American civili

Boumaaraf.Mechgoug 1

Mohamed Kheider University of Biskra

Faculty of Letter and Languages

English Division

Submitted by:

Boumaaraf Hanan

Mechgoug Lamia

Course: American civilization

Outline: History of

death penalty in U.S.A.

I.Introduction

II.Aspects of Death Penalty

A.Crimes requiring execusion

B.The methods for execusion

C.Future dangerousness

D.Why is death penalty applied in some states

1.Death Penalty and homocide


III. Abolition of death penalty

IV.Pioneer states to abolish death penalty

V.Reasons behind hiding execusion

I.Introduction

One of the most cotroversial issues in the US history was

Death Penalty . It is defined as a form of punishment in which the

accused is to be executed by his her legal system.Historically,∕

there have been always disagreement between two sides : the pros

who believed it as a vehicle to prevent social disorder and cons

who viewed it as a means of oppression and violence by the

government against the people . Yet the former justified the

practice of death sentence as a kind of ‟ a necessiry evil”

wherease, those who opposed it argued that it realy missed

effectiveness in decreasing criminality. In early settelment where

indentured servitude was pervailing, bussinessmen used death

penalty as a means to keep order and to put pressure on workers to

perform well.

Death penalty has a very long history traced back to colonial

era in which British colonies introduced it to the new world . The


first execusion took place in the colony of virginia in 1608 when

the conselor of the colony , George Kandell, was accused of spying

for spain ( BOHM 1). In place of being hang , he was shot . In

1622 another execusion took place : that of Frank Daniel , then

1624 Cornish, 1626 Hyle Thomas all were executed for theft and

rape. Later, in 1630 another execusion of John Billington occured

in Massachausets colony ( BOHM 4). In fact , throughout history

non-WASP particularly Black America formed a majority in terms of

being accused and thus executed . In addition, it is

worthmentioning that the absolut majority of people execusions

four centuries ago in America were adults and only 3 % were

women . The first woman whose name Jane Champion to be executed

in Virginia colony in 1602. She was executed for murdring her

child and hidding her crime . Execusion was not exclusive to men

and women only , juvaniles also were included in which they formed

2% out of the total number of executed people . The first juvanile

to be executed was in Plymouth colony and his name was Thomas

Graunger in 1642.Lately, in March 1 2005 the supreme court ;

however, declared that juvaniles may not be sentenced to death

penalty in the case of Roper vs Sinons (BOHM 4,5).The quesions to

be raised are: was death penalty applied to all kinds of crimes?


What were the states that practiced death penalty and why it was

not applied in other states? What were the different methods of

execusion ? How death penalty was abolished ? Does it prevent

further criminality? Do the accused desirve to die?

II.Aspects of Death Penalty:

The history of America , starting from the colonial era

through the modern era , displays a kind of evolusion in death

penalty in terms of the identification of crimes requiring

execusion , and its application. Each historical period with its

circumstances determined the parametres for the practice of

execusion for criminals.

A.Crimes requiring execusion:

During the colonial era, death penalty was applied depending

on the crimes stated by each colony. Starting with puritans of

Massachusetts Bay Colony who used their own death penalty in which

they stated the offenses that needed such a punishment .These

crimes are classified in the following

list:idolatry ,witchcraft,blasphemy,murder,manslaughter,poisoning,

bestiality, adultery, man-stealing falsewitness in capital

cases ,conspiracy and rebillion.(Brown 1). It is worthmentioning


that initialy the limits of death penalty were drawn from

puritanical values which in their turn originally derived from

religion as a reliable and first source at that time. And, a large

number of British colonies folowed the stream of Massacjusetts Bay

Colony .Moreover, in terms of the rigidity of rules concerning

capital punishment during the colonial era was less in comparision

to the next one : the revolutionary period (Allen and Clubb

57).However, things would change with the founding of the country

as a result of the independence . Black Americans as victims

contriuted to the history of death penalty in the New world .

