apply.[100] However, other sources state that the victim had been crying, that she begged for mercy and had to be forced into the hole before being buried up to her neck in the ground.[101] Amnesty International later learned that the girl was in fact 13 years old and had been arrested by the al-Shabab militia after she had reported being gang-raped by three men.[102]

Somalia’s established Transitional Federal Government announced in November 2009 (reiterated in 2013)[103] that it plans to ratify the Convention on the Rights of the Child. This move was lauded by UNICEF as a welcome attempt to secure children’s rights in the country.[104]

Methods

The following methods of execution permitted for use in 2010:[105][106][107][108][109]

Capital crime

Murder

One crime which capital punishment is used for is murder. Supporters of the death penalty argued that death penalty is morally justified when applied in murder especially with aggravating elements such as for multiple murder, child murder, serial killing, torture murder, mass murder, terrorism, massacre or genocide. It is said that capital punishment for murder is and should be “an eye for an eye, a tooth for a tooth“.

Drug trafficking

A sign at the Taiwan Taoyuan International Airport warns arriving travelers that drug trafficking is a capital crime in the Republic of China (photo taken in 2005)

Some countries that retain the death penalty for murder and other violent crimes do not execute offenders for drug-related crimes. Countries that have statutory provisions for the death penalty for drug-related offences as of 2012[update] include:

Notes
* The capital punishment was not used in the last 10 years (or has a moratorium in effect)

Other offences

Other crimes that are punishable by death include terrorism, adultery (Saudi Arabia, Iran), sodomy, religious offences such as apostasy (Saudi Arabia, Iran) and blasphemy (Saudi Arabia, Pakistan), sorcery (Saudi Arabia), economic crimes (China), rape (Saudi Arabia), forms of aggravated robbery (Saudi Arabia, Kenya, Zambia), treason, acts against national security and other crimes against the state (Iran, Gambia, Kuwait, Lebanon, North Korea, Palestinian Authority, Somalia).[70]

Controversy and debate

Capital punishment is controversial. Death penalty opponents regard the death penalty as inhumane[113] and criticize it for its irreversibility[114] and assert that it lacks a deterrent effect,[115] as have several studies[116] and debunking studies that claim to show a deterrent effect.[117] There are many organizations worldwide, such as Amnesty International, and country-specific, such as the American Civil Liberties Union (ACLU), that have abolition of the death penalty as a fundamental purpose.[118][119]

Advocates of the death penalty argue that it deters crime,[120][121] is a good tool for police and prosecutors (in plea bargaining for example),[122] makes sure that convicted criminals do not offend again and is a just penalty for atrocious crimes such as child murders, serial killers or torture murderers.[123][124] Opponents of capital punishment argue that not all people affected by murder desire a death penalty, that execution discriminates against minorities and the poor, and that it encourages a “culture of violence” and that it violates human rights.[125]

Retribution

Ling Chi – execution by slow slicing – was reserved for crimes viewed as especially severe, such as killing one’s parents.

Supporters of the death penalty argued that death penalty is morally justified when applied in murder especially with aggravating elements such as for multiple homicide, child murderers, cop killers, torture murder and mass killing such as terrorism, massacre, or genocide. Some even argue that not applying death penalty in latter cases is patently unjust. This argument is strongly defended by New York Law School‘s Professor Robert Blecker,[126] who says that the punishment must be painful in proportion to the crime. 18th century philosopher Immanuel Kant sums it up as following;

But whoever has committed murder, must die. There is, in this case, no juridical substitute or surrogate, that can be given or taken for the satisfaction of justice. There is no likeness or proportion between life, however painful, and death; and therefore there is no equality between the crime of murder and the retaliation of it but what is judicially accomplished by the execution of the criminal.[127]

Abolitionists argue that retribution is simply revenge and cannot be condoned. Others while accepting retribution as an element of criminal justice nonetheless argue that life without parole is a sufficient substitute. It is also argued that the punishing of a killing with another killing is a relatively unique punishment for a violent act, because in general violent crimes are not punished by subjecting the perpetrator to a similar act (e.g. rapists are not punished by being sexually assaulted).[128]

