Topic > Capital Punishment in America - 1721

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 a criminal's life, has been used in response to three distinct categories of crime. The three categories are: crimes against the person; property crimes and crimes that endanger the security of the nation (Horwitz 13). Capital punishment is still in use today in the United States, but has been abolished by many countries (II 536). Countries that still have the death penalty on their books rarely employ it. The first writings on the topic date back to 2000 BC, but it is clear that capital punishment has existed more or less since the birth of humanity (Szumski 25). Throughout history, it has been practiced in almost all civilizations as punishment for serious crimes, but sometimes also for thrill and excitement. The Romans placed slaves and prisoners in the Colosseum as food while spectators enjoyed the spectacle (Horwitz 13). In the early colonial states, the death penalty was applied for a vast number of crimes, just as in England, the ruler of the states in this era (II536). In England, in the 18th century, there were around 220 crimes punishable by death. Some of them today would be considered misdemeanors and petty crimes (e.g. killing a rabbit, stealing a handkerchief, and cutting down a cherry tree) (Horwitz 13). Most of these were crimes having to do with property. However, in the 17th century, transportation became an alternative to execution. Many of these criminals were shipped to the United States(28). In the early days of our Constitution, the only passages that demonstrated the existence of the death penalty were two amendments to the Bill of Rights (Landau11). These amendments concern the protection and rights of the accused. The Fifth Amendment prohibits the State from depriving an individual of life without due process of law. The Eighth Amendment prohibits “cruel and unusual” punishments. The Supreme Court has not yet determined what this phrase means. In one case, which occurred around 1890, the question was whether capital punishment violated the Eighth Amendment. The court reasoned that “a definition of cruel and unusual punishment must reflect the evolving standards of decency that mark the progress of a maturing society” (14). Polls from this era show that a majority of people supported the death penalty. In the Middle Ages, capital punishment was also applied to animals