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Death Penalty Resource Guide

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Background

The death penalty, also known as capital punishment, involves the execution of a person following a crime for which he or she has been found guilty in his or her legal system. The history of the death penalty dates as far back as the Ancient Laws of China, but the first death sentence was historically recorded in 16th Century BC Egypt where a member of nobility accused of magic was ordered to take his own life. Over the years, the death penalty has taken numerous forms in different systems, including crucifixion, beheadings, drowning at sea, hangings, beatings, burial alive and impalement. Crimes meriting the death penalty have included cutting or grazing crops planted by a farmer, publication of insulting songs, perjury, making disturbances at night, willful murder of a freeman, or theft by a slave.

Methods of Execution

In the United States, the modern-day death penalty is accomplished using a short list of methods that include hanging, lethal injection, electrocution, firing squad and gas chamber. Until the 1890s, hanging was seen as the primary method of execution in the U.S. The execution took place by having a trap-door open that forced the prisoner to fall through. By the late 19th century, some lawmakers sought a more humane method for execution, resulting in the first electric chair in 1888 in New York. Other states soon followed suit. The method involved strapping a shaved and blindfolded person to a chair with a metal skullcap then having them jolted with between 500 and 2,000 volts for about 30 seconds. By the late 1920s, the use of cyanide gas in a chamber was introduced in Nevada as a way to execute inmates. Today, five states authorize the gas chamber as a method of execution. Firing squad is also a method of execution that is still authorized today. With this method, the prisoner is strapped to a chair, hooded and shot in the chest. In 1977, Oklahoma was the first state to adopt lethal injection as a means of execution. It would be five years, however, the first person would die via this method. Currently lethal injection is the most widely accepted form of execution.

The Cost of the Death Penalty

The cost of the death penalty, from the time a person is tried for a crime to his or her death is quite expensive. At the federal level, the average cost of defending a trial in a death case is approximately $620,932, which is said to be about eight times that of a federal murder case in which the death penalty isn’t sought. Some have estimated that the higher the cost of legal fees, the less likely he or she is to actually receive the death penalty. Those defendants with less than $320,000 in representation costs have a 44% chance of receiving the death sentence, as opposed to a 19% chance for those with more than $320,000 in representation costs.

Criticism and Support of the Death Penalty

The question of whether or not the death penalty should remain has been hotly debated for decades. After many states questioned its constitutionality and even abolished its use, some reinstated it after being upheld as constitutional by the U.S. Supreme Court in 1976. However, some states have pulled back on the death penalty. Since 2007, it has been abolished in five states — Connecticut, Illinois, New Jersey, New Mexico and New York. And according to a study conducted by Gallup, public support of capital punishment was at just 61%, the lowest level in 39 years. In 2011, 13 states were said to have executed inmates, while in 2012 only nine states executed inmates, showing a decrease in reliance on this form of punishment. However, many philosophers argue that certain crimes should automatically result in that person losing his or her “right to life.” Some argue the death penalty will also deter others from committing similar crimes.

Famous Cases, Statistics and Further Reading


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