Human rights

Abolitionists believe capital punishment is the worst violation of human rights, because the right to life is the most important, and capital punishment violates it without necessity and inflicts to the condemned a psychological torture. Human rights activists oppose the death penalty, calling it “cruel, inhuman and degrading punishment“. Amnesty International considers it to be “the ultimate irreversible denial of Human Rights”.[61] Albert Camus wrote in a 1956 book called Reflections on the Guillotine, Resistance, Rebellion & Death:

An execution is not simply death. It is just as different from the privation of life as a concentration camp is from prison. […] For there to be an equivalency, the death penalty would have to punish a criminal who had warned his victim of the date at which he would inflict a horrible death on him and who, from that moment onward, had confined him at his mercy for months. Such a monster is not encountered in private life.[129]

In the classic doctrine of natural rights as expounded by for instance Locke and Blackstone, on the other hand, it is an important idea that the right to life can be forfeited.[130] As John Stuart Mill explained in a speech against an amendment to abolish capital punishment for murder in 1868;

And we may imagine somebody asking how we can teach people not to inflict suffering by ourselves inflicting it? But to this I should answer – all of us would answer – that to deter by suffering from inflicting suffering is not only possible, but the very purpose of penal justice. Does fining a criminal show want of respect for property, or imprisoning him, for personal freedom? Just as unreasonable is it to think that to take the life of a man who has taken that of another is to show want of regard for human life. We show, on the contrary, most emphatically our regard for it, by the adoption of a rule that he who violates that right in another forfeits it for himself, and that while no other crime that he can commit deprives him of his right to live, this shall.[131]

Wrongful execution

Capital punishment was abolished in the United Kingdom in part because of the case of Timothy Evans, an innocent man who was hanged in 1950.

Main article: Wrongful execution

It is frequently argued that capital punishment leads to miscarriage of justice through the wrongful execution of innocent persons.[132] Many people have been proclaimed innocent victims of the death penalty.[133][134][135]

Some have claimed that as many as 39 executions have been carried out in the face of compelling evidence of innocence or serious doubt about guilt in the US from 1992 through 2004. Newly available DNA evidence prevented the pending execution of more than 15 death row inmates during the same period in the US,[136] but DNA evidence is only available in a fraction of capital cases.[137] However, since the death penalty reinstatement in the United States during the 1970s, no inmate executed has been granted posthumous pardon.[138]

Improper procedure may also result in unfair executions. For example, Amnesty International argues that in Singapore “the Misuse of Drugs Act contains a series of presumptions which shift the burden of proof from the prosecution to the accused. This conflicts with the universally guaranteed right to be presumed innocent until proven guilty”.[139] This refers to a situation when someone is being caught with drugs. In this situation, in almost any jurisdiction, the prosecution has a prima facie case.

Racial, ethnic and social class bias

Opponents of the death penalty argue that this punishment is being used more often against perpetrators from racial and ethnic minorities and from lower socioeconomic backgrounds, than against those criminals who come from a privileged background; and that the background of the victim also influences the outcome.[140][141][142] Researchers have shown that white Americans are more likely to support the death penalty when told that it is mostly applied to African Americans.[143]

International views

The United Nations introduced a resolution during the General Assembly’s 62nd sessions in 2007 calling for a universal ban.[144][145] The approval of a draft resolution by the Assembly’s third committee, which deals with human rights issues, voted 99 to 52, with 33 abstentions, in favour of the resolution on 15 November 2007 and was put to a vote in the Assembly on 18 December.[146][147][148]

Again in 2008, a large majority of states from all regions adopted a second resolution calling for a moratorium on the use of the death penalty in the UN General Assembly (Third Committee) on 20 November. 105 countries voted in favour of the draft resolution, 48 voted against and 31 abstained.

