Capital Punishment in America


The concept of "a life for a life" is "as old as civilization itself"


(McCiellan 9). Capital punishment, the legal taking of the life of a criminal,


has been utilized in response to three distinct catagories of offense. The three


categories are: crimes against the person; crimes against property;


and crimes which endanger the security of the nation (Horwitz 13).


Capital punishment is still in use in the United States today, but has been


abolished by many countries (II 536). The countries that still have the death


penalty on their books, rarely employ it .


The earliest writings on the subject dates as far back as 2000 B. C.,


but it is clear that capital punishment more or less has existed since the birth


of mankind (Szumski 25). Throughout history, it has been exercised in almost all


civilizations as a retribution for severe crimes, but sometimes also for the


thrill and excitement. The Romans put slaves and prisoners in the Coliseum as


lion food while spectators enjoyed the sight (Horwitz 13).


In the early colonial states, the death penalty was applied for a vast


number of crimes, just like in England, the ruler of the states in this era (II


536). In England, in the 18th century, there were approximately 220 offenses


punishable by death. Some of them would today be considered as misdemeanors


and petty crimes (i. e. shooting of a rabbit, the theft of a pocket handkerchief,


and to cut down a cherry tree) (Horwitz 13). The majority of these were crimes


dealing with property. However, transportation became an alternative to


execution in the 17th century. A lot of these criminals were shipped to the U.S.


(28).


In the early days of our Constitution, the only segments that showed


that the death penalty existed were two amendments in the Bill of Rights (Landau


11). These amendments deal with protection and rights of the accused. The fifth


amendment prohibits the state from depriving an individual of life without due


process of law. The eight amendment prohibits "cruel and unusual" punishment.


The Supreme Court has still not determined what this phrase means. In one case


in the 1890s, the question was if capital punishment violated the eight


amendment. The court relied on the matter that "a definition of cruel and


unusual punishment must reflect the evolving standards of decency that mark the


progress of a maturing society" (14). Surveys from this era show that a


majority of the people favored the death penalty.


In the Middle Ages, capital punishment was also applied to animals


(Horwitz 24). An animal, guilty of having killed a human being, would be


executed, sometimes after a trial with a lawyer representing the animal. In one


case, in Dijon, France, a horse kicked his master to death. In court, a witness


testified that the man had provoked the horse. In spite of this, the creature


was sentenced to death. Trials with animals was considered to be absolutely fair.


"Enlightment thinkers", or social reformers, such as Montesquieu,


Voltaire, and Caesar Beccaria fought to bring an end to the use of capital


punishment (II 536). The Caesar Beccaria, an Italian criminologist in the 1700s,


influenced society and "stimulated penal reform" to abolish the practice of this


irrevocable penalty (Szumski 22). As an alternative, he recommends retribution,


that is making up for losses. In his essay An Essay On Crimes and Punishments,


approved by philosopher Voltaire, he admits that capital punishment is justified


in only one case; Beccaria argues that "when [a criminal], though deprived of


liberty, he has such power and connections as may endanger the security of the


nation", he should be executed (Szumski 24). This relates to justify capital


punishment in cases of spying, which still is a controversial issue today.


Religious opposers argue that the death penalty "contradicts the


teachings of love and mercy" (Szumski 86). At the same time a religious


supporter, Haven Bradford Gow, claims that the Bible justifies "an eye for an


eye and a tooth for a tooth" as stated in the Catholic Bible in the Fifth


commandment:


"Another kind of slaying belongs to the civil authorities to whom is


entrusted the power of life and death, by the legal and judicious exercise of


which they punish the guilty and protect the innocent" (Bradford).


The Bible is constantly used as a defense for capital punishment and many


references can be found to such a penalty. Another religious supporter judge


that "religious teachings prove that the death penalty upholds the dignity of


human life as ordered by scripture" (Szumski