Delving into the complex and controversial topic of the Death Penalty in US, this article explores its historical evolution, enforcement methods, and current status across individual states. Unravel the intricacies of US versus UK criminal law, comprehending how the death penalty has influenced human rights discourse. Get ready to embark on an enlightening journey, offering insights into myriad facets of this far-reaching legal subject.
Understanding the Death Penalty in the US
The Death Penalty in the US, also known as capital punishment, refers to the legal execution of an individual as punishment for a specific crime after a proper legal trial.
It is the ultimate punishment, and its use and effectiveness have been subjects of heated debate over the years.
The Origin of the Death Penalty in the US
The history of the death penalty in the United States dates back to early colonial days when European settlers brought the practice to the new world. This serves as a stark reminder of the controversial nature of capital punishment that continues to provoke charged conversations in our society today.
When did the Death Penalty Start in the US?
The first authenticated execution in the colonies occurred in 1608 in the Jamestown Colony of Virginia. George Kendall was executed for the crime of espionage. From then on, the death penalty has been a part of the American justice system.
Evolution of the Death Penalty in US History
Over the centuries, the methods of execution have changed considerably. Today, lethal injection is the most commonly used method. However, it wasn't until 1977 that this method was first used in the United States. Before that, capital punishment was typically carried out by hanging, firing squad, electric chair, or gas chamber.
Here's an interesting piece of information: Did you know that by the 1930s, as many as 150 people were executed each year in the United States? However, the number has significantly decreased in the modern era. In fact, public support for the death penalty has seen a steady decline over the last few decades.
Here's a brief overview of the evolution:
| Method |
First Use |
| Hanging |
1608 |
| Firing Squad |
1608 |
| Electric chair |
1890 |
| Gas Chamber |
1924 |
| Lethal Injection |
1977 |
To illustrate the changing public opinion over years, here's a graph of Gallup poll data:
- In 1953, 68% of Americans supported the death penalty.
- In 1966, support had fallen to 42%.
- By 1994, it had risen to 80%, its highest point ever.
- By 2016, it had fallen to 60%.
States with the Death Penalty in the US
Understanding the use of the Death Penalty in the US at a state level can shed more light on its overall implementation and variations. The urgency of the death penalty debate is underscored by its inconsistent application across states.
How Many States have the Death Penalty in the US?
In the United States, capital punishment is a state issue. As of this writing, there are 24 states that carry the death penalty. This means they have legal and procedural systems in place to sentence convicts to death. The other 26 states, plus the District of Columbia, have either abolished it or have a governor-imposed moratorium.
A moratorium is a temporary halt to the execution of death row inmates ordered by the state's governor.
For instance, in March 2019, California's governor announced a moratorium on the death penalty, granting a temporary reprieve for the 737 inmates on the state's death row.
Geographic Overview of the Death Penalty Use in the US
Capital punishment is used more frequently in certain regions of the country, particularly the South. Texas, in particular, is notorious for its use of the death penalty. It has conducted more executions than any other state since 1976. However, Nebraska was the most recent state to reinstate the death penalty in 2016, following a statewide referendum.
Here's a quick list of states currently implementing capital punishment:
- Alabama
- Arizona
- Arkansas
- Florida
- Georgia
- Idaho
- Indiana
- Kansas
- Kentucky
- Louisiana
- Mississippi
- Missouri
- Montana
- Nebraska
- Nevada
- North Carolina
- Ohio
- Oklahoma
- Oregon
- Pennsylvania
- South Carolina
- South Dakota
- Tennessee
- Texas
- Utah
- Wyoming
Legal Considerations for States Implementing the Death Penalty
For any state that implements the death penalty as a form of punishment for certain severe crimes, it's crucial they comply with the Eighth Amendment to the United States Constitution. This amendment prohibits 'cruel and unusual punishments', which has implications for how the death penalty is administered.
Here, 'cruel and unusual punishment' denotes penalties that exceed the crime or that are by nature inhumane or torturous.
The Supreme Court plays a pivotal role in deciding whether a form of punishment meets this prohibition or not. Over time, they have made numerous rulings on the constitutional aspects of capital punishment.
One significant case in this regard was Furman v. Georgia (1972), where the Supreme Court ruled that arbitrary and inconsistent imposition of the death penalty was a form of 'cruel and unusual punishment' and hence unconstitutional. This led to a de facto moratorium on capital punishment throughout the US. However, four years later, in Gregg v. Georgia (1976), the Court reinstated the death penalty under a 'model of guided discretion' – meaning that the jury's discretion should be guided by clear and objective standards.
Methods of Enforcing the Death Penalty in the US
Over the course of American judicial history, the methods used to enforce the death penalty have evolved. From the earliest form of execution by hanging to the more recent and controversial method of lethal injection, the techniques employed reflect societal values, technology, and ongoing debates about justice and humaneness.