A range of amendments proposed by a small minority of pro-death penalty countries were overwhelmingly defeated. It had in 2007 passed a non-binding resolution (by 104 to 54, with 29 abstentions) by asking its member states for “a moratorium on executions with a view to abolishing the death penalty”.[149]

Article 2 of the Charter of Fundamental Rights of the European Union affirms the prohibition on capital punishment in the EU

A number of regional conventions prohibit the death penalty, most notably, the Sixth Protocol (abolition in time of peace) and the 13th Protocol (abolition in all circumstances) to the European Convention on Human Rights. The same is also stated under the Second Protocol in the American Convention on Human Rights, which, however has not been ratified by all countries in the Americas, most notably Canada and the United States. Most relevant operative international treaties do not require its prohibition for cases of serious crime, most notably, the International Covenant on Civil and Political Rights. This instead has, in common with several other treaties, an optional protocol prohibiting capital punishment and promoting its wider abolition.[150]

Several international organizations have made the abolition of the death penalty (during time of peace) a requirement of membership, most notably the European Union (EU) and the Council of Europe. The EU and the Council of Europe are willing to accept a moratorium as an interim measure. Thus, while Russia is a member of the Council of Europe, and the death penalty remains codified in its law, it has not made use of it since becoming a member of the Council – Russia has not executed anyone since 1996. With the exception of Russia (abolitionist in practice), Kazakhstan (abolitionist for ordinary crimes only), and Belarus (retentionist), all European countries are classified as abolitionist.[74]

Latvia abolished de jure the death penalty for war crimes in 2012, becoming the last EU member to do so.[151]

The Protocol no.13 calls for the abolition of the death penalty in all circumstances (including for war crimes). The majority of European countries have signed and ratified it. Some European countries have not done this, but all of them except Belarus and Kazakhstan have now abolished the death penalty in all circumstances (de jure, and Russia de facto). Poland is the most recent country to ratify the protocol, on 28 August 2013.[152]

A map showing country votes on the 2008 UN death penalty moratorium.

  In favour (106)
  Against (46)
  Abstained (34)

The Protocol no.6 which prohibits the death penalty during peacetime has been ratified by all members of the European Council, except Russia (which has signed, but not ratified).

There are also other international abolitionist instruments, such as the Second Optional Protocol to the International Covenant on Civil and Political Rights, which has 81 parties;[153] and the Protocol to the American Convention on Human Rights to Abolish the Death Penalty (for the Americas; ratified by 13 states).[154]

Turkey has recently, as a move towards EU membership, undergone a reform of its legal system. Previously there was a de facto moratorium on the death penalty in Turkey as the last execution took place in 1984. The death penalty was removed from peacetime law in August 2002, and in May 2004 Turkey amended its constitution in order to remove capital punishment in all circumstances. It ratified Protocol no. 13 to the European Convention on Human Rights in February 2006. As a result, Europe is a continent free of the death penalty in practice, all states but Russia, which has entered a moratorium, having ratified the Sixth Protocol to the European Convention on Human Rights, with the sole exception of Belarus, which is not a member of the Council of Europe. The Parliamentary Assembly of the Council of Europe has been lobbying for Council of Europe observer states who practise the death penalty, the U.S. and Japan, to abolish it or lose their observer status. In addition to banning capital punishment for EU member states, the EU has also banned detainee transfers in cases where the receiving party may seek the death penalty.[155]

Sub-Saharan African countries that have recently abolished the death penalty include Burundi, which abolished the death penalty for all crimes in 2009,[156] and Gabon which did the same in 2010.[157] On 5 July 2012, Benin became part of the Second Optional Protocol to the International Covenant on Civil and Political Rights (ICCPR), which prohibits the use of the death penalty.[158]

The newly created South Sudan is among the 111 UN member states that supported the resolution passed by the United Nations General Assembly that called for the removal of the death penalty, therefore affirming its opposition to the practice. South Sudan, however, has not yet abolished the death penalty and stated that it must first amend its Constitution, and until that happens it will continue to use the death penalty.[159]

Among non-governmental organizations (NGOs), Amnesty International and Human Rights Watch are noted for their opposition to capital punishment. A number of such NGOs, as well as trade unions, local councils and bar associations formed a World Coalition Against the Death Penalty in 2002.

Religious views

The world’s major religions have mixed opinions on the death penalty, depending on the sect, the individual believer, and the time period.

