Capital punishment 1

Capital punishmentCapital punishment, the death penalty, or execution is the sentence of death upon a person by judicial process as apunishment for an offence. Crimes that can result in a death penalty are known as capital crimes or capital offences.The term capital originates from Latin capitalis, literally "regarding the head" (Latin caput). Hence, a capital crimewas originally one punished by the severing of the head from the body.Capital punishment has in the past been practiced in virtually every society, although currently only 58 nationsactively practice it, with 95 countries having abolished it (the remainder having not used it for 10 years or allowing itonly in exceptional circumstances such as wartime).[1] It is a matter of active controversy in various countries andstates, and positions can vary within a single political ideology or cultural region. In the European Union memberstates, Article 2 of the Charter of Fundamental Rights of the European Union prohibits the use of capitalpunishment.[2]

As of 2010 Amnesty International considered most countries abolitionist.[3] The UN General Assembly has adopted,in 2007 and 2008, non-binding resolutions calling for a global moratorium on executions, with a view to eventualabolition.[4] Although many nations have abolished capital punishment, over 60% of the world's population live incountries where executions take place, inasmuch as the People's Republic of China, India, the United States ofAmerica and Indonesia, the four most populous countries in the world, continue to apply the death penalty (althoughin India it is used only rarely). Each of these four nations voted against the General Assembly resolutions.[5] [6] [7] [8]

[9] [10] [11] [12] [13]

HistoryExecution of criminals and political opponents has been used by nearly all societies—both to punish crime and tosuppress political dissent. In most places that practice capital punishment it is reserved for murder, espionage,treason, or as part of military justice. In some countries sexual crimes, such as rape, adultery, incest and sodomy,carry the death penalty, as do religious crimes such as apostasy in Islamic nations (the formal renunciation of thestate religion). In many countries that use the death penalty, drug trafficking is also a capital offense. In China,human trafficking and serious cases of corruption are punished by the death penalty. In militaries around the worldcourts-martial have imposed death sentences for offenses such as cowardice, desertion, insubordination, andmutiny.[14]

Anarchist Auguste Vaillantguillotined in France in 1894

The use of formal execution extends to the beginning of recorded history. Mosthistorical records and various primitive tribal practices indicate that the deathpenalty was a part of their justice system. Communal punishment for wrongdoinggenerally included compensation by the wrongdoer, corporal punishment,shunning, banishment and execution. Usually, compensation and shunning wereenough as a form of justice.[15] The response to crime committed byneighbouring tribes or communities included formal apology, compensation orblood feuds.

A blood feud or vendetta occurs when arbitration between families or tribes failsor an arbitration system is non-existent. This form of justice was common beforethe emergence of an arbitration system based on state or organised religion. Itmay result from crime, land disputes or a code of honour. "Acts of retaliationunderscore the ability of the social collective to defend itself and demonstrate toenemies (as well as potential allies) that injury to property, rights, or the person will not go unpunished."[16]

However, in practice, it is often difficult to distinguish between a war of vendetta and one of conquest.

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Severe historical penalties include breaking wheel, boiling to death, flaying, slow slicing, disembowelment,crucifixion, impalement, crushing (including crushing by elephant), stoning, execution by burning, dismemberment,sawing, decapitation, scaphism, necklacing or blowing from a gun.[17]

The Christian Martyrs' Last Prayer, byJean-Léon Gérôme (1883). Roman Colosseum.

Elaborations of tribal arbitration of feuds included peace settlementsoften done in a religious context and compensation system.Compensation was based on the principle of substitution which mightinclude material (for example, cattle, slave) compensation, exchange ofbrides or grooms, or payment of the blood debt. Settlement rules couldallow for animal blood to replace human blood, or transfers of propertyor blood money or in some case an offer of a person for execution. Theperson offered for execution did not have to be an original perpetratorof the crime because the system was based on tribes, not individuals.Blood feuds could be regulated at meetings, such as the Viking

things.[18] Systems deriving from blood feuds may survive alongside more advanced legal systems or be givenrecognition by courts (for example, trial by combat). One of the more modern refinements of the blood feud is theduel.

Giovanni Battista Bugatti,executioner of the Papal States

between 1796 and 1865, carried out516 executions (Bugatti pictured

offering snuff to a condemnedprisoner). Vatican City abolished itscapital punishment statute in 1969.

In certain parts of the world, nations in the form of ancient republics, monarchiesor tribal oligarchies emerged. These nations were often united by commonlinguistic, religious or family ties. Moreover, expansion of these nations oftenoccurred by conquest of neighbouring tribes or nations. Consequently, variousclasses of royalty, nobility, various commoners and slave emerged. Accordingly,the systems of tribal arbitration were submerged into a more unified system ofjustice which formalised the relation between the different "classes" rather than"tribes". The earliest and most famous example is Code of Hammurabi which setthe different punishment and compensation according to the different class/groupof victims and perpetrators. The Torah (Jewish Law), also known as thePentateuch (the first five books of the Christian Old Testament), lays down thedeath penalty for murder, kidnapping, magic, violation of the Sabbath,blasphemy, and a wide range of sexual crimes, although evidence suggests thatactual executions were rare.[19] A further example comes from Ancient Greece,where the Athenian legal system was first written down by Draco in about 621BC: the death penalty was applied for a particularly wide range of crimes, thoughSolon later repealed Draco's code and published new laws, retaining only Draco'shomicide statutes.[20] The word draconian derives from Draco's laws. TheRomans also used death penalty for a wide range of offenses.[21] [22]

Islam on the whole accepts capital punishment.[23] The Abbasid Caliphs in Baghdad, such as Al-Mu'tadid, wereoften cruel in their punishments.[24] In the One Thousand and One Nights, also known as the Arabian Nights, thefictional storyteller Sheherazade is portrayed as being the "voice of sanity and mercy", with her philosophicalposition being generally opposed to punishment by death. She expresses this through several of her tales, including"The Merchant and the Jinni", "The Fisherman and the Jinni", "The Three Apples", and "The Hunchback".[25]

Capital punishment 3

The breaking wheel was used duringthe Middle Ages and was still in use

into the 19th century.

Similarly, in medieval and early modern Europe, before the development ofmodern prison systems, the death penalty was also used as a generalised form ofpunishment. During the reign of Henry VIII, as many as 72,000 people areestimated to have been executed.[26] In 18th century Britain there were 222crimes which were punishable by death, including crimes such as cutting down atree or stealing an animal.[27] Thanks to the notorious Bloody Code, 18th century(and early 19th century) Britain was a hazardous place to live. For example,Michael Hammond and his sister, Ann, whose ages were given as 7 and 11, werereportedly hanged at King's Lynn on Wednesday, September 28, 1708 for theft.The local press did not, however, consider the executions of two childrennewsworthy.[28]

Although many are executed in China each year in the present day, there was atime in Tang Dynasty China when the death penalty was abolished.[29] This was in the year 747, enacted by EmperorXuanzong of Tang (r. 712–756). When abolishing the death penalty Xuanzong ordered his officials to refer to thenearest regulation by analogy when sentencing those found guilty of crimes for which the prescribed punishmentwas execution. Thus depending on the severity of the crime a punishment of severe scourging with the thick rod orof exile to the remote Lingnan region might take the place of capital punishment. However the death penalty wasrestored only 12 years later in 759 in response to the An Lushan Rebellion.[30] At this time in China only theemperor had the authority to sentence criminals to execution. Under Xuanzong capital punishment was relativelyinfrequent, with only 24 executions in the year 730 and 58 executions in the year 736.[29]

Ling Chi – execution by slow slicing– in Beijing around 1910.

The two most common forms of execution in China in the Tang period werestrangulation and decapitation, which were the prescribed methods of executionfor 144 and 89 offenses respectively. Strangulation was the prescribed sentencefor lodging an accusation against one's parents or grandparents with a magistrate,scheming to kidnap a person and sell them into slavery and opening a coffinwhile desecrating a tomb. Decapitation was the method of execution prescribedfor more serious crimes such as treason and sedition. Interestingly, and despitethe great discomfort involved, most Chinese during the Tang preferredstrangulation to decaptitation, as a result of the traditional Chinese belief that thebody is a gift from the parents and that it is therefore disrespectful to one'sancestors to die without returning one's body to the grave intact.Some further forms of capital punishment were practiced in Tang China, of which the first two that follow at leastwere extralegal. The first of these was scourging to death with the thick rod which was common throughout the Tangespecially in cases of gross corruption. The second was truncation, in which the convicted person was cut in two atthe waist with a fodder knife and then left to bleed to death.[31] A further form of execution called Ling Chi (slowslicing), or death by/of a thousand cuts, was used in China from the close of the Tang dynasty in roughly 900 CE toits abolition in 1905.

