Capital Punishment

CAPITAL PUNISHMENT ORIGINALLY: 4/11/86

REWRITTEN: 2/20/91

ANGELA DETTER

Punishment began as revenge. Soon after man began to kill his fellow-man for selfdefense or advantage, he learned to kill for vengeance. It was a good way to warn off predators. Eventually, the practice of killing in order to avenge a wrong was advanced into a religious duty and a family obligation. Blood feuds were sometimes carried on from generation to generation. But as men organized into societies, revenge had to be regulated. The precepts of the Book of Exodus - “If any harm follows, then you shall give life for life, eye for eye,” and so forth -introduced the principle of proportionality corresponding in degree to the offense. In other words, a life could not be taken for the loss of an eye. This early formula - lex talionis - was an important advance. It was a key element of the Code of Hammurabe (1750BC), one of the earliest civil codes. As government developed, the state took over from the victims the right to mete out punishment. Death was a frequent punishment in ancient societies. Anthropologists point out, however, that death was often reserved for offenses that threatened the existence of the state -treason and blasphemy. (Blasphemy could bring down the wrath of the gods upon an entire people.) Wrongs suffered by individuals including murder -- were sometimes punished by banishment or fines paid to the family of the victim. Revenge begun to be tempered by other principles -- restitution and the welfare of the entire group. Some societies forbade the use of execution as punishment except in the most exceptional circumstances. During the time of the Roman Republic, from the fourth to the first century before Christ, Roman citizens could not be executed without a special grant of power from the senate. Regimes in China, Sumeria and among the Slavs abolished capital punishment entirely. (For a list of the countries which abolished capital punishment see chart #2.) The use of capital punishment increased dramatically in Europe in the Middle Ages, under the influence of religious zeal and the determination of monarchs to demonstrate absolute power over their subjects. In England, Henry VII is said to have executed some seventy-two thousand people. The apex of fear came in the seventeenth and eighteenth centuries with England’s “Bloody Code.” Under it hundreds of offenses could be punished with death, including pickpockets, consorting with Gypsies, or impersonating a Chelsen pensioner. Children were hanged for stealing bread or disobeying their parents. A sense of proportion was preserved, in a way, since the more serious offenders (such as traitors) were subjected to tortures such as drawing and quartering, while common criminals were merely hanged. The morality of officially sanctioned killing has been debated for hundreds of years. Cicero, Caesar, St. Augustine, and Sir Thomas More all criticized capital punishment. But the modern abolitionist movement began in 1764 with the publication of the essay On Crimes And Punishments, by the Italian rationalist philosopher Cesare Beccaria. In his essay he set out several themes that have formed the core of opposition to the death penalty ever since: that it is immoral for the state to resort to killing; that executions are not necessary to protect society; that long years of servitude provide a stronger deterrent example; and that a hanging only creates sympathy for the criminal. His basic argument was that the death penalty sets the wrong example: “To me it is an absurdity that the law which expresses the common will and detests and punishes homicide should itself commit one and in order to keep citizens from committing murder, order a public one committed.” Beccaria’s radical proposal stirred intense debate in Europe, and several governments were inspired to limit or eliminate the death penalty. In America, his ideas were eagerly welcomed by the Quakers in Pennsylvania. Most of the colonies had to try to excel England’s bloody example. The religious roots of some colonies had inspired the return to biblical standards; offenses such as denying the true God or cursing one’s Page 1 of 6