They suffered persecusion ,when they reelled against slavery and

wanted freedom by escaping toards free states , they had to face

death , the more their rebellion was violent, the more death

sentence was the outcome .Thay fact could explain the reality that

the percentage of Black Amrericans extended for non lethal

offenses was higher rather than the whites in the period prior to

the civil war (Allen and Clubb 23).In addition to rebellion

against slavery , racial segregation and prejudicial cases was

another factor explanatory to the high number of Blacks executed

in the USA(Allen and Clubb 26).Till nowadays , death sentence

heavily fals on the burden of Black American. Among all distinct


races in the USA the Blacks are highly executed .This is clearly

shown through the diagram.

( sec.1 Death Sentences in 2012).

There were some exceptional cases (excluding killing

children ) where death penalty was irrationaly and arbitrarily

used during the seventeenth century. For example, stealing

vegitables , trading with Indians and rejecting the idea of one

God required execusion ( sec.1 Introduction to death

penalty ).Starting from the civil war , most of the execusions

done by the Union Army following martial law the case of war

were for disertion : out of 267, 147 case of execusion practiced

against diserters . Also, even in military death penalty , all


the solders executed were Black Americans during the first world

war , 35 soldier for murder , rape, mutiny and at a big deal for

diserting by at most shoting immediatley on the ground( Bohm

149).Utill 1996 in Loving vs Virginia , the supreme court

declared the military death penalty procedure ( Bohm 152).

Comparing to nowadays , the American colonies during the colonial

era witnessed a decrease of xecusion due to the need for able-

bodied workers . So, it was better not to lose such workers of

such quality who were scarce ( Bohm 02).

B. The methods for execusion :

The history of death penalty in the USA accounts different

srts of means for executing criminals. Th first metod was used in

America legaly was hanging. However ; in 1890 it was replaced by

the electric chair( Bohm 152). Idabo and Oklahoma were the only

two states to which was left the firing squad as an option

method. Then, wuith the technlogical and Indusrtrial Revolurtion

in the USA , electrocution wa adopted as a method for execution .

It is based on the use of electricity for execuion in a way

criminals were to be driven to the execusin chamer and sit on an

electric chair and use a high electric shock . It was first

applied on five Black murders in East Texas on February 8, 1924 (


Sorensen and Pilgrim 18).Precisely, the pioneer in eing executed

by a method like this was William Kemmler ( Bohm 156). But, this

innovation came to an end with the last execution : that of

Joseph Johnson in 1964 ( Sorensen and Pilgrim ……). Another method

was used too rather than the electric chair was lethal gaz . It

was actually introduced in 1921 and considered as a more human

method of execustion instead of hanging . The first person to die

with such kind of means was Gee Jon . Then, a more easier method

came to the scene of execution was , and still working , lethal

injection .There was a need to change the means of practicing

death penalty from electrocution to a more human method which

would be lethal injection. This is clear in the following

statement by Ronald Reagon , Governer of Californian : being a

horse farmer and a horse raiser , I know what it’s like to try to

eliminate an injured horse by shootng him. Now you call the

veterinian and the vet gives it a shot ( injection) and the horse

goes to sleep – that is it .I myself have wondered if may be this

isn’t part of our problem [ with capital punishment], and may be

we should review and see if there aren’t more human methods now –

the simple shot or tranquilizer .(qtd.in Sorenson and Pilgrim

18).Iwas senate sponser Bill Braecklein who proposed the bill to


adopt such a new human method for execution .The lethal injection

was appreciated by many s i twas human rather than the previous

methods and it appealed to a civilized country like the USA . It

was considered an easy way to deth but rather a sleep as

described by Estelle ,Jr, Director of Texas Department of

Correction ( qtd.in Sorensen and Pilgrim 27).According to its

supporter , its humanness made them took its side. However, i

twas civilized by others that it makes no difference if the

murderers used different kinds of drugs and injetions as they

were alcoholic. So, they wouldn’t have any objection to try

another new kind of injectuion which would be the last ( Somensen

and Pilgrim 28). Yet, the bill s signed on May 12, 1977. The

first criminal to be executed by lethal injection was Charls

Brooks on December 7, 1982.

C. Future dandgerousness :

The decision of sentencing for execusion or imprisonment for

life is highly measured by the jurors with the prerogative of

future dangerousness .So, what is meant by this latter ?