Buddhism

There is disagreement among Buddhists as to whether or not Buddhism forbids the death penalty. The first of the Five Precepts (Panca-sila) is to abstain from destruction of life. Chapter 10 of the Dhammapada states:

Everyone fears punishment; everyone fears death, just as you do. Therefore you do not kill or cause to be killed.[160]

Chapter 26, the final chapter of the Dhammapada, states, “Him I call a brahmin who has put aside weapons and renounced violence toward all creatures. He neither kills nor helps others to kill.” These sentences are interpreted by many Buddhists (especially in the West) as an injunction against supporting any legal measure which might lead to the death penalty. However, as is often the case with the interpretation of scripture, there is dispute on this matter. Historically, most states where the official religion is Buddhism have imposed capital punishment for some offenses. One notable exception is the abolition of the death penalty by the Emperor Saga of Japan in 818. This lasted until 1165, although in private manors executions continued to be conducted as a form of retaliation. Japan still imposes the death penalty, although some recent justice ministers have refused to sign death warrants, citing their Buddhist beliefs as their reason.[161] Other Buddhist-majority states vary in their policy. For example, Bhutan has abolished the death penalty, but Thailand still retains it, although Buddhism is the official religion in both. Mongolia abolished the death penalty in 2012.

Many stories in Buddhist scripture stress the superior power of the Buddha’s teaching to rehabilitate murderers and other criminals. The most well-known example is Angulimala in the Theravadan Pali canon who had killed 999 people and then attempted to kill his own mother and the Buddha, but under the influence of the Buddha he repented and entered the monkhood. The Buddha succeeded when the King and all his soldiers failed to eliminate the murderer by force.[162]

A Mongolian woman condemned to die of starvation, c. 1913

Without one official teaching on the death penalty, Thai monks are typically divided on the issue with some favoring abolition of the death penalty while others see it as bad karma stemming from bad actions in the past. [163]

In the edicts of the great Buddhist king Ashoka (ca. 304–232 BC) inscribed on great pillars around his kingdom, the King showed reverence for all life by giving up the slaughtering of animals and many of his subjects followed his example. King Ashoka also extended the period before execution of those condemned to death so they could make a final appeal for their lives.

A close reading of texts in the Pali canon reveals different attitudes towards violence and capital punishment. The Pali scholar Steven Collins finds Dhamma in the Pali canon divided into two categories according to the attitude taken towards violence. In Mode 1 Dhamma the use of violence is “context-dependent and negotiable”. A King should not pass judgement in haste or anger but the punishment should fit the crime, with warfare and capital punishment acceptable in certain situations. In Mode 2 Dhamma the use of violence is “context-independent and non-negotiable” and the only advice to kings is to abdicate, renounce the world and leave everything to the law of karma. Buddhism is incompatible with any form of violence especially warfare and capital punishment. [164]

In the world that humans inhabit there is a continual tension between these two modes of Dhamma. This tension is best exhibited in the Cakkavatti Sihanada Sutta (Digha Nikaya 26 of the Sutta Pitaka of the Pāli Canon), the story of humanity’s decline from a golden age in the past. A critical turning point comes when the King decides not to give money to a man who has committed theft but instead to cut off his head and also to carry out this punishment in a particularly cruel and humiliating manner, parading him in public to the sound of drums as he is taken to the execution ground outside the city. In the wake of this decision by the king, thieves take to imitating the King’s actions and murder the people from whom they steal to avoid detection. Thieves turn to highway robbery and attacking small villages and towns far away from the royal capital where they won’t be detected. A downwards spiral towards social disorder and chaos has begun. [165]

Christianity

Execution of Mariana de Carabajal (converted Jew), accused of a relapse into Judaism, Mexico City, 1601

Views on the death penalty in Christianity run a spectrum of opinions, from complete condemnation of the punishment, seeing it as a form of revenge and as contrary to Christ’s message of forgiveness, to enthusiastic support based primarily on Old Testament law.

Among the teachings of Jesus Christ in the Gospel of Luke and the Gospel of Matthew, the message to his followers that one should “Turn the other cheek” and his example in the story Pericope Adulterae, in which Jesus intervenes in the stoning of an adulteress, are generally accepted as his condemnation of physical retaliation (though most scholars[166][167] agree that the latter passage was “certainly not part of the original text of St John’s Gospel”[168]) More militant Christians consider Romans 13:3–4 to support the death penalty. Many Christians have believed that Jesus’ doctrine of peace speaks only to personal ethics and is distinct from civil government’s duty to punish crime.

