Capital punishment, also known as death sentence refers to a government-centred action by which a nation takes an individual's life as a means of punishment for a particular crime. Laws about death sentences were enacted and exercised back in eighteenth centuries B.C in the code of King Hammurabi of Babylon, an execution which assorted capital punishment for twenty five different crimes. Capital punishment laws also date back in Fourteenth Century and Seventh Century B. C which was enacted by Draconian of Athens, action which made death sentence mandatory for all crimes (Masur, 2015). Capital punishment was exercised using beating to death, burning alive, drowning, crucifixion, and implement by individuals authorized by government agencies. The essay explains the origin of capital punishment as one o the relevant and current form of criminal justice.
Capital punishment as one of the relevant and current forms of criminal justice may have emerged as a result of different types of crimes which occurred at the past. Spying during war dates back the first attempt of the death penalty in countries like Britain. For instance, Captain George Kendall, a Britain specialist encountered first execution for acting as a spy for Spain during the war (Unnever & Cullen, 2006). Later, leaders such as Governor Sir Thomas Dale of Virginia City enacted divine, martial and moral laws which enhanced the death penalty for minor crimes like stealing a chicken, stealing grapes and trading with Indians.
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Moreover, capital offences like denying the true God and treason were punishable by death. Treason involved betraying once country especially during the times of war or overthrowing of sovereign power by an individual. Religion was highly valued during ancient times, and anyone who went against the doctrine of their God received corporal punishment. Death was induced through stoning to death, beheading, burning at stake, drowning and quartering. By sixteenth centuries, capital crimes in countries like Britain continued to emerge leading to the execution of more than 72,000 for different crimes during the reign of King Henry VIII (Masur, 2015).
Consequently, accusation of witchcraft by religion, economic and political institutions led to the emergence of capital punishment. For instance, the first death sentence was evidenced in the sixteenth century in Africa Egypt where b a member of the nobility was accused of magic and later forced to kill him (Masur, 2015). Evidence shows that non-nobility who engaged in criminal activities in Egypt like treason, stealing chicken and other valuable commodities were usually executed with an axe.
Death penalty differed for the nobility. Execution among slaves and freemen may have emerged for crimes like cutting or grazing crops planted by a farmer, the burning of a house or a stack of corn near his home, cheating by a patron of his client and publication of libels and insulting songs in the seventh B.C. One notable execution was that of 399BC when Socrates (Greece philosophers) was forced to take poison for heresy and corruption of youth.
Before 1665 BC, New York colony instituted Duke's laws which enhanced death penalty for pre-meditated murder, sodomy, kidnapping, traitorous denial of the king's rights or resisting his authority and striking once father or mother upon complaint of both. Many conies followed the New York Laws, and the only outstanding colonies that were lenient to capital punishment were Pennsylvania and South Jersey. For instance, in South Jersey, there was no death penalty for minor crimes such as libels, denial of true God, and kidnapping. Capital punishment was linked to serious crimes like murder and treason.
Mosaic Laws tabulated number capital crimes which may be blamed for the origin and spread of capital punishment. Evidence has shown that Jews used different ways of punishing lawbreakers which included crucifixion, throwing the criminal from the top of a rock, sawing asunder and beheading. The most notorious death execution happened in 29 AD during the crucifixion of Jesus Christ outside Jerusalem. Later on, Emperor Constantine of the Roman Empire abolished human torture and other ruthless death penalties after his conversion to Christianity.
Moreover, Britain may have pressured and influenced many countries in capital punishment. Britain had a long history of capital punishment which dates back to periods tenth Century and about 450 BC when King William the Conqueror discouraged the taking of life unless during the time of war. By then crimes were punished in gallows, rocks and drowning pits. For instance, towards the end of 1729 B.C, there were more than eighty-nine Jews hanged for clipping coin in the city (Lambert, 2017). Before eighteenth-century Britain had well-organized techniques of punishing those who went against the law. Each gender received capital punishment independently. Women execution for the highest form of treason was through hanging as men received mistreatment of any kind. Some men were buried alive, stoned to death well others had their private parts cut off.
Refusal to confess sins for particular crimes like adultery, stealing and betrayal influenced the origin of capital punishment. Jews believed laws in which when broken led to death execution of the defendant following the rabbinical law. Most of Rabbis supported capital punishment into anyone who broke rabbinical rules and ceased to repent. According to rabbinical laws, capital punishment was introduced after the destruction of the second temple during the Jews war with Romans under Emperor Titus of the Roman Empire (Masur, 2015).
In conclusion, capital punishment has a long history which dates its origin back to ancient times of the code of King Hammurabi of Babylon. Egypt offers clear evidence of capital punishment whereby one member of the nobility was accused of magic and later ordered to take his own life. However, I disagree with the death penalty as a means of punishing lawbreakers. According to my perception, the death penalty is inhuman. Therefore, government agencies and other lawmakers should fight hard to outdo such penalties. More so, courts should come up with more appropriate ways of punishing lawbreakers like rehabilitation, restoration, and retribution.
References
Lambert, E. G., Clarke, A., & Lambert, J. (2004). Reasons for supporting and opposing capital punishment in the USA: A preliminary study.
Masur, L. P. (2015). Rites of Execution: Capital punishment and the transformation of American culture, 1776-1865. Oxford University Press on Demand.
Unnever, J. D., & Cullen, F. T. (2006). Christian fundamentalism and support for capital punishment. Journal of Research in Crime and delinquency, 43(2), 169-197.