History of Death Penalty Methods in the US
The methods of enforcing the death penalty in the US have changed over time. The early colonists, having emulated their European counterparts, carried out capital punishment primarily through hanging. As times moved on, states adopted various methods, adding firing squads, the electric chair, the gas chamber, and, eventually, lethal injection to their arsenal of capital punishment methods.
For instance, in 1890, the electric chair was introduced by the state of New York as a more humane choice compared to hanging. Not long after, in 1924, Nevada used a gas chamber for the first time in American history, another method believed by some to be more humane and less violent than earlier techniques.
In the quest for a 'humane' method of execution, lethal injection was introduced in the late 20th century. This method, today the most commonly used, was first implemented by Texas in 1982.
However, despite the evolution of execution methods, controversy still surrounds the issue. From the pain potentially experienced by those executed to the occasional 'botched' execution, there are still debates about what constitutes a humane method of enforced death.
Contemporary Methods of Implementing the Death Penalty in the US
Currently, all 24 states that have the death penalty active use lethal injection as their primary method of execution. However, alternative methods are still available in some states if the administration of a lethal injection proves unfeasible, or if the convicted individual chooses an alternative.
Here's a brief overview of alternative methods currently approved in various states:
| Method |
States |
| Electric Chair |
Alabama, Florida, South Carolina, Kentucky, Tennessee, Virginia |
| Gas Chamber |
Arizona, California, Missouri, Wyoming |
| Firing Squad |
Mississippi, Oklahoma, Utah |
| Hanging |
Washington, New Hampshire |
Evaluation of the Most and Least Utilised Death Penalty Methods
Evaluations of the most and least utilised methods of enforcing the death penalty often turn on questions of humaneness, precision, and practicality. Lethal injection, the most commonly used method, has been praised for its perceived humanity and dignity, but has also been criticised for reported cases of severe pain if the execution is botched.
Other methods, such as the electric chair and the gas chamber, have fallen out of favour due to concerns around pain, messiness, and the potential for human error. However, a few states still keep them as alternative methods. The firing squad, which is both quick and considered highly effective, has seen a resurgence in some states. Hanging, the oldest method, is rarely utilised today, kept only by New Hampshire and Washington as an alternative method.
A 'botched' execution refers to instances where there are problems with the administration of capital punishment, leading to prolonged or painful death.
This complex issue evolves continuously, as society, technology, and our understanding of human rights progress.
Controversies Surrounding the Death Penalty in the US
The Death Penalty in the US has consistently been a contentious issue, sparking robust debate and controversy. Different perspectives, rooted in moral, ethical, practical, and legal considerations, continue to shape the discourse.
Debates and Criticisms of the Death Penalty in US History
From historical perspectives to current attitudes, the capital punishment debate in the United States is multifaceted. The discourse revolves around issues such as morality, the sanctity of life, retribution, deterrence, human rights, racial bias, and the risk of wrongfully executed individuals.
Retribution refers to the idea that a criminal should be punished in a manner that is proportionate to the crime they have committed.
A significant point of contention arises from the concept of 'an eye for an eye'. Those in favour, argue the death penalty serves as just retribution for a heinous crime like murder, others argue that killing the perpetrator does not restore balance but rather reinforces a cycle of violence.
Data has, at times, indicated that the death penalty may be applied disproportionately to people of color and those from lower socio-economic backgrounds. This perceived bias has fuelled the debate about whether or not the death penalty can ever truly be uniform or fair.
According to the Death Penalty Information Center, as of October 2020, 185 former death-row prisoners have been exonerated in the United States. These wrongful convictions compromise confidence in the justice system and form one more core argument in criticisms of the death penalty.
- Abolitionists - who seek to end the death penalty - argue it violates the sanctity of life, is inhumane, and there's a risk of executing innocent individuals.
- Retentionists - who support the continued use of the death penalty - argue it provides justice for victims' families, serves as a deterrent to serious crimes, and is a fitting punishment for particularly heinous acts.
The Impact of the Death Penalty on US Human Rights Development
The death penalty has profound implications both for human rights law and for the development of human rights attitudes and norms in the United States. Governments are obliged by international law to protect the right to life and to prohibit torture or cruel, inhuman, or degrading treatment or punishment—terms that have often been the subject of debate concerning capital punishment.
Cruel, inhuman, or degrading treatment or punishment is a term in international human rights law designed to protect individuals from punishment or treatment that is degrading, physically or psychologically harmful, or that violates an individual's dignity.
In the case of Atkins v. Virginia (2002), the US Supreme Court ruled that executing individuals with intellectual disabilities violated the Eighth Amendment's prohibition on 'cruel and unusual punishments'. This prohibition was extended in Roper v. Simmons (2005), where the Court ruled that the death penalty for criminals aged under 18 at the time of their crimes violated the amendment.