In the Old Testament, Leviticus Leviticus 20:2–27 provides a list of transgressions in which execution is recommended. Christian positions on these passages vary.[169] The sixth commandment (fifth in the Roman Catholic and Lutheran churches) is translated as “Thou shalt not kill” by some denominations and as “Thou shalt not murder” by others. As some denominations do not have a hard-line stance on the subject, Christians of such denominations are free to make a personal decision.[170]

Eastern Orthodox Christianity does not officially condemn or endorse capital punishment. It states that it is not a totally objectionable thing, but also that its abolition can be driven by genuine Christian values, especially stressing the need for mercy.[171]

The Rosicrucian Fellowship and many other Christian esoteric schools condemn capital punishment in all circumstances.[172][173]

Roman Catholic Church

St. Thomas Aquinas, a Doctor of the Church, accepted the death penalty as a deterrent and prevention method but not as a means of vengeance. (See Aquinas on the death penalty.) The Roman Catechism stated this teaching thus:

Another kind of lawful slaying belongs to the civil authorities, to whom is entrusted power of life and death, by the legal and judicious exercise of which they punish the guilty and protect the innocent. The just use of this power, far from involving the crime of murder, is an act of paramount obedience to this Commandment which prohibits murder. The end of the Commandment is the preservation and security of human life. Now the punishments inflicted by the civil authority, which is the legitimate avenger of crime, naturally tend to this end, since they give security to life by repressing outrage and violence. Hence these words of David: In the morning I put to death all the wicked of the land, that I might cut off all the workers of iniquity from the city of the Lord.[174]

In Evangelium Vitae, Pope John Paul II suggested that capital punishment should be avoided unless it is the only way to defend society from the offender in question, opining that punishment “ought not go to the extreme of executing the offender except in cases of absolute necessity: in other words, when it would not be possible otherwise to defend society. Today however, as a result of steady improvements in the organization of the penal system, such cases are very rare, if not practically non-existent.”[175] The most recent edition of the Catechism of the Catholic Church restates this view.[176] That the assessment of the contemporary situation advanced by John Paul II is not binding on the faithful was confirmed by Cardinal Ratzinger when he wrote in 2004 that,

if a Catholic were to be at odds with the Holy Father on the application of capital punishment or on the decision to wage war, he would not for that reason be considered unworthy to present himself to receive Holy Communion. While the Church exhorts civil authorities to seek peace, not war, and to exercise discretion and mercy in imposing punishment on criminals, it may still be permissible to take up arms to repel an aggressor or to have recourse to capital punishment. There may be a legitimate diversity of opinion even among Catholics about waging war and applying the death penalty, but not however with regard to abortion and euthanasia.[177]

The 1911 edition of the Catholic Encyclopedia suggested that Catholics must hold that “the infliction of capital punishment is not contrary to the teaching of the Catholic Church, and the power of the State to visit upon culprits the penalty of death derives much authority from revelation and from the writings of theologians”, but that the matter of “the advisability of exercising that power is, of course, an affair to be determined upon other and various considerations.”[178]

Protestants

Southern Baptists support the fair and equitable use of capital punishment for those guilty of murder or treasonous acts, so long as it does not constitute as an act of personal revenge or discrimination.[179]

The Lambeth Conference of Anglican bishops condemned the death penalty in 1988:

This Conference: … 3. Urges the Church to speak out against: … (b) all governments who practise capital punishment, and encourages them to find alternative ways of sentencing offenders so that the divine dignity of every human being is respected and yet justice is pursued;….[180]

The United Methodist Church, along with other Methodist churches, also condemns capital punishment, saying that it cannot accept retribution or social vengeance as a reason for taking human life.[181] The Church also holds that the death penalty falls unfairly and unequally upon marginalised persons including the poor, the uneducated, ethnic and religious minorities, and persons with mental and emotional illnesses.[182] The General Conference of the United Methodist Church calls for its bishops to uphold opposition to capital punishment and for governments to enact an immediate moratorium on carrying out the death penalty sentence.

