Running head: VETERANS



Running head: CAPITAL PUNISHMENT

A Brief History of Capital Punishment in America

Paul Tarabochia

Western Washington University

Capital punishment is a very controversial topic in our country. For years our country has excercised this act, as we were influenced by the early Europeans. Throughout its history, there have been many leaders, both for and against who have fought for their cause, influencing many legislation that has been passed or revoked. Social attitudes towards capital punishment have swayed in every direction imaginable during its history. I will be discussing the history of capital punishment in our country, along with certain advocates who may be for or against it, and any shifts in American’s view of the death penalty.

Capital punishment dates back all the way to the colonial times in America. Europeans brought over this custom to the new world, along with laws about which crimes were punishable by death. In the early 1600’s, the Divine, Moral, and Martial laws were created which would punish those by death for small and petty crimes (Dieter, 2008). Other states had different laws as well. One could be executed for hitting or striking their mother or father, even for not believing in God. In the Declaration of Human Rights, Article 18 says, “everyone has the right to freedom of thought, conscience and religion”. I cannot think of anyone I know in America who would not agree with the above quote. Thinking back on all the people who were robbed of their beliefs and murdered because of it can be depressing, even though it was more than 200 years ago. I can only be thankful that today in America, we have adopted a more open outlook on life and people’s views. This new and better attitude has shifted over the years due to various abolitionists and legislation that has been passed along the way.

The abolitionists’ movement began and was most heard through the writings of several leaders. Cesare Beccaria wrote an essay called On Crimes and Punishment that really influenced people around the world (Dieter, 2008). This essay gave abolitionists that first, initial push to get their movement up and running. It was heard around the world and even led to the abolishment of capital punishment in other countries.

Beccaria’s work had its first affect on America in 1794. He influenced Dr. Benjamin Rush, who later gained support from Benjamin Franklin and General William Bradford. These leaders eventually helped change the law of capital punishment in the state of Pennsylvania so that only by first degree murder is one subjugated to the death penalty (Dieter, 2008). Granted that the state was still executing people, I still see this as an important piece of legislation. In the beginning, you could be killed for not believing in God, killing chickens, and other petty crimes. With the change of law in 1794; you are now only open to the death penalty if you commit first degree murder. Of coarse this only started out in Pennsylvania, but we begin to see similar law changes sprout up through out the country as time goes on.

In the early 1900’s, 9 different states either completely abolished the death penalty, or limited the crimes to which it is associated with (Dieter, 2008). Similar to Pennsylvania back in 1794, but it still took 100 years to catch on. Although this may seem as good news, there were exceptions if the criminal was of color. If a black man committed a crime of treason in a state that abolished the death penalty unless the person committed murder, then most likely this black man would still be executed (Dieter, 2008). This troubles me the most, and only if the Universal Declaration of Human Rights had been around longer, these racists acts would not have occurred. Article 7 states that “all are equal before the law and are entitled without any discrimination to equal protection of the law.” People of color were not the only ones deprived of this right. Many poor men w ho could not afford court fees were robbed of their rights as well.

Sister Helen Prejean informs us in her novel, Dead Man Walking, that 99% of people on death row are poor (Prejean, 1993). This contradicts article 7 as well. The lower class was not represented in the court system, and because of it, the population of those who receive capital punishment, are generally poor. Not only does this give the poor a bad image, but it degrades America and the legal system which it practices.

Another social attitude shift came in the time of the civil war. People forgot about the death penalty because the focus for most Americans was the abolition of slavery. This dimmed opposition to the death penalty, and advocates fell under the radar. When the civil war ended, the electric chair was introduced. This became the most popular way for death row inmates to be executed, and is arguably the most gruesome and inhumane. The electric chair was used most frequently up to and through the 1970’s. Other methods of execution were introduced in-between time. However, the electric chair is something that can still be used today, although most prisoners have the choice of choosing lethal injection instead. Still, it can be an option which I find most disturbing. Sister Helen Prejean describes her eye witness account of a friend being electrocuted and its gruesome details (Prejean, 1993).

Other methods of execution have sprung up during the history of capital punishment. As stated earlier, the electric chair is arguably the most popular among correctional facilities. New methods were introduced along the way however so that prisoners did not go through cruel and unusual punishment. Methods such as cyanide gas which was introduced in 1924 became popularly known as “the gas chamber”. Lethal injection was first introduced in 1977 by the state of Oklahoma. These methods were seen as a more humane way of executing inmates. Prejean would beg to differ, as she sees nothing humane about taking the life of another human being, no matter what crime he or she has committed (Prejean, 1993).

A shift in attitudes about the death penalty occurred in the 1920’s to the 1940’s. Due to the writings of prominent leaders who were for the death penalty, America saw that capital punishment was a necessary social measure (Dieter, 2008). They saw it as a method to reduce crime and to keep the number of prisoners down. In this time period, abolitionists and their movement lost the most support for their cause. Also, America was going through world wars, prohibition and the great depression during this time period, which helped contributed to the most executions in American history (Dieter, 2008).

After the session of high capital punishment support, America then witnessed the opposite of the spectrum. In the 1950’s through the 70’s, executions in the United States dropped dramatically. There were over 1,000 executions in the 40’s, and that number dropped to only 191 total executions from 1960 to 1976. Along with the low number of executions, support for the death penalty was at an all time low (Dieter, 2008). This change in America’s view gave hope to the abolishment of the death penalty for many life-long advocates.