When a minister of the fifth grade or above received a death sentence the emperor might grant him a specialdispensation allowing him to commit suicide in lieu of execution. Even when this privilege was not granted, the lawrequired that the condemned minister be provided with food and ale by his keepers and transported to the executionground in a cart rather than having to walk there.Nearly all executions under the Tang took place in public as a warning to the population. The heads of the executedwere displayed on poles or spears. When local authorities decapitated a convicted criminal, the head was boxed andsent to the capital as proof of identity and that the execution had taken place.

Capital punishment 4

In Tang China, when a person was sentenced to decapitation for rebellion or sedition, punishment was also imposedon their relatives, whether or not the relatives were guilty of participation in the crime. In such cases fathers of theconvicted under 79 years of age and sons aged over 15 were strangled. Sons under 15, daughters, mothers, wives,concubines, grandfathers, grandsons, brothers and sisters were enslaved and uncles and nephews were banished tothe remotest reaches of the empire. Sometimes the tombs of the family's ancestors were levelled, the ancestors'coffins were destroyed and their bones scattered.[31]

Mexican execution by firing squad, 1916

Despite its wide use, calls for reform were not unknown. The 12thcentury Sephardic legal scholar, Moses Maimonides, wrote, "It isbetter and more satisfactory to acquit a thousand guilty persons than toput a single innocent man to death." He argued that executing anaccused criminal on anything less than absolute certainty would lead toa slippery slope of decreasing burdens of proof, until we would beconvicting merely "according to the judge's caprice." His concern wasmaintaining popular respect for law, and he saw errors of commissionas much more threatening than errors of omission.

The last several centuries have seen the emergence of modern nation-states. Almost fundamental to the concept ofnation state is the idea of citizenship. This caused justice to be increasingly associated with equality and universality,which in Europe saw an emergence of the concept of natural rights. Another important aspect is that emergence ofstanding police forces and permanent penitential institutions. The death penalty became an increasingly unnecessarydeterrent in prevention of minor crimes such as theft. The argument that deterrence, rather than retribution, is themain justification for punishment is a hallmark of the rational choice theory and can be traced to Cesare Beccariawhose well-known treatise On Crimes and Punishments (1764), condemned torture and the death penalty and JeremyBentham who twice critiqued the death penalty.[32] Additionally, in countries like Britain, law enforcement officialsbecame alarmed when juries tended to acquit non-violent felons rather than risk a conviction that could result inexecution. Moving executions there inside prisons and away from public view was prompted by official recognitionof the phenomenon reported first by Beccaria in Italy and later by Charles Dickens and Karl Marx of increasedviolent criminality at the times and places of executions.

Saint Nicholas of Myra seizes theexecutioner's sword in order to save

at the last moment three wronglycondemned prisoners (oil painting by

Ilya Repin, 1888, State RussianMuseum).

The 20th century was one of the bloodiest of the human history. Massive killingoccurred as the resolution of war between nation-states. A large part of executionwas summary execution of enemy combatants. Also, modern militaryorganisations employed capital punishment as a means of maintaining militarydiscipline. The Soviets, for example, executed 158,000 soldiers for desertionduring World War II.[33] In the past, cowardice, absence without leave, desertion,insubordination, looting, shirking under enemy fire and disobeying orders wereoften crimes punishable by death (see decimation and running the gauntlet). Onemethod of execution since firearms came into common use has almost invariablybeen firing squad. Moreover, various authoritarian states—for example thosewith fascist or communist governments—employed the death penalty as a potentmeans of political oppression. According to the declassified Soviet archives,681,692 people were shot in 1937 and 1938 alone – an average of 1,000executions a day.[34] Partly as a response to such excessive punishment, civilorganisations have started to place increasing emphasis on the concept of humanrights and abolition of the death penalty.

Among countries around the world, almost all European and many Pacific Area states (including Australia, New Zealand and Timor Leste), and Canada have abolished capital punishment. In Latin America, most states have completely abolished the use of capital punishment, while some countries, such as Brazil, allow for capital

Capital punishment 5

punishment only in exceptional situations, such as treason committed during wartime. The United States (the federalgovernment and 34 of the states), Guatemala, most of the Caribbean and the majority of democracies in Asia (forexample, Japan and India) and Africa (for example, Botswana and Zambia) retain it. South Africa, which is probablythe most developed African nation, and which has been a democracy since 1994, does not have the death penalty.This fact is currently quite controversial in that country, due to the high levels of violent crime, including murder andrape.[35]

Advocates of the death penalty argue that it deters crime, is a good tool for police and prosecutors (in plea bargainingfor example),[36] improves the community by making sure that convicted criminals do not offend again, providesclosure to surviving victims or loved ones, and is a just penalty for their crime. Opponents of capital punishmentargue that it has led to the execution of wrongfully convicted, that it discriminates against minorities and the poor,that it does not deter criminals more than life imprisonment, that it encourages a "culture of violence", that it is moreexpensive than life imprisonment,[37] and that it violates human rights.

Movements towards humane execution

A gurney in the San Quentin State Prison in the United States on which prisoners arerestrained during an execution by lethal injection.

In early New England, publicexecutions were a very solemn andsorrowful occasion, sometimesattended by large crowds, who alsolistened to a Gospel message[38] andremarks by local preachers andpoliticians. The Connecticut Courantrecords one such public execution onDecember 1, 1803, saying, "Theassembly conducted through the wholein a very orderly and solemn manner,so much so, as to occasion anobserving gentleman acquainted withother countries as well as this, to saythat such an assembly, so decent andsolemn, could not be collectedanywhere but in New England."[39] Trends in most of the world have long been to move to less painful, or morehumane, executions. France developed the guillotine for this reason in the final years of the 18th century whileBritain banned drawing and quartering in the early 19th century. Hanging by turning the victim off a ladder or bykicking a stool or a bucket, which causes death by suffocation, was replaced by long drop "hanging" where thesubject is dropped a longer distance to dislocate the neck and sever the spinal cord. Shah of Persia introducedthroat-cutting and blowing from a gun as quick and painless alternatives to more tormentous methods of executionsused at that time.[40] In the U.S., the electric chair and the gas chamber were introduced as more humane alternativesto hanging, but have been almost entirely superseded by lethal injection, which in turn has been criticised as beingtoo painful. Nevertheless, some countries still employ slow hanging methods, beheading by sword and even stoning,although the latter is rarely employed.

Capital punishment 6

AbolitionismThe death penalty was banned in China between 747 and 759. In Japan, Emperor Saga abolished the death penalty in818 under the influence of Shinto and it lasted until 1156. Therefore, capital punishment was not executed for 338years in ancient Japan. In England, a public statement of opposition was included in The Twelve Conclusions of theLollards, written in 1395. Sir Thomas More's Utopia, published in 1516, debated the benefits of the death penalty indialogue form, coming to no firm conclusion. More recent opposition to the death penalty stemmed from the book ofthe Italian Cesare Beccaria Dei Delitti e Delle Pene ("On Crimes and Punishments"), published in 1764. In this book,Beccaria aimed to demonstrate not only the injustice, but even the futility from the point of view of social welfare, oftorture and the death penalty. Influenced by the book, Grand Duke Leopold II of Habsburg, famous enlightenedmonarch and future Emperor of Austria, abolished the death penalty in the then-independent Grand Duchy ofTuscany, the first permanent abolition in modern times. On November 30, 1786, after having de facto blockedcapital executions (the last was in 1769), Leopold promulgated the reform of the penal code that abolished the deathpenalty and ordered the destruction of all the instruments for capital execution in his land. In 2000 Tuscany'sregional authorities instituted an annual holiday on November 30 to commemorate the event. The event iscommemorated on this day by 300 cities around the world celebrating Cities for Life Day.

Peter Leopold II, Grand Duke ofTuscany, by Joseph Hickel, 1769

The Roman Republic banned capital punishment in 1849. Venezuela followedsuit and abolished the death penalty in 1863 and San Marino did so in 1865. Thelast execution in San Marino had taken place in 1468. In Portugal, afterlegislative proposals in 1852 and 1863, the death penalty was abolished in 1867.