CAPITAL PUNISHMENT ORIGINALLY: 4/11/86

REWRITTEN: 2/20/91

ANGELA DETTER

parents worth execution. Pennsylvania had tried to severely restrict the use of the death penalty, but the Crown had stepped in to require a more strict code. Shortly after independence, Dr. Benjamin Rush, a signer of the Declaration of Independence, brought Beccaria’s ideas to an influential audience when he read a paper calling for abolition of the death penalty to a gathering of intellectuals at Benjamin Franklin’s home. This paper, “Consideration on the Injustice and Impolit of Punishing Murder by Death,” is considered the genesis of the abolitionist movement in the United States. In the nineteenth century, antislavery crusades such as Horace Greeley and William Lloyd Garrison made the abolition of capital punishment a companion cause. The abolitionists won some victories. And in 1846, Michigan became the first state to abolish the death penalty for all crimes except treason. Many states followed within the next decades, but fear of socialism, hatred of immigrants and in the face of labor unrest, the abolitionist movement hesitated. And some states reinstated the death penalty, usually after some particularly hateful crime. Over this previous century, even if the abolitionists fell short of their goal, they succeeded in changing the use of capital punishment. Gradually the number of crimes for which death could be given were reduced. Juries were given the power to choose between imprisonment and death. Violent torturous methods of inflicting death were abandoned. Perhaps the most interesting development, however, was the end of public executions. Executions were finally hidden behind prison walls not so much because they offended public taste, but because the public liked them too much. And in 1834 Pennsylvania became the first state to hide its executions. The last public execution in America took place in Owensboro, Kentucky, in 1936. An interesting reading would be “The Youngest Person on Death Row” on pages 126-152 in the book Sentenced To Die by Stephen H. Gettinger. But are you For or Against?!? Many people oppose the death penalty, chiefly because they consider it cruel. Other people favor it because they believe it prevents crime. For an example of two different people who were related or married, as in the second case to a victim, I have 2 simple cases, which both were murders. A. From a brother of a murdered man. “There’s nothing that can be done for the person who is dead, but you must realize that the families of these people who have been murdered have to live with this year after year. Have the victims in this crime become so obscure that we forget what the criminal has done? Gentlemen, my family and millions of other people like them around this country cannot really come to peace with themselves until this matter is concluded, when Charles Proffitt dies. Perhaps that will relieve some of the burden that my family carries for the loss of their child!” B. From a husband of a murdered woman. “My wife, Jane Williams, was murdered by Jimmie Smith. She was a good and beautiful person, and I loved her very much. Her life was precious, as is all life. Jane’s death was a real tragedy to all of those who loved her so dearly. Her life as a person and as a psychologist represented an attempt to create better interpersonal relations among people and to promote understanding. Therefore, it is even more tragic that her death will, by sentencing Jimmie Smith to his death, reinforce and perpetrate feelings of vengeance, hate and further human evil. Despite Page 2 of 6

CAPITAL PUNISHMENT ORIGINALLY: 4/11/86

REWRITTEN: 2/20/91

ANGELA DETTER

my feelings of anger, disgust, pity and nausea toward Smith, I don’t believe that his life should be taken. Nobody has the right to take a human life, and this includes the state of Florida. The laws should be changed.” In situation A, the brother wants vengeance for his brother’s death. He feels his family will never be able to rest until his brother’s murderer is dead. In situation B, the husband feels grief for his wife’s death, but he doesn’t feel that the death should be avenged by taking another life. Was the first a person who was always for capital punishment or did he “change” his views in order to avenge his brother? Most people feel that the Bible verse 17 in the 24th chapter of Leviticus states the biblical feeling. It reads “He who kills a man shall be put to death.” But some people feel that verse is ancient because it appears in the Old Testament. But there is a verse in the New Testament that gives the right of judging to the governing authorities. Romans 13:1 states, “Let every person be subject to the governing authorities. For there is no authority except from God, and those that exist have been instituted by God.” I feel that Stephen Gettinger, in his book Sentenced To Die on page XVII of the introduction, states the best known ways to find out if you truly are for or against capital punishment. It was as follows: “In order to support capital punishment, you must be able to look in the eyes of a condemned man, recognize his humanity, see how he got to that point -and still tell him he must die.” For those who are for capital punishment, I think that is something to dwell on. I was strongly in favor of capital punishment, but now I doubt my own feelings. Also included in that section of the book, the next sentence, it states: “In order to oppose capital punishment, you must confront the horror of murder, feel the loss, fear and outrage -- and still be able to look the victim’s relatives in the eyes and say the murderer must live.” Most people who are against capital punishment have never experienced the loss of a friend or family member through murder. But most would respond that it is wrong to kill. If it is that wrong to kill in vengeance, which is what it really is, then is it not also wrong to hurt a friend for vengeance, because he hurt you? I say that if the first is wrong, then so is the second. The next part of this section is a real life portion that any one of us could be put into at any point of our life. This is a real statement that I received from a friend of mine who corresponds with prisoners. The statement goes as follows: “Today I received the death penalty. Why me? I had a good reason to kill that man. He tried to harm me. But noone believes me. But I guess that if I can’t get out of this place, then I don’t mind dying. The jail here is so cruel. I know you’ve always heard that it’s like heaven in here but it’s not. You have to fight to keep your life and your possessions. You don’t ever trust anyone because they may turn on you and have you hurt or even killed. In here everyone is not equal. If you are big and mean, maybe if you don’t get killed first and don’t allow anyone to push you around, you may even get to be one of the big wigs. Then there are folks like me, who don’t want any trouble. We get pushed around alot and have to do what we are told to stay alive. I’ve been in this living hell for 2 years, and in my first two days I had already gotten 18 stitches on my body from my stay. I’ve been doing lots better lately, but now I only have my clothing and a place in the corner. I hate this place, but I don’t really want to die.” This is my closing thought. Think about it and the way you feel about capital punishment. Maybe you will become like I am .... in doubt. Page 3 of 6