In a 1991 social policy statement, the ELCA officially took a stand to oppose the death penalty. It states that revenge is a primary motivation for capital punishment policy and that true healing can only take place through repentance and forgiveness.[183]

Community of Christ, the former Reorganized Church of Jesus Christ of Latter Day Saints (RLDS), is opposed to capital punishment. The first stand against capital punishment was taken by the church’s Presiding High Council in 1995. This was followed by a resolution of the World Conference in 2000. This resolution, WC 1273, states:

[W]e stand in opposition to the use of the death penalty; and … as a peace church we seek ways to achieve healing and restorative justice. Church members are encouraged to work for the abolition of the death penalty in those states and nations that still practise this form of punishment.[184]

Several key leaders early in the Protestant Reformation, including Martin Luther and John Calvin, followed the traditional reasoning in favour of capital punishment, and the Lutheran Church‘s Augsburg Confession explicitly defended it. Some Protestant groups have cited Genesis 9:5–6, Romans 13:3–4, and Leviticus 20:1–27 as the basis for permitting the death penalty.[185][186]

Mennonites, Church of the Brethren and Friends have opposed the death penalty since their founding, and continue to be strongly opposed to it today. These groups, along with other Christians opposed to capital punishment, have cited Christ‘s Sermon on the Mount (transcribed in Matthew Chapter 5–7) and Sermon on the Plain (transcribed in Luke 6:17–49). In both sermons, Christ tells his followers to turn the other cheek and to love their enemies, which these groups believe mandates nonviolence, including opposition to the death penalty.

The Church of Scotland considers that capital punishment is unacceptable and does not provide an answer for even the most serious crimes.[187]

Mormonism

The Church of Jesus Christ of Latter-day Saints neither supports nor opposes capital punishment, although the church’s founder, Joseph Smith, supported it.[188] However, today the church officially states that it is a “matter to be decided solely by the prescribed processes of civil law.”[189]

Hinduism

A basis can be found in Hindu teachings both for permitting and forbidding the death penalty. Hinduism preaches ahimsa (or ahinsa, non-violence), but also teaches that the soul cannot be killed and death is limited only to the physical body. The soul is reborn into another body upon death (until Moksha), akin to a human changing clothes. The religious, civil and criminal law of Hindus is encoded in the Dharmaśāstras and the Arthasastra. The Dharmasastras describe many crimes and their punishments and call for the death penalty in several instances, including murder and righteous warfare.[190]

Islam

“Execution of a Moroccan Jewess (Sol Hachuel)” a painting by Alfred Dehodencq

Sharia, the religious law in Islam, requires capital punishment for certain crimes.[31][191] For example, the Quran states,

The punishment of those who wage war against Allah and His Messenger, and strive with might and main for mischief through the land is: execution, or crucifixion, or the cutting off of hands and feet from opposite sides, or exile from the land: that is their disgrace in this world, and a heavy punishment is theirs in the Hereafter.— Qur’an, Sura 5, ayat 33[192]

Similarly, capital punishment by stoning for zina (extramarital sex) is prescribed in Hadiths, the books most trusted in Islam after Quran, particularly in Kitab Al-Hudud.[193][194]

‘Ubada b. as-Samit reported: Allah’s Messenger as saying: Receive teaching from me, receive teaching from me. Allah has ordained a way for those women. When an unmarried male commits adultery with an unmarried female, they should receive one hundred lashes and banishment for one year. And in case of married male committing adultery with a married female, they shall receive one hundred lashes and be stoned to death.— Sahih Muslim, 17:4191

Allah’s Messenger awarded the punishment of stoning to death to the married adulterer and adulteress and, after him, we also awarded the punishment of stoning, I am afraid that with the lapse of time, the people may forget it and may say: We do not find the punishment of stoning in the Book of Allah, and thus go astray by abandoning this duty prescribed by Allah. Stoning is a duty laid down in Allah’s Book for married men and women who commit adultery when proof is established, or if there is pregnancy, or a confession.— Sahih Muslim, 17:4194

In the four primary schools of Sunni fiqh (Islamic jurisprudence) and the two primary schools of Shi’a fiqh, certain types of crimes mandate capital punishment. Certain hudud crimes, for example, are considered crimes against Allah and require capital punishment in public.[31] These include apostasy (leaving Islam to become an atheist or convert to another religion such as Christianity),[195][196] fasad (mischief in the land, or moral corruption against Allah, social disturbance and creating disorder within the Muslim state)[197][198] and zina (consensual heterosexual or homosexual relations not allowed by Islam).[193]