In the United Kingdom, it was abolished for murder (leaving only treason, piracywith violence, Arson in royal dockyards and a number of wartime militaryoffences as capital crimes) for a five year experiment in 1965 and permanently in1969, the last execution having taken place in 1964. It was abolished for allpeacetime offences in 1998.[41]

Abolition occurred in Canada in 1976, in France in 1981, and in Australia in1973 (although the state of Western Australia retained the penalty until 1984). In1977, the United Nations General Assembly affirmed in a formal resolution thatthroughout the world, it is desirable to "progressively restrict the number ofoffenses for which the death penalty might be imposed, with a view to thedesirability of abolishing this punishment".[42]

In the United States, Michigan was the first state to ban the death penalty, on May 18, 1846.[43] The death penaltywas declared unconstitutional between 1972 and 1976 based on the Furman v. Georgia case, but the 1976 Gregg v.Georgia case once again permitted the death penalty under certain circumstances. Further limitations were placed onthe death penalty in Atkins v. Virginia (death penalty unconstitutional for persons suffering from mental retardation)and Roper v. Simmons (death penalty unconstitutional if defendant was under age 18 at the time the crime wascommitted). Currently, as of March 9, 2011, 16 states of the U.S. and the District of Columbia ban capitalpunishment, with Illinois the most recent state to ban the practice.[44] Of the states where the death penalty ispermitted, California has the largest number of inmates on death row, while Texas has been the most active incarrying out executions (approximately one third of all executions since the practice was reinstated).The latest country to abolish the death penalty for all crimes was Gabon, in February 2010.[45] Human rights activistsoppose the death penalty, calling it "cruel, inhuman, and degrading punishment". Amnesty International considers itto be "the ultimate denial of Human Rights".[46]

Capital punishment 7

Contemporary use

Global distributionSince World War II there has been a trend toward abolishing the death penalty. In 1977, 16 countries wereabolitionist. According to information published by Amnesty International in 2010, 95 countries had abolishedcapital punishment altogether, 9 had done so for all offences except under special circumstances, and 35 had notused it for at least 10 years or were under a moratorium. The other 58 retained the death penalty in active use.[47]

According to Amnesty International, at least 714 executions were known to have been carried out in 18 countries in2009. In addition, there are countries which do not publish information on the use of capital punishment, mostsignificantly China, which is estimated to execute hundreds of people each year. At least 17,000 people worldwidewere under sentence of death at the beginning of 2010.[48]

Country Number executed in 2009

1 People's Republic of China Officially not released.[49] [50] At least 1700 (estimated),[51] may be up to 6000.[52]

2 Iran At least 388

3 Iraq At least 120

4 Saudi Arabia At least 69

5 United States 52

6 Yemen At least 30

7 Sudan At least 9

8 Vietnam At least 9

9 Syria At least 8

10 Japan 7

11 Egypt At least 5

12 Libya At least 4

13 Bangladesh 3

14 Thailand 2

15 Singapore At least 1

16 Botswana 1

17 Malaysia Unreleased

18 North Korea Unreleased

The use of the death penalty is becoming increasingly restrained in retentionist countries. Singapore, Japan, Taiwan,South Korea and the U.S. are the only developed countries that have retained the death penalty. The death penaltywas overwhelmingly practiced in poor and authoritarian states, which often employed the death penalty as a tool ofpolitical oppression. During the 1980s, the democratisation of Latin America swelled the rank of abolitionistcountries. This was soon followed by the fall of communism in Central and Eastern Europe, which then aspired toenter the EU. In these countries, the public support for the death penalty varies but is generally supported.[53] TheEuropean Union and the Council of Europe both strictly require member states not to practice the death penalty (seeCapital punishment in Europe). On the other hand, rapid industrialisation in Asia has been increasing the number ofdeveloped retentionist countries. In these countries, the death penalty enjoys strong public support, and the matterreceives little attention from the government or the media. This trend has been followed by some African and MiddleEastern countries where support for the death penalty is high.

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Some countries have resumed practicing the death penalty after having suspended executions for long periods. TheUnited States suspended executions in 1967 but resumed them in 1977, then again on 25 September 2007 to 16 April2008; there was no execution in India between 1995 and 2004; and Sri Lanka declared an end to its moratorium onthe death penalty on 20 Nov. 2004,[54] although it has not yet performed any executions. The Philippinesre-introduced the death penalty in 1993 after abolishing it in 1987, but abolished it again in 2006.

Execution for drug-related offencesSome countries that retain the death penalty for murder and other violent crimes do not execute offenders fordrug-related crimes. The following is a list of countries that currently have statutory provisions for the death penaltyfor drug-related offences.

Afghanistan Bangladesh Brunei People's Republic of China[55]

Republic of China[56] Also available on Chinese Wikisource. Egypt Indonesia Iran Iraq Kuwait Laos Malaysia Oman Pakistan

Saudi Arabia Singapore Thailand Vietnam United Arab Emirates Zimbabwe

Capital punishment 9

In specific countries

Use of the Use of death penalty worldwidedeath penalty around the world (as of Feb2011).  Abolished for all offenses (95)  Abolished for all offenses except under special

circumstances (8)  Retains, though not used for at least 10 years (49)  Retains deathpenalty (41)*Note that, while laws vary between U.S. states, it is considered retentionist

because the federal death penalty is still in active use.

For further information about capitalpunishment in these countries orregions, see: Australia · Canada ·People's Republic of China (excludingHong Kong and Macau) · Europe ·India · Iran · Iraq · Japan · NewZealand ·Pakistan· Philippines · Russia· Singapore · Taiwan · United Kingdom· United States

Juvenile offenders

The death penalty for juvenileoffenders (criminals aged under 18years at the time of their crime) hasbecome increasingly rare. Since 1990,nine countries have executed offenders who were juveniles at the time of their crimes: The People's Republic ofChina (PRC), Democratic Republic of the Congo, Iran, Nigeria, Pakistan, Saudi Arabia, Sudan, the United States andYemen.[57] The PRC, Pakistan, the United States and Yemen have since raised the minimum age to 18.[58] AmnestyInternational has recorded 61 verified executions since then, in several countries, of both juveniles and adults whohad been convicted of committing their offenses as juveniles.[59] The PRC does not allow for the execution of thoseunder 18, but child executions have reportedly taken place.[60]

Starting in 1642 within British America, an estimated 365[61] juvenile offenders were executed by the states andfederal government of the United States.[62] The United States Supreme Court abolished capital punishment foroffenders under the age of 16 in Thompson v. Oklahoma (1988), and for all juveniles in Roper v. Simmons (2005). Inaddition, in 2002, the United States Supreme Court declared unconstitutional the execution of individuals withmental retardation, in Atkins v. Virginia.[63]

Between 2005 and May 2008, Iran, Pakistan, Saudi Arabia, Sudan and Yemen were reported to have executed childoffenders, the most being from Iran.[64]

The United Nations Convention on the Rights of the Child, which forbids capital punishment for juveniles underarticle 37(a), has been signed by all countries and ratified, except for Somalia and the United States (notwithstandingthe latter's Supreme Court decisions abolishing the practice).[65] The UN Sub-Commission on the Promotion andProtection of Human Rights maintains that the death penalty for juveniles has become contrary to a jus cogens ofcustomary international law. A majority of countries are also party to the U.N. International Covenant on Civil andPolitical Rights (whose Article 6.5 also states that "Sentence of death shall not be imposed for crimes committed bypersons below eighteen years of age...").In Japan, the minimum age for the death penalty is 18 as mandated by the internationals standards. But underJapanese law, anyone under 20 is considered a juvenile. There are three men currently on death row for crimes theycommitted at age 18 or 19.

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Iran

Iran, despite its ratification of the Convention on the Rights of the Child and International Covenant on Civil andPolitical Rights, is currently the world's biggest executioner of juvenile offenders, for which it has receivedinternational condemnation; the country's record is the focus of the Stop Child Executions Campaign.Iran accounts for two-thirds of the global total of such executions, and currently has roughly 140 people on deathrow for crimes committed as juveniles (up from 71 in 2007).[66] [67] The past executions of Mahmoud Asgari, AyazMarhoni and Makwan Moloudzadeh became international symbols of Iran's child capital punishment and the judicialsystem that hands down such sentences.[68] [69]

Somalia

There is evidence that child executions are taking place in the parts of Somalia controlled by the Islamic CourtsUnion (ICU). In October 2008, a girl, Aisho Ibrahim Dhuhulow was buried up to her neck at a football stadium, thenstoned to death in front of more than 1,000 people. The stoning occurred after she had allegedly pleaded guilty toadultery in a shariah court in Kismayo, a city controlled by the ICU. According to a local leader associated with theICU, she had stated that she wanted shariah law to apply.[70] However, other sources state that the victim had beencrying, that she begged for mercy and had to be forced into the hole before being buried up to her neck in theground.[71] Amnesty International later learned that the girl was in fact 13 years old and had been arrested by theal-Shabab militia after she had reported being gang-raped by three men.[72]

However, Somalia's recently established Transitional Federal Government announced in November 2009 that itplans to ratify the Convention on the Rights of the Child. This move was lauded by UNICEF as a welcome attemptto secure children's rights in the country.[73]

MethodsThe following methods of execution are still being used in 2010:[74] [75] [76] [77] [78]

• Beheading (Saudi Arabia, Qatar)• Electric chair (Alabama, Tennessee, Virginia, South Carolina, Florida and Kentucky in the USA• Gas chamber (California, Missouri and Arizona in the USA)• Hanging (Washington in the USA, Afghanistan, Iran, Iraq, Japan, Mongolia, Malaysia, Pakistan, Palestine,

Lebanon, Yemen, Egypt, India, Burma, Singapore, Sri Lanka, Zimbabwe, South Korea, Malawi, Liberia, Chad)• Lethal injection (all states in the USA that are using capital punishment, Guatemala, Thailand, the People's

Republic of China, Vietnam)• Shooting (Utah in the USA, the People's Republic of China, Republic of China, Vietnam, Belarus, Lebanon,

Cuba, Grenada, North Korea, Indonesia

Controversy and debateCapital punishment is often the subject of controversy. Opponents of the death penalty argue that it has led to theexecution of innocent people, that its main motive is not justice but revenge and to save money, that lifeimprisonment is an effective and less expensive substitute,[37] that it discriminates against minorities and the poor,and that it violates the criminal's right to life. Supporters believe that the penalty is justified for murderers by theprinciple of retribution, that life imprisonment is not an equally effective deterrent, and that the death penalty affirmsthe right to life by punishing those who violate it in the strictest form.