Based on their expectency with the help of other specialized

persons , the jurors decide about whether the accused in front of


them will bring troubles in the future and perform badly in

prison. On the fear that he will be an active murder even inside

the prison and thus form a threat , the jurors sentence for death

to the criminal instead of life imprisonment .This decision is

depended on three sort of prediction : clinical, anamestic and

actuarial. First, the clinical is a subjective and initiative

prediction that is based on the diagnoses of psychologist and

psychiatrists aout to what extent the structure of the dependent

‘s character is healthy , Second, the anammestic which depends on

the past of individual’s conduct .Third,the acturial assessment

which is to predict the risk of the criminal on prisoners and

based on the knowledge and test of the social scientist . This

latter has to presume the futur dangerousness of the given

defendant by relying on the behaviour of similar offender

groups . This is done actually for one purpose : to pevent

violence , murder inside prisions( Sorensen and Pilgrim 82,84).

E. Why death penalty is applied in some states ?

It is obviouse that the reason lies in the fact that death

penlty and homicide are interrelated . That is, states which

practice death penalty have rate of homicide higher than national

average so, it is homicide that made capital punishment necessary


to be applied in such states Wherease, in states where death

penalty is not applied ; the homicide rate is below rthe national

averge .So, there is no need to practice death penalty in cases

like this ( par.2 Boomer and Fessenden).

1.Death Penalty and homicide :

Homicide which is wide spread inside urban ,large and

overpopulated cities ( Sorensen and Pilgrim 53).Among the states

of the united states , Texas is ranked at first in term of

practicing death penalty in the period 1973-2003. In 1973, a

number of 925 sentenced to death while on December 31 ,2002(450)

were executed . However,the number is in decline throughout this

era.( Sorensen and Pilgrim 33).The rate of homicide in Texas is

the highest all over the country during the period from 1960 and

through 2000 as the following diagram shows :


So, why exactely in Texas occurs in such number of excecusions ?

Is it only a matter of the heavy rate of criminality ?scholars

have put to the grounds o many reasons and factors to explain

this specific phenomenon . First, it is said that as expected

from such a large and over populated urban state to produce so

many criminals and murderers and thus be executed at the end A

second cause for that is the juries expecting things to worsten

if not practicng death penalty under the fear of futur

dangerousness . The third cause is more credible that Texas has

executed mot of it’s cases of death penalty unlike the other

states .In other words, capital punishment legislation is

terribly rigid in this state particularly rather than .

III. Abolition of Death Penalty :

The use of death penalty has not been appreciated by all of

the people in the USA at each historical period. Those who sided

against this kind of sever and serious punishment were called the

Aolishionists who were in antagonism with the Retentionists ,

those were in favour of keeping death penalty.


The starting point of rebellion agaist death penalty was

with the Quakers They took part in the abolition of death

sentense ; despite the fact that they were small in number , they

were influencial with their presence in the state of

Pennsylvania. This latter became considered as the birthplace for

the abolition of death penalty. One of the famouse abolitionists

was Banjamin Rush , a phisician in philadelphia . Also, John

Madison and Thomas Jefferson who refused death penalty and state

dit should be applied only for the case of murder.Between 1794-

1798 Virginia and Kentuky followed the line of Pennsylvania in

abolition of capital punishment except for murder of first degree

. Other states joined including New Jersey and New York . It is

worth saying that the process of abolition was gradual but not

imediate ( Bohm 7).

The motive for such an abolitionist movement was driven from

the awarness of abolitionists tht they no ùore needed death

penalty as prisons were built in order to do the task instead of

death penalty .On the other side there were retentionists who

refused the idea that prisons could be alternative to death

penalty s a means of punishment . It was because they believed

that prison wasn’t enough for punishing certai crimes (Bohm 7).


However, for Texans , the motives differ from being against the

unequality of implimenting death penalty and the seriousness of

enacting its laws and rules. Because of unjustice in the

application of death penalty due to rcial prejudice against the

Blacks, there was a violent movement to raise the awareness and

the attention of the authorities about the errors of the justice

system ruling in favour of specific category rather than the

majority. This lead the supreme count to decide , in Furman vs

Georgia (1972), Capital punishment crual and unconstitutional .