The right to be convinced and to convert from Islam to another religion is held by only a minority of Muslim scholars. This view of religious freedom is, however, not shared by the vast majority of Muslim scholars both past as well as present. Most classical and modern Muslim jurists regard apostasy (riddah), defined by them as an act of rejection of faith committed by a Muslim whose Islam had been affirmed without coercion, as a crime deserving the death penalty.— Abdul Rashied Omar[195]

Qisas is another category of sentencing where sharia permits capital punishment, for intentional or unintentional murder.[199] In the case of death, sharia gives the murder victim’s nearest relative or Wali (ولي) a right to, if the court approves, take the life of the killer.[200][201]

O ye who believe! the law of equality is prescribed to you in cases of murder: the free for the free, the slave for the slave, the woman for the woman. But if any remission is made by the brother of the slain, then grant any reasonable demand, and compensate him with handsome gratitude, this is a concession and a Mercy from your Lord. After this whoever exceeds the limits shall be in grave penalty.— Quran 2:178

Further, in case of Qisas-related capital punishment, sharia offers the victim’s guardian the option of Diyya (monetary compensation).[22] In several Islamic countries such as Sunni Saudi Arabia and Pakistan, as well as Shia Iran, both hudud and qisas type capital punishment is part of the legal system and in use. In others, there is variation in the use of capital punishment.

Capital punishment for apostasy in Islam and stoning to death in Islam are controversial topics. Similarly, the discriminatory option between capital punishment and monetary compensation for crimes such as murder is controversial, where jurists have asked if poor offenders face trial and capital punishment while wealthy offenders avoid even a trial by paying off Qisas compensation.[202] Another historic and continuing controversy is the discrimination between the death of a Muslim and a non-Muslim dhimmi, as well as discrimination between the death of a man and a woman, used in sharia-ruled states. Woman’s life is considered half the worth of a man, while Christians and Jews are worth half of a Muslim, and the life of Buddhist, Hindu, folk religion or atheist is considered 1/16th the worth of a Muslim.[203] This has led certain Islamic nations to discriminate between Muslims and non-Muslims while imposing capital punishment and compensation, for both intentional murder and manslaughter, depending on whether the victim is Muslim or non-Muslim, as well as based on the religion of the individual who has committed the crime.[204]

Lethal stoning and beheading in public under sharia is controversial for being a cruel form of capital punishment.[205][206] These forms of execution remain part of the religious law enforced in Saudi Arabia, Yemen, Qatar, United Arab Emirates, Iran, Pakistan and Mauritania.[1][207][208]

Judaism

The official teachings of Judaism approve the death penalty in principle but the standard of proof required for application of death penalty is extremely stringent. In practice, it has been abolished by various Talmudic decisions, making the situations in which a death sentence could be passed effectively impossible and hypothetical. A capital case could not be tried by a normal Beit Din of three judges, it can only be adjudicated by a Sanhedrin of a minimum of 23 judges.[209] Forty years before the destruction of the Temple in Jerusalem in approximately the year 70 CE,[210] i.e. in approximately 30 CE, the Sanhedrin effectively abolished capital punishment,[211] making it a hypothetical upper limit on the severity of punishment, fitting in finality for God alone to use, not fallible people.

The 12th-century Jewish legal scholar, Maimonides said:

“It is better and more satisfactory to acquit a thousand guilty persons than to put a single innocent one to death.”[212]

Maimonides argued that executing a defendant on anything less than absolute certainty would lead to a slippery slope of decreasing burdens of proof, until we would be convicting merely “according to the judge’s caprice”. Maimonides was concerned about the need for the law to guard itself in public perceptions, to preserve its majesty and retain the people’s respect.[213]

The state of Israel retains the death penalty only for Nazis convicted of crimes against humanity.[214] The only execution in Israeli history occurred in 1961, when Adolf Eichmann, one of the principal organizers of the Holocaust, was put to death after his trial in Jerusalem.

See China’s Death Vans

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