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Wrongful executionsWrongful execution is a miscarriage of justice occurring when an innocent person is put to death by capitalpunishment.[79] Many people have been proclaimed innocent victims of the death penalty.[80] [81] [82] Some haveclaimed that as many as 39 executions have been carried out in the U.S. in face of compelling evidence of innocenceor serious doubt about guilt. Newly available DNA evidence has allowed the exoneration of more than 15 death rowinmates since 1992 in the U.S.,[83] but DNA evidence is only available in a fraction of capital cases. In the UK,reviews prompted by the Criminal Cases Review Commission have resulted in one pardon and three exonerationswith compensation paid for people executed between 1950 and 1953, when the execution rate in England and Walesaveraged 17 per year.

Public opinionIn Canada, Australia, New Zealand, Latin America, and Western Europe, the death penalty has become relativelyunpopular, with the majority of the population opposing it.[84] However certain cases of mass murder, terrorism, andchild murder occasionally cause waves of support for reinstitution, such as the Greyhound bus beheading, PortArthur massacre and Bali bombings. Between 2000 and 2010, support for the return of capital punishment in Canadadropped from 44% to 40%, and opposition to it returning rose from 43% to 46%.[85]

Abolition was often adopted due to political change, as when countries shifted from authoritarianism to democracy,or when it became an entry condition for the European Union. The United States is a notable exception: some stateshave had bans on capital punishment for decades (the earliest is Michigan, where it was abolished in 1847), whileothers actively use it today. The death penalty there remains a contentious issue which is hotly debated. Elsewhere,however, it is rare for the death penalty to be abolished as a result of an active public discussion of its merits.In abolitionist countries, debate is sometimes revived by particularly brutal murders, though few countries havebrought it back after abolishing it. However, a spike in serious, violent crimes, such as murders or terrorist attacks,has prompted some countries (such as Sri Lanka and Jamaica) to effectively end the moratorium on the deathpenalty. In retentionist countries, the debate is sometimes revived when a miscarriage of justice has occurred, thoughthis tends to cause legislative efforts to improve the judicial process rather than to abolish the death penalty.A Gallup International poll from 2000 said that "Worldwide support was expressed in favor of the death penalty,with just more than half (52%) indicating that they were in favour of this form of punishment." A number of otherpolls and studies [86] have been done in recent years with various results.In a poll completed by Gallup in October 2009, 65% of Americans supported the death penalty for persons convictedof murder, while 31% were against and 5% did not have an opinion.[87]

In the U.S., surveys have long shown a majority in favor of capital punishment. An ABC News survey in July 2006found 65 percent in favour of capital punishment, consistent with other polling since 2000.[88] About half theAmerican public says the death penalty is not imposed frequently enough and 60 percent believe it is applied fairly,according to a Gallup poll from May 2006.[89] Yet surveys also show the public is more divided when asked tochoose between the death penalty and life without parole, or when dealing with juvenile offenders.[90] Roughly six in10 tell Gallup they do not believe capital punishment deters murder and majorities believe at least one innocentperson has been executed in the past five years.[91]

Diminished capacityIn the United States, there has been an evolving debate as to whether capital punishment should apply to persons with diminished mental capacity. In Ford v. Wainwright,[92] the Supreme Court held that the Eighth Amendment prohibits the state from carrying out the death penalty on an individual who is insane, and that properly raised issues of execution-time sanity must be determined in a proceeding satisfying the minimum requirements of due process. In Atkins v. Virginia,[93] the Supreme Court addressed whether the Eighth Amendment prohibits the execution of

Capital punishment 12

mentally retarded persons. The Court noted that a "national consensus" had developed against it.[94] While suchexecutions are still permitted for people with marginal retardation, evidence of retardation is allowed as a mitigatingcircumstance. However, a recent case of Teresa Lewis who was the first woman executed in Virginia since 1912,proved to be very controversial because Governor Bob McDonnell refused to commute her sentence to lifeimprisonment, even though she had an IQ of 70.[95] [96]

International organisationsThe United Nations introduced a resolution during the General Assembly's 62nd sessions in 2007 calling for auniversal ban.[97] [98] The approval of a draft resolution by the Assembly's third committee, which deals with humanrights issues, voted 99 to 52, with 33 abstentions, in favour of the resolution on November 15, 2007 and was put to avote in the Assembly on December 18.[99] [100] [101] Again in 2008, a large majority of states from all regionsadopted a second resolution calling for a moratorium on the use of the death penalty in the UN General Assembly(Third Committee) on November 20. 105 countries voted in favour of the draft resolution, 48 voted against and 31abstained. A range of amendments proposed by a small minority of pro-death penalty countries wereoverwhelmingly defeated. It had in 2007 passed a non-binding resolution (by 104 to 54, with 29 abstentions) byasking its member states for "a moratorium on executions with a view to abolishing the death penalty".[102]

Article 2 of the Charter of Fundamental Rights of the European Union affirms theprohibition on capital punishment in the EU

A number of regional conventionsprohibit the death penalty, mostnotably, the Sixth Protocol (abolitionin time of peace) and the 13th Protocol(abolition in all circumstances) to theEuropean Convention on HumanRights. The same is also stated underthe Second Protocol in the AmericanConvention on Human Rights, which,however has not been ratified by allcountries in the Americas, mostnotably Canada and the United States.Most relevant operative internationaltreaties do not require its prohibitionfor cases of serious crime, mostnotably, the International Covenant on

Civil and Political Rights. This instead has, in common with several other treaties, an optional protocol prohibitingcapital punishment and promoting its wider abolition.[103]

Several international organizations have made the abolition of the death penalty (during time of peace) a requirementof membership, most notably the European Union (EU) and the Council of Europe. The EU and the Council ofEurope are willing to accept a moratorium as an interim measure. Thus, while Russia is a member of the Council ofEurope, and practices the death penalty in law, it has not made public use of it since becoming a member of theCouncil. Other states, while having abolished de jure the death penalty in time of peace and de facto in allcircumstances, have not ratified Protocol no.13 [104] yet and therefore have no international obligation to refrain fromusing the death penalty in time of war or imminent threat of war (Armenia, Latvia, Poland and Spain).[105] Italy isthe most recent to ratify it, on March 3, 2009.[106]

Turkey has recently, as a move towards EU membership, undergone a reform of its legal system. Previously there was a de facto moratorium on the death penalty in Turkey as the last execution took place in 1984. The death penalty was removed from peacetime law in August 2002, and in May 2004 Turkey amended its constitution in order to remove capital punishment in all circumstances. It ratified Protocol no. 13 to the European Convention on Human

Capital punishment 13

Rights in February 2006. As a result, Europe is a continent free of the death penalty in practice, all states but Russia,which has entered a moratorium, having ratified the Sixth Protocol to the European Convention on Human Rights,with the sole exception of Belarus, which is not a member of the Council of Europe. The Parliamentary Assembly ofthe Council of Europe has been lobbying for Council of Europe observer states who practice the death penalty, theU.S. and Japan, to abolish it or lose their observer status. In addition to banning capital punishment for EU memberstates, the EU has also banned detainee transfers in cases where the receiving party may seek the death penalty.Among non-governmental organizations (NGOs), Amnesty International and Human Rights Watch are noted fortheir opposition to capital punishment. A number of such NGOs, as well as trade unions, local councils and barassociations formed a World Coalition Against the Death Penalty in 2002.

Religious views

BuddhismThere is disagreement among Buddhists as to whether or not Buddhism forbids the death penalty. The first of theFive Precepts (Panca-sila) is to abstain from destruction of life. Chapter 10 of the Dhammapada states:

"Everyone fears punishment; everyone fears death, just as you do. Therefore you do not kill or cause tobe killed."

