Definition
Punishment by execution â either by hanging, electrocution, firing squad, gas chamber, lethal injection or beheading. Capital punishment can be imposed for a range of offences, but in Western countries, except in exceptional circumstances, it is usually reserved for murder.
Distinctive Features
Capital punishment by hanging was used in England and Wales between 1016 and 1964, and between 1900 and 1949 there were 751 people hanged, of whom 87 were women. The purpose of capital punishment seems to have been both retributive and to act as a deterrent. Until 1868 hangings were public affairs. The last public execution was that of the Irish nationalist Michael Barrett in May 1868, with some 2,000 people attending (Potter, 1993: 94). These public events were usually drunken occasions, with spectators often using them as an opportunity to commit further crimes, thus turning what was intended as a solemn state ritual â which was supposed to reflect the power of the law â into a shambles (Ignatieff, 1978: 21â4). After May 1868 executions took place behind the prisonâs walls with an increasing standardization of the process of death, with the result that a uniform scaffold apparatus was adopted as well as a standard length and thickness of rope, and tables of âdropsâ were published in order that executioners â a profession which also became increasingly specialized â could judge the execution in relation to the condemnedâs height and weight. Although executions were private, selected members of the public were allowed to attend. For example, in August 1868 at the hanging of Thomas Wells in Maidstone Gaol (the first person to be executed in prison), 16 reporters were present so as to be able to describe the final moments of the demise of the condemned man for the morning papers (Potter, 1993: 95). The 1965 Murder (Abolition of the Death Penalty) Act ended capital punishment except in exceptional circumstances â such as treason, arson in HM Dockyards and piracy â for a trial period of five years. Its actual abolition occurred in England and Wales in December 1969.
This trend towards the abolition of public executions, and thereafter capital punishment itself, has been a process most observed in Western Europe. There has been a tendency to treat capital punishment as a somewhat closed policy issue, especially as those former Warsaw Pact countries which have joined or have applied to join the Council of Europe have signalled their intention to move to abolition. Russia too has also reduced the number of offences for which the death penalty can be imposed. However, the abolitionist cause has not had much impact on several regions of the world. So, for example, as Hood (1996) advises, most of the Middle East and North African states have expressed strong support for the continued use of capital punishment. In 2015 Amnesty International recorded 1,634 executions in 25 countries worldwide â the greatest number since 1989. Most executions took place in China, Iran, Saudi Arabia, Iraq and Pakistan.
One of the most vocal and visible retentionist advocates of capital punishment has been the United States of America. Between 1976 and 2017 there were 1,465 executions. The majority were in Texas but the practice remains legal in 30 other states. The numbers rose from 1 in 1977 to 98 in 1999 but have since markedly declined. Of note, however, has been the recurrent concern that blatant racial discrimination operates in the application of capital punishment in the USA. So, for example, the killers of white people were 11 times more likely to be condemned to death than the murderers of African-Americans. Discrimination in the application of the death penalty can be seen most obviously by focusing on the murder victimâs race. In Georgia, for example, prosecutors sought the death penalty in 70 per cent of the cases where the murderer was African-American and the victim was white, but when there was a white murderer and the victim was African-American the same prosecutors sought the death penalty in only 15 per cent of cases (Donziger, 1996). Others have drawn attention to how politicians use the issue of capital punishment symbolically for electoral advantage. So, for example, it has been suggested that Bill Clinton scheduled the execution in Arkansas of a brain-damaged black man â Rickey Ray Rector â during his Presidential campaign bid in 1992 so as to demonstrate his toughness on crime and punishment. On the eve of his execution Mr Rector is reported to have been barking like a dog, laughing inappropriately, and on being offered his last meal, asking to save his dessert âuntil laterâ.
The most consistently debated question about capital punishment is whether or not it has a deterrent effect, and this remains the most common justification for the death penalty by retentionist countries. However, comparative studies of neighbouring abolitionist and retentionist states in the USA have suggested that abolition is not associated with higher murder rates in general, or with higher murder rates of police or prison officers in particular (Hood, 1996: 166). Even where a deterrent effect has been detected, critics would still debate whether the decision to murder is a matter of rational choice, and whether data on executions and murder are reliable. In his comprehensive study, initially undertaken on behalf of the United Nations Committee on Crime Prevention and Control, Hood (1996: 167) concluded that âresearch has failed to provide scientific proof that executions have a greater deterrent effect than life imprisonment. Such proof is unlikely to be forthcoming. The evidence as a whole still gives no positive support to the deterrent hypothesisâ (see also Hood and Hoyle, 2015).
David Wilson
Associated Concepts: deterrence, punitiveness, retribution, right realism, the state, state crime
Key Readings
Bedau, A.H. and Cassell, P. (2005) Debating the Death Penalty: Should America Have Capital Punishment? New York: Oxford University Press.
Donziger, S. (ed.) (1996) The Real War on Crime: The Report of the National Criminal Justice Commission. New York: Harper Collins.
Garrell, U.A.C. (1994) The Hanging Tree: Execution and the English People 1770â1868. Oxford: Clarendon Press.
Hood, R. (1996) The Death Penalty: A World-Wide Perspective. Oxford: Clarendon Press.
Hood, R. and Hoyle, C. (2015) The Death Penalty: A World-Wide Perspective (5th edn). Oxford: Oxford University Press.
Ignatieff, M. (1978) A Just Measure of Pain: The Penitentiary in the Industrial Revolution, 1750â1850. Harmondsworth: Penguin Books.
Potter, H. (1993) Hanging in Judgement: Religion and the Death Penalty in England. London: SCM Press.
Sarat, A. (ed.) (1998) The Killing State. New York: Oxford University Press.