UNIVERSITATEA BABES – BOLYAYFACULTATEA DE DREPT

Death Sentence Worldwide

Coordinating teacher:Prof. Mircea Naidin

Student: Pascu AndradaGroup 211

- 2012 -

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Contents

Introduction.........................................................................................2

Chapter 1.............................................................................................3

History...............................................................................................3

Chapter 2.............................................................................................5

Africa.................................................................................................5

America.............................................................................................6

Asia-Pacific........................................................................................6

Chapter 3.............................................................................................7

Capital punishment in Romania........................................................7

Conclusion............................................................................................9

Bibliography.......................................................................................10

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IntroductionThe death penalty was a controversial subject since the beginning of times. Starting

with the Hammurabi Code and ending with European amendments, Constitutions of

Countries, people always had an opinion regarding it.

Even though we live in a developed world, there are some countries which still use

the kind of punishment, because they consider that is proper. In contradiction to this, a

large number of countries abolished the death sentence because they think that it is against

religion to take a person’s life, because it is a cruel treatment, because human rights are

against it etc.

I believe that there a number of arguments to take into consideration when you say

that you are pro death penalty or against it. I will start by trying to take look at the history

of this punishment, then I will continue by presenting countries from different parts of the

globe, countries which may still used the it and why, or countries which may have abolished

it. In the end I will stop by presenting Romania’s point of view regarding the death sentence.

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Chapter 1

HistoryDeath penalty was used in the early times. It appeared for the first time in the Code

of King Hammurabi of Babylon, which codified the death penalty for 25 different crimes in

the 18th century B.C. Then it was used even for ordinary crimes such as: theft. The accused

were beaten to death, drowned or burn alive.

Since then the death sentence was used worldwide: America, Europe, and Asia. Laws

regarding the death penalty varied from colony to colony.

As the years passed people started to ask themselves if the death sentence is a right

treatment for those who commit all kinds of crimes. Famous people such as: Montesquieu,

Voltaire and Bentham, and English Quakers John Bellers and John Howard did not support

the death penalty; they considered it too bitter and unfair. For example Thomas Jefferson

was the first one who attempted to reform the death penalty by introducing a bill to revise

Virginia’ death penalty laws1. Dr. Benjamin Rush, a signer of the Declaration of

Independence and founder of the Pennsylvania Prison Society, challenged the belief that the

death penalty served as a deterrent2.

During the 19th century many states started to reduce the death penalty and build

prisons for those who commit crimes.3

Until the 19th century the most used method of execution was hanging but after the

civil war a new method was introduced: the electric chair4.

During the 20th century people were more and more against the death penalty, in

consequence a significant number of states abolished the death penalty or used just for

1 The bill proposed that capital punishment be used only for the crimes of murder and treason. It was defeated

by only one vote.

2 1794, Pennsylvania repealed the death penalty for all offenses except first degree murder.3 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.4 In 1890 it was executed Wiliam Kemmler using this method.

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serious crimes such as: murderer or crimes of treason. A new method was introduced in

1924: the cyanide gas5.

Today the death penalty is abolished; however there are a couple of countries who

still use it.

5 Gee Jon was the first person executed by lethal gas.

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Chapter 2

Africa.In Africa most of the countries have abolished the death sentence but there are few

countries that still use it.

Lybia is Africa’s executioner leader. Lybia executed more people than any other

African country. Current laws allow capital punishment for high treason; attempt to forcibly

change the form of government; premeditated murder.6

Another country which uses the capital punishment is Morocco. Theoretically capital

punishment is still not abolished in Morocco, there has been only one execution in the last

25 years, and it happened in 1993. 198 people were sentenced to death between 1956 and

1993. In Morocco it has been trying for a long period of time to abolish capital punishment,

but the right-wing tried hard not to abolish it. However it has been trying to use it rare and

only when it is absolutely needed: terrorism.

Egypt is another part of Africa which didn’t abolish the death sentence. Death

sentence in Egypt can be traced back to the ancient Egyptian civilization, where the death

penalty was carried out against those who broke the Ma'at, a law which forbade crimes

such as murder, theft, sacrilege, attempts on the life of the Pharaoh, and spying. Ma'at

represented truth, order, balance and justice in the universe. This concept allowed that

everyone, with the exception of slaves, should be viewed as equals under the law,

regardless of wealth or social position. However, when punishment was carried out, often

the entire family of the guilty suffered as well. Methods of execution included beheading,

sacrifice, and drowning in the Nile in a closed sack.