Chapter 26, the final chapter of the Dhammapada, states, "Him I call a brahmin who has put aside weapons andrenounced violence toward all creatures. He neither kills nor helps others to kill." These sentences are interpreted bymany Buddhists (especially in the West) as an injunction against supporting any legal measure which might lead tothe death penalty. However, as is often the case with the interpretation of scripture, there is dispute on this matter.Historically, most states where the official religion is Buddhism have imposed capital punishment for some offenses.One notable exception is the abolition of the death penalty by the Emperor Saga of Japan in 818. This lasted until1165, although in private manors executions continued to be conducted as a form of retaliation. Japan still imposesthe death penalty, although some recent justice ministers have refused to sign death warrants, citing their Buddhistbeliefs as their reason.[107] Other Buddhist-majority states vary in their policy. For example, Bhutan has abolishedthe death penalty, but Thailand still retains it, although Buddhism is the official religion in both.

JudaismThe official teachings of Judaism approve the death penalty in principle but the standard of proof required forapplication of death penalty is extremely stringent. In practice, it has been abolished by various Talmudic decisions,making the situations in which a death sentence could be passed effectively impossible and hypothetical. A capitalcase could not be tried by a normal Beit Din of three judges, it can only be adjudicated by a Sanhedrin of a minimumof 23 judges.[108] Forty years before the destruction of the Temple in Jerusalem in 70 CE, i.e. in 30 CE, the Sanhedrineffectively abolished capital punishment, making it a hypothetical upper limit on the severity of punishment, fittingin finality for God alone to use, not fallible people.[109]

The 12th century Jewish legal scholar, Maimonides said:"It is better and more satisfactory to acquit a thousand guilty persons than to put a single innocent one todeath."[110]

Maimonides argued that executing a defendant on anything less than absolute certainty would lead to a slipperyslope of decreasing burdens of proof, until we would be convicting merely "according to the judge's caprice".Maimonides was concerned about the need for the law to guard itself in public perceptions, to preserve its majestyand retain the people's respect.[111]

Capital punishment 14

IslamScholars of Islam hold it to be permissible but the victim or the family of the victim has the right to pardon. InIslamic jurisprudence (Fiqh), to forbid what is not forbidden is forbidden. Consequently, it is impossible to make acase for abolition of the death penalty, which is explicitly endorsed.Sharia Law or Islamic law may require capital punishment, there is great variation within Islamic nations as to actualcapital punishment. Apostasy in Islam and stoning to death in Islam are controversial topics. Furthermore, asexpressed in the Qur'an, capital punishment is condoned. Although the Qur'an prescribes the death penalty forseveral hadd (fixed) crimes—including rape—murder is not among them. Instead, murder is treated as a civil crimeand is covered by the law of qisas (retaliation), whereby the relatives of the victim decide whether the offender ispunished with death by the authorities or made to pay diyah (wergild) as compensation.[112]

"If anyone kills person—unless it be for murder or for spreading mischief in the land—it would be as if he killed allpeople. And if anyone saves a life, it would be as if he saved the life of all people" (Qur'an 5:32). "Spreadingmischief in the land" can mean many different things, but is generally interpreted to mean those crimes that affect thecommunity as a whole, and destabilise the society.Crimes that have fallen under this description have included: treason, apostasy, piracy (essentially armed robbery),murder, terrorism, rape including paedophilia, adultery, homosexual intercourse.[113]

However, there is also a minority view within some Muslims that capital punishment is not justified in the light ofQur'an.[114]

ChristianityAlthough some interpret Jesus's teachings as condemning violence in The Gospel of Luke and The Gospel ofMatthew where he advocates Turning the other cheek, and Pericope Adulterae in which Jesus intervenes in thestoning of an adulteress (most scholars[115] [116] agreeing that this passage was "certainly not part of the original textof St John's Gospel"[117] ), others consider Romans 13:3–4 to support the death penalty. Many Christians havebelieved that Jesus's doctrine of peace speaks only to personal ethics and is distinct from civil government's duty topunish crime. Also, Leviticus 20|2–27 has a whole list of situations in which execution is supported. Christianpositions on this vary.[118] The sixth commandment (fifth in the Roman Catholic and Lutheran churches) is preachedas 'Thou shalt not kill' by some denominations and as 'Thou shalt not murder' by others. As some denominations donot have a hard-line stance on the subject, Christians of such denominations are free to make a personal decision.[119]

Roman Catholic Church

St. Thomas Aquinas, a Doctor of the Church, accepts the death penalty as a deterrent and prevention method but notas a means of vengeance. (See Aquinas on the death penalty.) The Roman Catechism states this teaching thus:

Another kind of lawful slaying belongs to the civil authorities, to whom is entrusted power of life anddeath, by the legal and judicious exercise of which they punish the guilty and protect the innocent. Thejust use of this power, far from involving the crime of murder, is an act of paramount obedience to thisCommandment which prohibits murder. The end of the Commandment is the preservation and securityof human life. Now the punishments inflicted by the civil authority, which is the legitimate avenger ofcrime, naturally tend to this end, since they give security to life by repressing outrage and violence.Hence these words of David: In the morning I put to death all the wicked of the land, that I might cut offall the workers of iniquity from the city of the Lord.[120]

In Evangelium Vitae, Pope John Paul II suggested that capital punishment should be avoided unless it is the only way to defend society from the offender in question, opining that punishment "ought not go to the extreme of executing the offender except in cases of absolute necessity: in other words, when it would not be possible otherwise to defend society. Today however, as a result of steady improvements in the organization of the penal system, such

Capital punishment 15

cases are very rare, if not practically non-existent."[121] The most recent edition of the Catechism of the CatholicChurch restates this view.[122] That the assessment of the contemporary situation advanced by John Paul II is notbinding on the faithful was confirmed by Cardinal Ratzinger when he wrote in 2004 that,

if a Catholic were to be at odds with the Holy Father on the application of capital punishment or on thedecision to wage war, he would not for that reason be considered unworthy to present himself to receiveHoly Communion. While the Church exhorts civil authorities to seek peace, not war, and to exercisediscretion and mercy in imposing punishment on criminals, it may still be permissible to take up arms torepel an aggressor or to have recourse to capital punishment. There may be a legitimate diversity ofopinion even among Catholics about waging war and applying the death penalty, but not however withregard to abortion and euthanasia.[123]

While all Catholics must therefore hold that "the infliction of capital punishment is not contrary to the teaching of theCatholic Church, and the power of the State to visit upon culprits the penalty of death derives much authority fromrevelation and from the writings of theologians", the matter of "the advisability of exercising that power is, of course,an affair to be determined upon other and various considerations."[124]

Southern Baptist

Southern Baptists support the fair and equitable use of capital punishment for those guilty of murder or treasonousacts.[125]

Anglican and Episcopalian

The Lambeth Conference of Anglican bishops condemned the death penalty in 1988:This Conference: ... 3. Urges the Church to speak out against: ... (b) all governments who practice capitalpunishment, and encourages them to find alternative ways of sentencing offenders so that the divine dignity ofevery human being is respected and yet justice is pursued;....[126]

United Methodist Church

The United Methodist Church, along with other Methodist churches, also condemns capital punishment, saying thatit cannot accept retribution or social vengeance as a reason for taking human life.[127] The Church also holds that thedeath penalty falls unfairly and unequally upon marginalised persons including the poor, the uneducated, ethnic andreligious minorities, and persons with mental and emotional illnesses.[128] The General Conference of the UnitedMethodist Church calls for its bishops to uphold opposition to capital punishment and for governments to enact animmediate moratorium on carrying out the death penalty sentence.

The Evangelical Lutheran Church in America

In a 1991 social policy statement, the ELCA officially took a stand to oppose the death penalty. It states that revengeis a primary motivation for capital punishment policy and that true healing can only take place through repentanceand forgiveness.[129]

Other Protestants

Several key leaders early in the Protestant Reformation, including Martin Luther and John Calvin, followed thetraditional reasoning in favour of capital punishment, and the Lutheran Church's Augsburg Confession explicitlydefended it. Some Protestant groups have cited Genesis 9:5–6, Romans 13:3–4, and Leviticus 20:1–27 as the basisfor permitting the death penalty.[130]

Mennonites, Church of the Brethren and Friends have opposed the death penalty since their founding, and continue to be strongly opposed to it today. These groups, along with other Christians opposed to capital punishment, have cited Christ's Sermon on the Mount (transcribed in Matthew Chapter 5–7) and Sermon on the Plain (transcribed in

Capital punishment 16

Luke 6:17–49). In both sermons, Christ tells his followers to turn the other cheek and to love their enemies, whichthese groups believe mandates nonviolence, including opposition to the death penalty.