The international community typically views the death penalty as a violation of human rights, particularly where there is an absence of fair legal proceedings or where it is used widely or arbitrarily. The United States stands in contrast to the global trend towards abolition, with the death penalty still being actively used in several states.
However, it's important to note that changes and refinements in US law, driven in part by Supreme Court judgments, reflect an ongoing interaction with human rights norms. Even as some states continue to use the death penalty, others have been moving towards abolition, signalling evolving perspectives on punishment, justice, and human rights.
Comparing US and UK Criminal Law: The Death Penalty
Examining the death penalty from an international perspective allows for a broader understanding of its implementation and societal implications. Comparing the approach of the United States with that of the United Kingdom can provide a valuable lens to study different stances on capital punishment and the resulting legal landscapes.
Death Penalty in US vs UK: A Comparative Analysis
There is a stark contrast between the United States and the United Kingdom when it comes to capital punishment. While the death penalty is still applied in some parts of the US, the United Kingdom completely abolished capital punishment for all crimes in 1998.
The United States and the United Kingdom share a common law heritage but diverge significantly on the issue of the death penalty. The death penalty's survival in the United States and its abolition in the United Kingdom are reflective of different societal norms, crime rates, legal philosophies, and interpretations of fundamental human rights.
In the United Kingdom, public opinion shift, judicial attitudes, and comprehensive human rights legislation were responsible for the final abolition of the death penalty. The process started with the Murder (Abolition of the Death Penalty) Act 1965, which suspended the death penalty for murder for a period of five years. The temporary suspension was made permanent in 1969, and the death penalty was later completely abolished for all crimes in 1998.
In contrast, while many states in the US have abolished the death penalty, others have not, and capital punishment continues to be a contentious issue both legally and politically.
According to the Death Penalty Information Center, as of July 2021, 24 states in the United States still maintain the death penalty, while 23 states and the District of Columbia have abolished it. Three states, California, Oregon, and Pennsylvania, have governor-imposed moratoriums, effectively suspending the death penalty.
Legal and Societal Differences between US Death Penalty and UK Criminal Law
The stark divergence between the US and the UK on the issue of the death penalty stems from various legal, societal, and philosophical differences.
- The United States Constitution’s Eighth Amendment prohibiting 'cruel and unusual punishments' had initially formed the legal basis of the death penalty debate. The interpretation of this term has seen significant evolution over time, impacting the legal stance on capital punishment.
- In the United Kingdom, the concept of capital punishment came under serious scrutiny during the 20th century, leading to a series of reforms and its eventual abolition. Factors contributing to this include changing societal norms, concern for human rights, and the fear of irreversible mistakes.
Irreversible mistakes refers to the risk of executing innocent people, a risk that is impossible to rectify after the sentence has been carried out.
It is also worth noting that public opinion plays a significant role in shaping the legal stance on capital punishment in both countries. Public support for the death penalty in the US is noticeably higher than it was in the UK before abolition.
Lessons Learned from the Abolition of the Death Penalty in the UK
The United Kingdom's trajectory towards the complete abolition of the death penalty provides valuable insights into societal attitudes, law reform, and human rights.
Lessons can be learned from the phased manner in which the UK abolished the death penalty. Initially, capital punishment was suspended for murder, then fully abolished for murder, and eventually abolished for all crimes. This phased approach was instrumental in swaying public opinion and maintaining social harmony during the transition period.
Furthermore, the UK's experience shows the crucial role played by judicial attitudes and international human rights norms, particularly its adoption of the European Convention on Human Rights, in driving legal reform.
While the contexts of the US and the UK are undoubtedly different, these lessons could offer meaningful takeaways for countries grappling with the question of capital punishment, including those states within the US that have yet to abolish the death penalty.
Death Penalty in US - Key takeaways
- Public opinion about the death penalty in the US has changed over the years; in 1953, 68% of Americans supported it, which fell to 42% by 1966, rose to 80% in 1994, and finally fell to 60% by 2016.
- Currently, 24 states in the US enforce the death penalty while the other 26 states, along with the District of Columbia, have either abolished it or have a governor-imposed moratorium.
- The methods of enforcing the death penalty in the US have evolved over time from hanging, firing squads, the electric chair, the gas chamber, to the most commonly used method today: lethal injection.
- The Eighth Amendment to the United States Constitution, which prohibits 'cruel and unusual punishments', plays a crucial role in the implementation of the death penalty in the US.
- The debates around the death penalty in the US revolve around issues such as morality, fairness, human rights, racial bias, and the risk of wrongful convictions.
Explanations 
Exams 
Magazine 