In the Furman case ; three Blacks were executed for murder and

rape ( Sorensen and Pilgrim 123). As a result of Furman

decision , over 600 criminals sentenced to death were released

and 4 cases of death sentense became life imprisoned instead in

Texas.

IV.Pioneer states to anbolish death penalty :

Michigan took the initiative role to end up death penalty in

1846 and replace it by imprisonment . But, it was not for

allcrimes like treason ( it was included rather and required

death penalty). Historically, this state had applied only 11

execusions.


Rhods Island was considered as the first state to abolish

death penalty for all crimes with no exception 1852.

Then, Iowa in 1872 and Main 1876. Colorado in 1897( Bohm

12).

Politically speaking , there had been a controversy among

members of the House of Representatives over whether capital

punishment prevents from commiting murder in the futur. Some

supporters believed that it was workeable and one of them made an

important analogy between death penalty as a warning to the other

so as to avoid murder crime and the lighthouse a guide to ships

to avoid ship-wrecks ( Sorensen and Pilgrim 37). While the

opponents based on statistical proofs assumed that death penalty

did no much to prevent the occurence of further murder crimes. It

has been proved that the rate of homicide in retentionists states

is however higher than in abolitionist states . As a matter of

example , in North Dakota, an abolitionist jurisdiction , the

rate of homicide is 1,1 per 100,000 while in Lousiana , a

retentionist jurisdiction , the rate is 11,5 per 100,000 during

the period between 1999 and 2001. This is an example from so many

cases appearing in the below diagram.


Moreover, this group had the jurisdiction that death penalty

could be unfair for the innocent accused whose innocence may

appear in time where he is already dead (executed). Then, no

legislation would bring him back to life . There were many of

such a case like Gary Gilmore.

V.Reasons behind hiding execusion : from public to hidden.

At first in the 1800s, people used to be executed in public

in which members of social class used to attend execution among

the public who were also convinced to do so by abolitionists who

succeeded to alter their view toward death penalty. However,

later such classses prefered to be far from scenes like this as

it became much crual , tasteless and shocking for them. In

addition to this , people who attended public execution used to

show sympathy to the person to be executed and in most cases

turning in a prisoner to a hero on a gallow instead. Also, after

each execution violent events caused by public who attended it

used to occur .

All the aove mentioned points and others prompted states to

change execution from public to hidden . So, the first state to

do so was Connecticet in 1830.The second was Pennsylvania four


years later. Then, in 1836 joined other states : New York , New

Jersey , Massachussetts , Rhods Island and New Hampshire.Most of

these states and others applied their execution inside jail

rather than open to everyone . The last case of public execution

was in 1937 in Galina, Missouri (Bohm 9).

Finally, it is worth mentioning that the most offensive case

of unjustice from the part of the government of the USA ever

occured was the execution of Native Americans. For no cause

except they were the early inhabitants and thus occupying large

territories which were the motive of Americans to Exterminate not

only executed them. Most of the Natives were executed in the

developing areas like New York , Ohio , Michigan during the time

of the early Republic (1786-1865) ( Allen and Clubb 65).


Conclusion

Death penalty represents one of the most important points

in the history of humanity in general and the human experience

in the New World in particular. Execution was linked to the

harmness and seriousness of the offense as well as to racial and

gender prejudice. Some injustices rose the public’s anger which

required correction in the justice system by the intervension

and decision from the part of the suprem court . Nowadays,

mostly death penalty was reduced in many states of the USAstill,

the united states of America takes the fifth rank among


countries practicing death penalty after China , Iran, Irak ,

Saudi Arabia in order.


Works cited

Bohm ,Robert. Death Quest III.Anderson publishing a member of the

Lexis Nexis Group, 2007.

.....‟Introduction to Death Penalty”.Death Penalty Information

Center , 20 March 2014.

http://www.deathpenaltyinfo.org/part-i-history-death-

penalty

Howard,Allen,Jerom M.Clubb.Race,Class and THE Death Penalty.

Published by State University of New York Press, Albany, 2008.

Sorensen,Jon, Rochy Leann Pilgrim . Lethal Injection. University

of Texas Press Austin, 2006.

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