The Church of Jesus Christ of Latter-day Saints

The Church of Jesus Christ of Latter-day Saints (also called Mormons) neither promotes nor opposes capitalpunishment, although the church's founder, Joseph Smith, Jr., supported it.[131] However, today the church officiallystate it is a "matter to be decided solely by the prescribed processes of civil law."[132]

Community of Christ

Community of Christ, the former Reorganized Church of Jesus Christ of Latter Day Saints (RLDS), is opposed tocapital punishment. The first stand against capital punishment was taken by the church's Presiding High Council in1995. This was followed by a resolution of the World Conference in 2000. This resolution, WC 1273, states:

[W]e stand in opposition to the use of the death penalty; and ... as a peace church we seek ways to achievehealing and restorative justice. Church members are encouraged to work for the abolition of the death penaltyin those states and nations that still practice this form of punishment.[133]

Eastern Orthodox Christianity

Eastern Orthodox Christianity does not officially condemn nor endorse capital punishment. It states that it is not atotally objectionable thing, but also that its abolishment can be driven by genuine Christian values, especiallystressing the need for mercy.[134]

Esoteric Christianity

The Rosicrucian Fellowship and many other Christian esoteric schools condemn capital punishment in allcircumstances.[135] [136]

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[75] "Methods of execution - Death Penalty Information Center" (http:/ / www. deathpenaltyinfo. org/ methods-execution). Deathpenaltyinfo.org.. Retrieved 2011-02-23.

[76] "Death penalty Bulletin No. 4-2010" (http:/ / translate. google. no/ translate?js=n& prev=_t& hl=no& ie=UTF-8& layout=2& eotf=1&sl=no& tl=en& u=http:/ / www. amnesty. no/ d%C3%B8dsstraffbulletin-nr-4-2010& act=url) (in (Norwegian)). Translate.google.no. .Retrieved 2011-02-23.

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Capital punishment 19

[78] "execution methods by country" (http:/ / executions. justsickshit. com/ execution-methods-by-country/ ). Executions.justsickshit.com. .Retrieved 2011-02-23.

[79] "Innocence and the Death Penalty" (http:/ / www. deathpenaltyinfo. org/ article. php?did=412& scid=6). Deathpenaltyinfo.org. . Retrieved2010-08-23.

[80] Capital Defense Weekly (http:/ / capitaldefenseweekly. com/ innocent. html) Archived (http:/ / web. archive. org/ 20070804222621/ http:/ /capitaldefenseweekly. com/ innocent. html) August 4, 2007 at the Wayback Machine.

[81] "Executed Innocents" (http:/ / www. justicedenied. org/ executed. htm). Justicedenied.org. . Retrieved 2010-08-23.[82] "Wrongful executions" (http:/ / mitglied. lycos. de/ PeterWill/ penal9. htm). Mitglied.lycos.de. . Retrieved 2010-08-23.[83] "The Innocence Project – News and Information: Press Releases" (http:/ / www. innocenceproject. org/ Content/ 575. php).

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2010. .[86] http:/ / www. deathpenaltyinfo. org/ article. php?did=2165[87] 2008 Gallup Death Penalty Poll (http:/ / www. gallup. com/ poll/ 1606/ death-penalty. aspx).[88] ABC News poll, "Capital Punishment, 30 Years On: Support, but Ambivalence as Well" (http:/ / abcnews. go. com/ images/ Politics/

1015a3DeathPenalty. pdf) (PDF, July 1, 2006).[89] Crime (http:/ / www. pollingreport. com/ crime. htm).[90] (http:/ / www. publicagenda. org/ issues/ major_proposals_detail. cfm?issue_type=crime& list=3) (http:/ / www. publicagenda. org/ issues/

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major_proposals_detail. cfm?issue_type=crime& list=8)[92] 477 U.S. 399 (1986).[93] 536 U.S. 304, 122 S. Ct. 2242 (2002).[94] 122 S. Ct. at 2249.[95] Steinmetz, Katy (2010-09-10). "Virginia Woman Faces Execution amid Calls for Leniency" (http:/ / www. time. com/ time/ nation/ article/

0,8599,2017362,00. html). TIME. . Retrieved 2010-09-24.[96] "Grandmother Teresa Lewis to be executed in Virginia after last minute reprieve refused" (http:/ / news. sky. com/ skynews/ Home/

World-News/ Grandmother-Teresa-Lewis-To-Be-Executed-In-Virginia-After-Last-Minute-Reprieve-Refused/ Article/201009415741205?lpos=World_News_Top_Stories_Header_2&lid=ARTICLE_15741205_Grandmother_Teresa_Lewis_To_Be_Executed_In_Virginia_After_Last_Minute_Reprieve_Refused).News.sky.com. . Retrieved 2011-02-23.

[97] Thomas Hubert (2007-06-29). "Journée contre la peine de mort : le monde décide!" (http:/ / www. worldcoalition. org/ modules/ news/article. php?storyid=10) (in French). Coalition Mondiale. .

[98] Amnesty International (http:/ / web. amnesty. org/ pages/ deathpenalty-index-eng).[99] "UN set for key death penalty vote" (http:/ / www. amnesty. org/ en/ news-and-updates/ news/ un-set-key-death-penalty-vote-20071209).

Amnesty International. 2007-12-09. . Retrieved 2008-02-12.[100] Directorate of Communication – The global campaign against the death penalty is gaining momentum – Statement by Terry Davis,

Secretary General of the Council of Europe (https:/ / wcd. coe. int/ ViewDoc. jsp?id=1212297).[101] UN General Assembly – Latest from the UN News Centre (http:/ / www. un. org/ ga/ news/ news. asp?NewsID=24679& Cr=general&

Cr1=assembly).[102] "U.N. Assembly calls for moratorium on death penalty" (http:/ / www. reuters. com/ article/ topNews/ idUSN1849885920071218).

Reuters. December 18, 2007. .[103] "Second Optional Protocol to the ICCPR" (http:/ / www2. ohchr. org/ english/ law/ ccpr-death. htm). Office of the UN High Commissioner

on Human Rights. . Retrieved 2007-12-08.[104] http:/ / conventions. coe. int/ Treaty/ Commun/ ChercheSig. asp?NT=187& CM=8& DF=11/ 20/ 2007& CL=ENG[105] Amnesty International (http:/ / www. amnesty. org/ en/ death-penalty/ ratification-of-international-treaties).[106] Italy abolishes the death penalty in all circumstances (http:/ / www. worldcoalition. org/ modules/ smartsection/ item. php?itemid=328).[107] "Japan hangs two more on death row (see also paragraph 11)" (http:/ / news. bbc. co. uk/ 2/ hi/ asia-pacific/ 7694483. stm). BBC News.

2008-10-28. . Retrieved 2010-08-23.[108] Babylonian Talmud Sanhedrin 2a[109] Jerusalem Talmud (Sanhedrin 41 a)[110] Goldstein, Warren (2006). Defending the human spirit: Jewish law's vision for a moral society (http:/ / books. google. com/

books?id=uuizffmvKqQC& pg=PA269). Feldheim Publishers. p. 269. ISBN 9781583307328. . Retrieved 22 October 2010.[111] Moses Maimonides, The Commandments, Neg. Comm. 290, at 269–271 (Charles B. Chavel trans., 1967).[112] Encyclopædia Britannica. "capital punishment – Britannica Online Encyclopedia" (http:/ / www. britannica. com/ eb/ article-9020149/

capital-punishment). Britannica.com. . Retrieved 2010-08-23.[113] "Capital Punishment in Islam" (http:/ / islam. about. com/ cs/ law/ a/ c_punishment. htm). Islam.about.com. . Retrieved 2010-08-23.

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[114] "Why The Death Penalty is un-Islamic? - Kashif Shahzada 2010" (http:/ / kashifshahzada. com/ 2010/ 11/ 20/why-the-death-penalty-is-un-islamic). . Retrieved 2010-11-20.

[115] "NETBible: John 7" (http:/ / net. bible. org/ bible. php?book=Joh& chapter=7#n139). Bible.org. . Retrieved 2009-10-17. See note 139 onthat page.

[116] Keith, Chris (2008). "Recent and Previous Research on the Pericope Adulterae (John 7.53—8.11)". Currents in Biblical Research 6 (3):377–404. doi:10.1177/1476993X07084793.

[117] 'Pericope adulterae', in FL Cross (ed.), The Oxford Dictionary of the Christian Church, (New York: Oxford University Press, 2005).[118] "What The Christian Scriptures Say About The Death Penalty – Capital Punishment" (http:/ / www. religioustolerance. org/ exe_bibl2.

htm). Religioustolerance.org. . Retrieved 2010-08-23.[119] "BBC – Religion & Ethics – Capital punishment: Introduction" (http:/ / www. bbc. co. uk/ religion/ religions/ christianity/ christianethics/

capitalpunishment_1. shtml). Bbc.co.uk. 2009-08-03. . Retrieved 2011-02-23.[120] "THE CATECHISM OF TRENT: The Fifth Commandment" (http:/ / www. cin. org/ users/ james/ ebooks/ master/ trent/ tcomm05. htm).