After this all time low in support of the death penalty, the switch once again occurred. Through out the 70’s, and though the 90’s, support for the death penalty steadily increased up to 80% (Dieter, 2008). It stayed in that range up until 2003 when most Americans agreed that they would rather have a life sentence with no parole versus the death penalty on an individual. It was about this time that most people began to question if the death penalty really deters crime (Dieter, 2008). Some began questioning this, and one of those who did was Sister Helen Prejean. In her novel, she discusses the fact that about 80 to 90% of crimes are crimes of passion. Meaning, it was not a planned murder, and the victim and assailant are family, friends or acquaintances (Prejean, 1993). This is one of Prejean’s main arguments, and I can’t help but agree with her. She also asks the opinion of death row inmates who she serves as spiritual advisors for, and they all agree that the death penalty did not scare them out of being a criminal. This is what most Americans are starting to see in the present day. They are beginning to question the fact that when we execute a person for murder, we are performing the same act on them as they did to another person. Many people do not understand why others cannot see the blatant irony.

Sister Helen Prejean states that by no means does she feel people should not be punished for their heinous crimes. She just does not see death as the answer (Prejean, 1993). Today, she is seen as one of the more prominent leaders in the fight against the death penalty. Her novels have helped show the truth on the American system of capital punishment. Most notably, in Dead Man Walking, she points out the horrors of the prison system in Louisiana. How awful the prison system is and how racism and discrimination still exist in deciding who lives and who dies.

Today, the prison system is much better. Prisoners are treated fairly but are still serving their sentence. It is also a lot harder to be placed on death row now as well. In the past, it was easier to be placed on death row if you were poor or a minority. Nowadays, the decisions are more concise and fair. Helen Prejean has lead many protests, and is seen and one of the finer abolitionists in America today. She has promoted an enormous amount of change in the prison system, and has helped the cause of abolishing capital punishment become much closer to its goal.

Now that I have gone over some of the history, prominent leaders, and shifts in attitude that go along with capital punishment, I would like to relate the world of human services to this subject. I am a firm believer that those on death row need to be helped. In no way, shape or form, do I feel that they not be punished, because they should be. But no one deserves death as a punishment. With death, there is no going back. As a human service professional, I feel that the death penalty is wrong and it must be changed.

Thinking about the history of capital punishment, it appears to be cyclical. In the sense that support for it went around in a circle. The changing viewpoints went back and forth. This is somewhat scary for me, as currently I feel the support for it is going down, but looking at its history, this could easily switch at any time. Mandell and Schram (2006) point out that even though the next cycle may look familiar, it will not come out exactly the same. Applying this to myself and the fight against the death penalty, we will never really know what the future holds for capital punishment. It may end tomorrow or may never end at all. But having optimism and hope, and the power to want to change a system, almost anything can be done.

The ethical standards of human service professionals states that “human service professionals are aware of local, state, and federal laws. They advocate for change in regulations and statutes when such legislation conflicts with ethical guidelines”. This is something that we should all take to heart. If we disagree with something, and want something to change, not only do we need to talk about it but we need to actually get up and do something about it. This is what leaders like Helen Prejean preached, and what human service professionals should preach as well.

I would like to mention more important legislation close to today’s day and age. Very recently (within the last 3 years) a law was passed that abolished the death penalty for those who committed their crimes under the age of 18 (Dieter, 2008). This can be seen as improvement, but what could be better than having it abolished for everyone, not just those protected by their young age. It may seem hard to imagine, but not to me. Maybe it is because I have not had a direct experience with the death penalty in any way at all. That is where those who support capital punishment come into play. There are many mothers and father out there, who support the death penalty so that they may have peace in seeing their child’s murderer executed. Those people argue that no one knows what its like to have a loved one lost to another human, and the anger and suffering that comes along with it.

Sister Helen Prejean served as spiritual advisors to several men on death row in the 80’s. But she also spent time with those who wanted those same men dead. I could not imagine doing this. The amount of courage and strength a person must have is incredible. To be for a cause so much, and then to only speak and be friendly with people who have lost someone they loved and are therefore on the complete opposite end of what you believe. But, Sister Helen Prejean did this, and this is what makes her such an influential leader. These traits are similar to other prominent leaders, such as Martin Luther King Jr., who even received negative feedback from other races; yet he would still love them and forgive them.

Overall, the issue of capital punishment and its difficulty has been compared to that of abortion. Both are such controversial topics, with so many different underlying factors that the right answers may never surface. There are so many different levels and so many different angles one can approach as to why it is right or wrong. You have morals, values, attitudes, laws and experiences that may affect what you feel is right. Someone could be a life long advocate for abolishing the death penalty. But at the same time, if this person were to lose someone they love very much, they could easily change and all of a sudden be in support of the death penalty. It can occur the other way as well. You could be for the death penalty, only then to change to the opposite side. I am a prime example, as I was once in support of capital punishment, and can clearly say that I am no longer. So which is the correct side? We may never know. A way for someone to find out though is to carefully examine its past, such as pieces of legislation and whatever the attitude of the American public may be. \

Capital punishment is a very important issue to discuss in our country. It affects many people’s lives on very different levels. Without its discussion, there is no action. Without any action, there can never be change.

References

Dieter, R. (2008). The Death Penalty Information Center. Retrieved on March 1, 2008, from



Mandell, B., & Schram, B. (2006). An introduction to Human Services. Boston, MA: Pearson

Education, Inc.

Prejean, H. (1993). Dead Man Walking. New York: Random House.

National Organization for Human Services. (2008). Ethical Standards of Human Service

Professionals. Retrieved March 3, 2008, from

Universal Declaration of Human Rights.

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