Research Paper Example: History of the Death Penalty

History of the Death Penalty

1. Introduction

1.1 Historical background

Capital punishment, as a societal mechanism for retribution and deterrence, has existed across civilizations for millennia. From Babylon’s codification of twenty‐five capital offenses in the Code of Hammurabi to Athens’ Draconian laws mandating death for all crimes, states have employed the ultimate penalty to enforce moral and legal norms. Roman, medieval, and early modern societies refined methods of execution—beheadings, hangings, and burnings—to reflect contemporary notions of justice and authority (Death Penalty Information Center).

1.2 Significance of the death penalty study

Studying the history of the death penalty illuminates the evolution of legal principles, ethical standards, and human rights. Understanding its historical underpinnings and subsequent legal reforms provides critical insight into ongoing debates over arbitrariness, racial and socioeconomic disparities, the potential for wrongful convictions, and international human rights norms. As jurisdictions worldwide reconsider capital punishment, historical analysis informs policymakers, legal scholars, and the public on the complexities of state‐sanctioned death (Death Penalty Information Center).

2. Modern history

2.1 History of death penalty in the U.S

In the United States, the death penalty underwent dramatic constitutional and legislative transformations throughout the twentieth century. In Furman v. Georgia (1972), the Supreme Court found that unguided capital statutes led to arbitrary and capricious sentences, effectively suspending executions nationwide (Death Penalty Information Center). States responded by enacting guided‐discretion statutes, culminating in Gregg v. Georgia (1976), which upheld new frameworks incorporating aggravating and mitigating factors, bifurcated trials, automatic appeals, and proportionality reviews (Death Penalty Information Center). Subsequently, the Court restricted capital punishment in Coker v. Georgia (1977), Ford v. Wainwright (1986), Atkins v. Virginia (2002), and Roper v. Simmons (2005), barring the death penalty for non‐homicide offenses, mentally ill and intellectually disabled offenders, and juveniles (Death Penalty Information Center). Public support peaked at 80 percent in 1994 but declined to 55 percent by October 2022 (Death Penalty Information Center).

2.2 Sources and data collection

The analysis of modern capital punishment relies on comprehensive data sets and research compiled by the Death Penalty Information Center. Key resources include the Death Penalty Census, which chronicles sentencing trends; the Execution Database, detailing methods and demographics; the Innocence Database, recording exonerations; Legislative Activity records; and Sentencing Data (Death Penalty Information Center). These sources enable scholars to assess arbitrariness, cost, deterrent effects, race and class disparities, and changes in public opinion.

3. Early history

3.1 Ancient and classical periods

Early death penalty laws emerged as early as the eighteenth century BCE, notably in the Code of Hammurabi of Babylon, which prescribed capital punishment for twenty‐five distinct crimes. Similar provisions appear in the fourteenth century BCE Hittite Code, the seventh century BCE Draconian Code of Athens—which mandated death for all offenses—and the fifth century BCE Roman Law of the Twelve Tables. Execution methods across these societies included crucifixion, drowning, beatings, burning alive, and impalement (Death Penalty Information Center).

3.2 Medieval to early modern era

During the medieval period, hanging became Britain’s predominant method of execution by the tenth century CE. Under William the Conqueror, capital punishment was largely reserved for wartime. The sixteenth century saw a sharp increase under Henry VIII, with an estimated 72,000 executions for crimes ranging from treason to marrying a Jew. By the eighteenth century, Britain listed 222 capital offenses, prompting juries to acquit lesser offenders to avoid death sentences. Reforms between 1823 and 1837 eliminated capital punishment for over 100 crimes, reflecting growing humanitarian concerns (Death Penalty Information Center).

3.3 Contemporary developments

In the late eighteenth century, Enlightenment thought spurred challenges to state‐sanctioned execution. Cesare Beccaria’s 1767 essay On Crimes and Punishments argued that capital punishment was neither just nor effective and inspired abolition in Austria and Tuscany. In colonial America, Thomas Jefferson’s 1778 proposal to limit capital crimes to murder and treason failed by one vote, while Dr. Benjamin Rush, with support from Benjamin Franklin and William Bradford, criticized the death penalty’s deterrent value, leading Pennsylvania to repeal it for all crimes except first‐degree murder in 1794 (Death Penalty Information Center). These developments laid the groundwork for subsequent reforms and abolitionist movements globally.

Works Cited

“The Death Penalty in 2025: Majority of Capital Juries in 2025 Rejected Death Sentences.” Death Penalty Information Center, 2025.