Cin.org. . Retrieved 2010-08-23.[121] Papal encyclical, Evangelium Vitae (http:/ / www. vatican. va/ edocs/ ENG0141/ __PP. HTM), March 25, 1995[122] Assuming that the guilty party's identity and responsibility have been fully determined, the traditional teaching of the Church does not

exclude recourse to the death penalty, if this is the only possible way of effectively defending human lives against the unjust aggressor.[123] "Abortion - Pro Life - Cardinal Ratzinger on Voting, Abortion, and Worthiness to Receive Holy Communion" (http:/ / www. priestsforlife.

org/ magisterium/ bishops/ 04-07ratzingerommunion. htm). Priestsforlife.org. . Retrieved 2010-08-23.[124] "CATHOLIC ENCYCLOPEDIA: Capital Punishment (Death Penalty)" (http:/ / www. newadvent. org/ cathen/ 12565a. htm).

Newadvent.org. 1911-06-01. . Retrieved 2010-08-23.[125] "SBC Resolution: On Capital Punishment" (http:/ / www. sbc. net/ resolutions/ amResolution. asp?ID=299). Southern Baptist Convention. .

Retrieved 2010-10-26.[126] Lambeth Conference of Anglican Bishops, 1988, Resolution 33, paragraph 3. (b), found at Lambeth Conference official website page

(http:/ / www. lambethconference. org/ resolutions/ 1988/ 1988-33. cfm). Retrieved July 16, 2008.[127] "The United Methodist Church: Capital Punishment" (http:/ / archives. umc. org/ interior_print. asp?ptid=4& mid=1070).

Archives.umc.org. . Retrieved 2010-08-23.[128] "The United Methodist Church: Official church statements on capital punishment" (http:/ / archives. umc. org/ interior. asp?ptid=1&

mid=2211). Archives.umc.org. 2006-11-06. . Retrieved 2011-02-23.[129] "ELCA Social Statement on the Death Penalty" (http:/ / www. elca. org/ socialstatements/ deathpenalty/ ). Elca.org. 1991-09-04. .

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20061214111249/ http:/ / www. equip. org/ free/ CP1304. htm[131] Roberts (1902, p. 435).[132] "The Church of Jesus Christ of Latter-day Saints: Public Issues" (http:/ / newsroom. lds. org/ ldsnewsroom/ eng/ public-issues/

capital-punishment). Newsroom.lds.org. . Retrieved 2010-08-23.[133] RLDS World Conference, Resolution 1273, Adopted April 8, 2000, entitled "Healing Ministry and Capital Punishment" found online at

(http:/ / www. cofchrist. org/ peace/ statements/ cptlpunish. asp). Retrieved March 2, 2011.[134] "The Basis of the Social Concept, IX. 3" (http:/ / www. mospat. ru/ en/ documents/ social-concepts/ ix/ ). Mospat.ru. . Retrieved

2010-08-23.[135] Heindel, Max (1910s), The Rosicrucian Philosophy in Questions and Answers – Volume II: Question no.33: Rosicrucian Viewpoint of

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Further reading• Gaie, Joseph B. R (2004), The ethics of medical involvement in capital punishment : a philosophical discussion

(http:/ / books. google. ca/ books?id=FaUNdNuVjJYC& lpg=PP1& dq=Capital punishment&pg=PP1#v=onepage& q& f=true), Kluwer Academic, ISBN 1402017642

• Kronenwetter, Michael (2001), Capital punishment: a reference handbook (http:/ / books. google. ca/books?id=SOiuzOv061EC& lpg=PP1& dq=Capital punishment& pg=PP1#v=onepage& q& f=true) (2nd ed.),ABC-CLIO, ISBN 1576074323

• McCafferty, James A (2010), Capital Punishment (http:/ / books. google. ca/ books?id=n8P0BYf62wAC&lpg=PP1& dq=Capital punishment& pg=PP1#v=onepage& q& f=true), AldineTransaction, ISBN 9780202363288

• Mandery, Evan J (2005), Capital punishment: a balanced examination (http:/ / books. google. ca/books?id=KPIf6dPJ_jQC& lpg=PP1& dq=Capital punishment& pg=PP1#v=onepage& q& f=true), Jones andBartlett Publishers, ISBN 0763733083

Capital punishment 21

• Marzilli, Alan (2008), Capital Punishment - Point-counterpoint (http:/ / books. google. ca/books?id=nlOU4fUaiV8C& lpg=PP1& dq=Capital punishment& pg=PP1#v=onepage& q& f=true) (2nd ed.),Chelsea House, ISBN 9780791097960

• Woolf, Alex (2004), World issues - Capital Punishment (http:/ / books. google. ca/books?id=U3McAciWdWYC& lpg=PA1& dq=Capital punishment& pg=PA1#v=onepage& q& f=true),Chrysalis Education, ISBN 1593891555

• Simon, Rita (2007), A comparative analysis of capital punishment : statutes, policies, frequencies, and publicattitudes the world over (http:/ / books. google. ca/ books?id=tpmQDVdv3UgC& lpg=PP1& dq=Capitalpunishment& pg=PP1#v=onepage& q& f=true), Lexington Books, ISBN 0739120913

External links• About.com's Pros & Cons of the Death Penalty and Capital Punishment (http:/ / usliberals. about. com/ od/

deathpenalty/ i/ DeathPenalty. htm)• 1000+ Death Penalty links all in one place (http:/ / www. clarkprosecutor. org/ html/ links/ dplinks. htm)• Updates on the death penalty generally and capital punishment law specifically (http:/ / www.

capitaldefenseweekly. com/ )• Texas Department of Criminal Justice: list of executed offenders and their last statements (http:/ / www. tdcj.

state. tx. us/ stat/ executedoffenders. htm)• Answers.com entry on capital punishment (http:/ / www. answers. com/ topic/ capital-punishment)• "How to Kill a Human Being" (http:/ / www. bbc. co. uk/ sn/ tvradio/ programmes/ horizon/ broadband/ tx/

executions/ ), BBC Horizon TV programme documentary, 2008• U.S. and 50 State death penalty/capital punishment law and other relevant links (http:/ / www. megalaw. com/

top/ deathpenalty. php) Megalaw• Two audio documentaries covering execution in the United States: Witness to an Execution (http:/ /

soundportraits. org/ on-air/ witness_to_an_execution/ ) The Execution Tapes (http:/ / soundportraits. org/ on-air/execution_tapes/ )

Opposing• World Coalition Against the Death Penalty (http:/ / www. worldcoalition. org)• Death Watch International (http:/ / www. deathwatchinternational. org) International anti-death penalty campaign

group• Campaign to End the Death Penalty (http:/ / www. nodeathpenalty. org)• Anti-Death Penalty Information (http:/ / www. antideathpenalty. org): includes a monthly watchlist of upcoming

executions and death penalty statistics for the United States.• The Death Penalty Information Center (http:/ / www. deathpenaltyinfo. org): Statistical information and studies• Amnesty International – Abolish the death penalty Campaign (http:/ / www. amnesty. org/ en/ death-penalty):

Human Rights organisation• European Union (http:/ / ec. europa. eu/ comm/ external_relations/ human_rights/ adp/ ): Information on

anti-death penalty policies• IPS Inter Press Service (http:/ / www. ipsnews. net/ new_focus/ deathpenalty/ index. asp) International news on

capital punishment• Death Penalty Focus (http:/ / www. deathpenalty. org/ ): American group dedicated to abolishing the death

penalty• Reprieve.org (http:/ / www. reprieve. org/ ): United States based volunteer program for foreign lawyers, students,

and others to work at death penalty defense offices

Capital punishment 22

• American Civil Liberties Union (http:/ / www. aclu. org/ DeathPenalty/ DeathPenaltyMain. cfm): Demanding aMoratorium on the Death Penalty

• National Coalition to Abolish the Death Penalty (http:/ / www. ncadp. org)• Australian Coalition Against Death Penalty (ACADP) (http:/ / www. acadp. com) – human rights organisation for

total abolition of Death Penalty, worldwide.• NSW Council for Civil Liberties (http:/ / www. nswccl. org. au/ issues/ death_penalty/ index. php): an Australian

organisation opposed to the Death Penalty in the Asian region• Winning a war on terror: eliminating the death penalty (http:/ / www. thesomnambulist. org/ 2008/ 01/

winning-a-war-on-terror-eliminating-the-death-penalty)

In favour• The REAL Death Penalty in the US: A Review (http:/ / off2dr. com/ modules/ cjaycontent/ index. php?id=21)• Criminal Justice Legal Foundation (http:/ / www. cjlf. org/ deathpenalty/ DPinformation. htm)• Keep life without parole and death penalty intact (http:/ / www. recordnet. com/ apps/ pbcs. dll/ article?AID=/