CAPITAL PUNISHMENT ORIGINALLY: 4/11/86

REWRITTEN: 2/20/91

ANGELA DETTER

Chart #1 United States of America & Capital Punishment STATES

ALABAMA ALASKA ARIZONA ARKANSAS CALIFORNIA COLORADO CONNECTICUT DELAWARE FLORIDA GEORGIA HAWAII IDAHO ILLINOIS INDIANA IOWA KANSAS KENTUCKY LOUISIANA MAINE MARYLAND MASSACHUSETTS MICHIGAN MINNESOTA MISSISSIPPI MISSOURI MONTANA NEBRASKA NEVADA NEW HAMPSHIRE NEW JERSEY NEW MEXICO NEW YORK NORTH CAROLINA NORTH DAKOTA OHIO OKLAHOMA OREGON PENNSYLVANIA RHODE ISLAND SOUTH CAROLINA SOUTH DAKOTA TENNESSEE TEXAS

YEAR ABOLISHED

YEAR RESTORED

1957 1916

1918

1897

1901

1958

1961

YEAR RE-ABOLISHED

1957

1872 1907

1878 1935

1965

1876

1883

1887

1846 1911 1917

1919

1915

1915

1920

1852 1915 1915 1915

1939 19139 1917

1964

TYPE OF PUNISHMENT USED

ELECTROCUTION HANGING GAS CHAMBERS ELECTROCUTION GAS CHAMBERS GAS CHAMBERS ELECTROCUTION HANGING ELECTROCUTION ELECTROCUTION HANGING HANGING ELECTROCUTION ELECTROCUTION HANGING HANGING ELECTROCUTION ELECTROCUTION NKM GAS CHAMBERS OR HANGING ELECTROCUTION NKM NKM GAS CHAMBERS OR ELECTROCUTION GAS CHAMBERS HANGING ELECTROCUTION GAS CHAMBERS HANGING ELECTROCUTION GAS CHAMBERS OR ELECTROCUTION ELECTROCUTION GAS CHAMBERS NKM ELECTROCUTION INJECTION OR ELECTROCUTION GAS CHAMBERS ELECTROCUTION GAS CHAMBERS ELECTROCUTION ELECTROCUTION ELECTROCUTION ELECTROCUTION Page 4 of 6

CAPITAL PUNISHMENT ORIGINALLY: 4/11/86

REWRITTEN: 2/20/91

ANGELA DETTER

UTAH VERMONT VIRGINIA WASHINGTON WEST VIRGINIA WISCONSIN WYOMING DISTRICT OF COLUMBIA PUERTO RICO

1965 1913 1965 1853

1919

1929

FIRING SQUAD OR HANGING ELECTROCUTION ELECTROCUTION HANGING NKM NKM GAS CHAMBERS ELECTROCUTION NKM

Note the first state was Michigan. Information on this table was current as of 1970. NKM - Method of Punishment Unknown. Chart #2 Foreign Countries & Death Penalty COUNTRY YEAR ABOLISHED ARGENTINA 1921 AUSTRALIA - FEDERAL 1945 NEW SOUTH WALES 1955 QUEENSLAND 1922 TASMANIA 1968 AUSTRIA 1968 BELGIUM 1867 BOLIVIA 1962 BRAZIL 1946 CANADA 1967 COLOMBIA 1910 COSTA RICA 1870 DENMARK 1930 DOMINICAN REPUBLIC 1924 ECUADOR 1897 FINLAND 1949 GREAT BRITAIN 1965 HONDURAS 1957 ICELAND 1940 INDIA 1944 ISRAEL 1954 ITALY 1944 LIECHTENSTEIN 1798 LUXENBURG 1821 MEXICO 1970 MONACO 1962 NEPAL 1950 NETHERLANDS 1886 NEW ZEALAND 1961 NICARAGUA 1892 NORTH IRELAND 1966 NORWAY 1905 PANAMA 1915 Page 5 of 6

CAPITAL PUNISHMENT ORIGINALLY: 4/11/86

PORTUGAL SAN MARINO SWEDEN SWITZERLAND URUGUAY VATICAN CITY VENEZUELA WEST GERMANY

REWRITTEN: 2/20/91

ANGELA DETTER

1867 1848 1921 1942 1907 1969 1864 1949

Note: first country was Liechtenstein. This list does not include countries that still practice.

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