History Of The Death Penalty

The Abolitionist Movement

Colonial Times

The abo­li­tion­ist move­ment finds its roots in the writ­ings of European the­o­rists Montesquieu, Voltaire and Bentham, and English Quakers John Bellers and John Howard. However, it was Cesare Beccaria’s 1767 essay, On Crimes and Punishment, that had an espe­cial­ly strong impact through­out the world. In the essay, Beccaria the­o­rized that there was no jus­ti­fi­ca­tion for the state’s tak­ing of a life. The essay gave abo­li­tion­ists an author­i­ta­tive voice and renewed ener­gy, one result of which was the abo­li­tion of the death penal­ty in Austria and Tuscany. (Schabas 1997)

American intel­lec­tu­als as well were influ­enced by Beccaria. The first attempt­ed reforms of the death penal­ty in the U.S. occurred when Thomas Jefferson intro­duced a bill to revise Virginia’s death penal­ty laws. The bill pro­posed that cap­i­tal pun­ish­ment be used only for the crimes of mur­der and trea­son. It was defeat­ed by only one vote.

Also influ­enced was Dr. Benjamin Rush, a sign­er of the Declaration of Independence and founder of the Pennsylvania Prison Society. Rush chal­lenged the belief that the death penal­ty serves as a deter­rent. In fact, Rush was an ear­ly believ­er in the bru­tal­iza­tion effect.” He held that hav­ing a death penal­ty actu­al­ly increased crim­i­nal con­duct. Rush gained the sup­port of Benjamin Franklin and Philadelphia Attorney General William Bradford. Bradford, who would lat­er become the U.S. Attorney General, led Pennsylvania to become the first state to con­sid­er degrees of mur­der based on cul­pa­bil­i­ty. In 1794, Pennsylvania repealed the death penal­ty for all offens­es except first degree mur­der. (Bohm, 1999; Randa, 1997; and Schabas, 1997)

Nineteenth Century

In the ear­ly to mid-Nineteenth Century, the abo­li­tion­ist move­ment gained momen­tum in the north­east. In the ear­ly part of the cen­tu­ry, many states reduced the num­ber of their cap­i­tal crimes and built state pen­i­ten­tiaries. In 1834, Pennsylvania became the first state to move exe­cu­tions away from the pub­lic eye and car­ry­ing them out in correctional facilities.

In 1846, Michigan became the first state to abol­ish the death penal­ty for all crimes except trea­son. Later, Rhode Island and Wisconsin abol­ished the death penal­ty for all crimes. By the end of the cen­tu­ry, the world would see the coun­tries of Venezuela, Portugal, Netherlands, Costa Rica, Brazil and Ecuador fol­low suit. (Bohm, 1999 and Schabas, 1997).

Although some U.S. states began abol­ish­ing the death penal­ty, most states held onto cap­i­tal pun­ish­ment. Some states made more crimes cap­i­tal offens­es, espe­cial­ly for offens­es com­mit­ted by slaves. In 1838, in an effort to make the death penal­ty more palat­able to the pub­lic, some states began pass­ing laws against manda­to­ry death sen­tenc­ing instead enact­ing dis­cre­tionary death penal­ty statutes. The 1838 enact­ment of dis­cre­tionary death penal­ty statutes in Tennessee, and lat­er in Alabama, were seen as a great reform. This intro­duc­tion of sen­tenc­ing dis­cre­tion in the cap­i­tal process was per­ceived as a vic­to­ry for abo­li­tion­ists because pri­or to the enact­ment of these statutes, all states man­dat­ed the death penal­ty for any­one con­vict­ed of a cap­i­tal crime, regard­less of cir­cum­stances. With the excep­tion of a small num­ber of rarely com­mit­ted crimes in a few juris­dic­tions, all manda­to­ry cap­i­tal pun­ish­ment laws had been abol­ished by 1963. (Bohm, 1999)

During the Civil War, oppo­si­tion to the death penal­ty waned, as more atten­tion was giv­en to the anti-slav­ery move­ment. After the war, new devel­op­ments in the means of exe­cu­tions emerged. The elec­tric chair was intro­duced at the end of the cen­tu­ry. New York built the first elec­tric chair in 1888, and in 1890 exe­cut­ed William Kemmler. Soon, oth­er states adopt­ed this exe­cu­tion method. (Randa, 1997)

Early and Mid-Twentieth Century

Although some states abol­ished the death penal­ty in the mid-Nineteenth Century, it was actu­al­ly the first half of the Twentieth Century that marked the begin­ning of the Progressive Period” of reform in the United States. From 1907 to 1917, six states com­plete­ly out­lawed the death penal­ty and three lim­it­ed it to the rarely com­mit­ted crimes of trea­son and first degree mur­der of a law enforce­ment offi­cial. However, this reform was short-lived. There was a fren­zied atmos­phere in the U.S., as cit­i­zens began to pan­ic about the threat of rev­o­lu­tion in the wake of the Russian Revolution. In addi­tion, the U.S. had just entered World War I and there were intense class con­flicts as social­ists mount­ed the first seri­ous chal­lenge to cap­i­tal­ism. As a result, five of the six abo­li­tion­ist states rein­stat­ed their death penal­ty by 1920. (Bedau, 1997 and Bohm, 1999)

In 1924, the use of cyanide gas was intro­duced, as Nevada sought a more humane way of exe­cut­ing its inmates. Gee Jon was the first per­son exe­cut­ed by lethal gas. The state tried to pump cyanide gas into Jon’s cell while he slept, but this proved impos­si­ble, and the gas cham­ber was con­struct­ed. (Bohm, 1999)

From the 1920s to the 1940s, there was a resur­gence in the use of the death penal­ty. This was due, in part, to the writ­ings of crim­i­nol­o­gists, who argued that the death penal­ty was a nec­es­sary social mea­sure. In the United States, Americans were suf­fer­ing through Prohibition and the Great Depression. There were more exe­cu­tions in the 1930s than in any oth­er decade in American his­to­ry, an aver­age of 167 per year. (Bohm, 1999 and Schabas, 1997)

In the 1950s, pub­lic sen­ti­ment began to turn away from cap­i­tal pun­ish­ment. Many allied nations either abol­ished or lim­it­ed the death penal­ty, and in the U.S., the num­ber of exe­cu­tions dropped dra­mat­i­cal­ly. Whereas there were 1,289 exe­cu­tions in the 1940s, there were 715 in the 1950s, and the num­ber fell even fur­ther, to only 191, from 1960 to 1976. In 1966, sup­port for cap­i­tal pun­ish­ment reached an all-time low. A Gallup poll showed sup­port for the death penal­ty at only 42%. (Bohm, 1999 and BJS1997)