20090805/ A_OPINION0619/ 908050306/ -1/ NEWSMAP)• Why the death penalty is needed (http:/ / www. explorernews. com/ articles/ 2009/ 08/ 26/ opinion/

doc4a9478dabc9be260176264. txt)• Pro Death Penalty.com (http:/ / www. prodeathpenalty. com)• Pro Death Penalty Resource Page (http:/ / www. wesleylowe. com/ cp. html)• 119 Pro DP Links (http:/ / www. geometry. net/ basic_c/ capital_punishment_pro_death_penalty. php)• The Death Penalty is Constitutional (http:/ / constitution. now77. com/ )• The Paradoxes of a Death Penalty Stance (http:/ / www. washingtonpost. com/ wp-dyn/ content/ article/ 2005/ 06/

03/ AR2005060301450. html) by Charles Lane in the Washington Post• Clark County, Indiana, Prosecutor's Page on capital punishment (http:/ / www. clarkprosecutor. org/ html/ death/

death. htm)• In Favor of Capital Punishment (http:/ / pro-dp. appspot. com/ ) – Famous Quotes supporting Capital Punishment• Studies spur new death penalty debate (http:/ / www. msnbc. msn. com/ id/ 19160965)

Religious views• The Dalai Lama (http:/ / www. deathpenaltyreligious. org/ education/ perspectives/ dalailama. html) – Message

supporting the moratorium on the death penalty• Buddhism & Capital Punishment (http:/ / www. engaged-zen. org/ articles/

Damien_P_Horigan-Buddhism_Capital_Punishment. html) from The Engaged Zen Society• Orthodox Union website: Rabbi Yosef Edelstein: Parshat Beha'alotcha: A Few Reflections on Capital Punishment

(http:/ / www. ou. org/ torah/ savannah/ 5760/ behaalotcha60. htm)• Priests for Life (http:/ / www. priestsforlife. org/ deathpenalty) – Lists several Catholic links• The Death Penalty: Why the Church Speaks a Countercultural Message (http:/ / www. americancatholic. org/

Newsletters/ CU/ ac0195. asp) by Kenneth R. Overberg, S.J., from AmericanCatholic.org (http:/ / www.americancatholic. org/ )

• Wrestling with the Death Penalty (http:/ / www. americancatholic. org/ Newsletters/ YU/ ay0696. asp) by AndyPrince, from Youth Update on AmericanCatholic.org (http:/ / www. americancatholic. org)

•  "Capital Punishment". Catholic Encyclopedia. New York: Robert Appleton Company. 1913.• Catholics Against Capital Punishment (http:/ / www. cacp. org): offers a Catholic perspective and provides

resources and links• Kashif Shahzada 2010 (http:/ / kashifshahzada. com/ 2010/ 11/ 20/ why-the-death-penalty-is-un-islamic): Why

The Death Penalty Is un-Islamic?

Article Sources and Contributors 23

Article Sources and ContributorsCapital punishment  Source: http://en.wikipedia.org/w/index.php?oldid=428430530  Contributors: "Country" Bushrod Washington, 04palmertonalex, 100110100, 101lol, 1213234345456767878r, 13afuse, 1Samantha1, 20040302, 21655, 23prootie, 2D, 3dOptics, 41523, 4wajzkd02, A Clown in the Dark, A E Francis, A young communist, A.K.A.47, AAA!, ABF, ACSE, ACinfo, AContributor, ADM, AEMoreira042281, ANTIxDEMON77, AOL account, AStudent, Aaron Schulz, Accurizer, Acerperi, ActionMan12, AdBo, Adale 50, Adam Bishop, Adam Keller, Adam37, AdamWeeden, Adamciks, Adamesmith, Adashiel, Addshore, Agamemnon2, Agnistus, Ahan2, Ahoerstemeier, Ahsirakh, Ai4ijoel, Aisano, Aitias, Ajsimas, Akamad, AkeHolm, Aksi great, Al1976, Alai, Alan Liefting, Alan McBeth, Alanmoroney, Alansohn, Albatross2147, Ale jrb, Alex Coiro, Alex43223, AlexRampaul, Alexhobbit, AliveFreeHappy, Allamara, Allencd10, Alphachimp, Altenmann, Am86, AmiDaniel, Amire80, Ammodramus, Ande B., Andeggs, Andonic, Andre Engels, Andrew c, Andrewferrier, AndyZ, Andycjp, Angela, Angeldeb82, Angelo De La Paz, Angrynight, Anne, Anonymous editor, Antandrus, Ante Aikio, Antiuser, Antonio Di Dio, Anupam, Anus Shades, Appleboy, Applegod, Arachnocapitalist, Arakunem, Archer7, Argento, Arges, Argumentssake, Aris Katsaris, Aristitleism, Armando, Art LaPella, Artem Karimov, Arthur Ellis, Asasa64, AshishG, Ashmoo, Asteriks, AstroNomer, AtheWeatherman, Atlant, Atletiker, Atmoz, Ato, Aude, AussieBoy, Austin512, AvatarMN, Avono, Awinkle, Awsftball13, AxelBoldt, AzaToth, B, BD2412, Babbage, Bantosh, Barbara Shack, BarenakedKevin, Barry Kent, Baseballbaker23, Bassbonerocks, Bastin, Battistoli, Beano, Bearian, Beaver3t, Beland, Belligero, BenB4, Benjaminevans82, Benne, Berean Hunter, Berzerker, Bhadani, Bhuston, Bibliomaniac15, Big Wang, Bihco, Bill37212, BillC, Binary TSO, BinaryTed, Biruitorul, Biry0501, Bjarki S, Bjmaher92, Blackhawk70, Blackjack3, Blainster, Blaireaux, BlaiseFEgan, BlastOButter42, Bluemoose, 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speller, ChrisHodgesUK, Chrislk02, Chrism, Christopher Parham, Chupon, Ckatz, ClamDip, CliffC, Clintville, Closeapple, Closedmouth, Cmdrjameson, Codetiger, Coemgenus, Comet Tuttle, CommonsDelinker, Confusedmiked, Connor696969, CoolFox, Coolcaesar, Copysan, Corvus cornix, Costesseyboy, Cousteau69, Cravenmonket, CrazyChemGuy, Cristiano Toàn, Crouchbk, Cryonic, Crzyfrd, Cs302b, Cuchullain, Curps, Curugil, CustardJack, Cyborg, Cyril Washbrook, Cyrius, DB, DHN, DJ Clayworth, DJac75, DPFS, DPdH, DRosenbach, DTOx, DVD R W, Da monster under your bed, Dabbler, Dalgspleh, Dalton, Damian Yerrick, Dan100, DanKeshet, DanielCD, Danmoyano, Dante Alighieri, Dantheman531, DarTar, Darkangel4, Darkildor, Darkrider2k6, Darth Panda, Dave205, Davehi1, Davewild, David Edgar, David Kane, David Kernow, David Levy, David Shankbone, David Underdown, David.Monniaux, Davidbengtenglund, Dawn Bard, Dcandeto, Death Watch International, Dekisugi, Deli nk, Delirium, Demi, Den fjättrade ankan, Denniss, DerHexer, Derek Ross, DesmondE, Dhp1080, Dies Iræ, Digitalme, Dina, Dino, Discospinster, Diza, Docu, Dog Eat Dog World, Dolovis, Dominaton123, Donikanuhiu, Donreed, DoomsDay349, Dorftrottel, DoubleBlue, Doug Bell, Dougjih, Download, Dpotter, Dpr, Dpv, Drahcir, Drake Dun, Drappel, Drapsag, Drestros power, DriveMySol, Drn8, Drsayis2, Drwondrain, Ds13, Dtrain75, Dwilke, Dzied Bulbash, Dzordzm, ED MD, EJF, ER MD, ESkog, Eaefremov, Eagleamn, Earisp, Earldelawarr, East28thstreet, Eclecticology, Ed Poor, EddieVanZant, Edison, Edward, Edward321, Edwy, Edzk, Eeekster, Ehouk1, Eje211, Ekilfeather, El Pollo Diablo, ElBenevolente, Ellsworth, Eloquence, Elpenmaster, Emanuel Kingsley, Emersoni, Emijrp, Emoraptor, Enceladus, Endomion, EnglishDude, Epbr123, Epstein's Mother, Eraserhead1, Erasmussen, Erauch, Erc, Erebus Morgaine, Eric Straven, Ericd, Erich Schmidt, Ernestnywang, Eroark, Erolos, Esa 0, Esowteric, Esp1818, Espoo, EstebanF, Estoy Aquí, Estrellador*, Ethan Mitchell, Etienne.navarro, Everyking, Evil 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