Capital punishment
Capital punishment, also known as the death penalty and formerly called judicial homicide,[1][2] is the state-sanctioned practice of killing a person as a punishment for allegedely committing a crime. In more democratic countries, this follows an authorised, rule-governed process how likely it was that the person is responsible for violating norms that a government, judge and/or jury believes warrant said punishment.[3] The sentence ordering that an offender be punished in such a manner is known as a death sentence, and the act of carrying out the sentence is known as an execution. A prisoner who has been sentenced to death and awaits execution is condemned and is commonly referred to as being "on death row". Etymologically, the term capital (lit. 'of the head', derived via the Latin capitalis from caput, "head") refers to execution by beheading,[4] but executions are carried out by many methods, including hanging, shooting, lethal injection, stoning, electrocution, and gassing.
Not to be confused with Corporal punishment.
Crimes that are punishable by death are known as capital crimes, capital offences, or capital felonies, and vary depending on the jurisdiction, but commonly include serious crimes against a person, such as assassination, mass murder, child murder, aggravated rape, terrorism, aircraft hijacking, war crimes, crimes against humanity, and genocide, along with crimes against the state such as attempting to overthrow government, treason, espionage, sedition, and piracy. Also, in some cases, acts of recidivism, aggravated robbery, and kidnapping, in addition to drug trafficking, drug dealing, and drug possession, are capital crimes or enhancements. However, states have also imposed punitive executions, for an expansive range of conduct, for political or religious beliefs and practices, for a status beyond one's control, or without employing any significant due process procedures.[3] Judicial murder is the intentional and premeditated killing of an innocent person by means of capital punishment.[5] For example, the executions following the show trials in the Soviet Union during the Great Purge of 1936–1938 were an instrument of political repression.
As of 2023, of the 38 OECD member countries, only two (the United States and Japan) allow capital punishment.[6] As of 2021, 56 countries retain capital punishment, 111 countries have completely abolished it de jure for all crimes, seven have abolished it for ordinary crimes (while maintaining it for special circumstances such as war crimes), and 24 are abolitionist in practice.[7] Although the majority of nations have abolished capital punishment, over 60% of the world's population live in countries where the death penalty is retained, such as China, India, Singapore, Indonesia, Pakistan, Bangladesh, Nigeria, Egypt, Saudi Arabia, Iran, and Taiwan.[8][9][10][11][12]
Capital punishment is controversial, with many people, organisations, and religious groups holding differing views on whether it is ethically permissible. Amnesty International declares that the death penalty breaches human rights, specifically "the right to life and the right to live free from torture or cruel, inhuman or degrading treatment or punishment."[13] These rights are protected under the Universal Declaration of Human Rights, adopted by the United Nations in 1948.[13] In the European Union (EU), Article 2 of the Charter of Fundamental Rights of the European Union prohibits the use of capital punishment.[14] The Council of Europe, which has 46 member states, has worked to end the death penalty and no execution has taken place its current member states since 1997. The United Nations General Assembly has adopted, throughout the years from 2007 to 2020,[15] eight non-binding resolutions calling for a global moratorium on executions, with a view to eventual abolition.[16]