Nowadays in Egypt there are two methods of execution: hanging7 and firing squad8.

To the convicted to death sentence: rape somebody, murder, treason or terrorism.

6 More than 18 people than any African country.7 which is used on civilian criminals8 Specifically used for soldiers and military personnel who commit capital crimes.

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AmericaIn America, I believe that death penalty is the most controversial subject from all

over the globe.

In the United states there are a large number of

states which still allow death penalty9: Texas,Virginia,

Oklahoma, Florida, Alabama, Giorgia, Ohio etc.

People are only convicted to the death penalty

just for murder, conspiracy to commit murder,

espionage, treason, homicide-related crimes. There are

used four methods: electrocution, shooting, lethal gas

and hanging.

There have been made many Conventions with some of the states of USA to abolish

the death sentence. Today, 16 states do not longer use the death penalty and have found

some other ways to punish those who commit offences.

Asia-Pacific.China is one of the many countries which use the death sentence. China caries out

far more executions than all of the rest of the world combined, and is notable as the only

country in the world that regularly executes thousands of people every year.10

There 55 offences that lead people to the” execution rope”, for example are

punishable: drug dealer, corruption, theft crimes against national symbols and treasures,

fraud, aggravated murder, rape.

9 Michigan (1846), Wisconsin (1853), Maine (1887), Minnesota (1911), Hawaii (1948), Alaska (1957), Vermont (1964), Iowa (1965).10 By the confirmed numbers, the rate of executions in China is higher than the United States and Pakistan. It is estimated that China executes between 5,000 and 6,000 people.

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Chapter 3

Capital punishment in Romania

In Romania has been used since the medieval times. Even the Latins used this kind

of punishment. A well-known leader who was a fan of this method was Vlad Tepes. He used

to execute people by torturing; impalement was Vlad’s favourite method of killing those

who committed an offence. Along with Vlad Tepes many other rulers have used the death

penalty for various crimes.

In 1864 a Penal Code was written and that did not provide for the death penalty

except for several wartime offences. The 1866 Constitution, inspired by the liberal Belgian

model of 1831, confirmed the abolition of capital punishment for peacetime crimes.

Abolition with respect to peacetime crimes was reaffirmed by article 16 of the 1923

Constitution. However, the rising crime rate had produced a shift in favor of capital

punishment. In 1924 a special statute (the Mârzescu Law) allowed communist agitators to

be executed. The new Criminal Code of 193611 incorporated some sections of the Law

despite the drafters' opposition to capital punishment. The 1938 Constitution, which

established a royal dictatorship, expanded the scope of capital crimes by authorizing the

death penalty for offences against the royal family, against high-ranking public figures, for

politically-motivated murders, and for killings caused during burglaries.

During World War II, under the dictatorship of Ion Antonescu, criminal laws became

even more repressive. Burglary, theft of weapons, arson, smuggling, and several other

crimes were made capital; the Iron Guard was targeted after its violent suppression, with

the Jilava executioners and participants in the Legionnaires' rebellion figuring among those

executed by firing squad. Also during the period, capital punishment was used as a tool of

11 The amended 1936 Code provided for the death penalty for some crimes against the state, peace and humanity, for aggravated murder and for burglary resulting in death;

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political repression against some Romanian Communist Party members and anti-German

resistance fighters.

After the world war II Romania entered into a communist zone. After Antonescu has

been killed Gheorghe-Gheorghiu Dej became Romania’s new leader. 137 people were

convicted death because they sustained human rights an were against communism

In 1969 a new Penal Code was elaborated and it included 28 crimes for which a

person could be sentenced to death including economic and property crimes. During

Nicolae Ceausescu 103 people were executed by firing squads. The last executions were in

1989- those of Nicolae Ceausescu and Elena Ceausescu.

On 27 February 1991, Romania ratified the Second Optional Protocol to the

International Covenant (Law nr. 7/1991). The new Constitution ratified that December,

explicitly prohibits the death penalty. The Constitution provides that no amendment is

allowed if it were to result in the suppression of fundamental rights and freedoms, which

has been interpreted to mean that the death penalty may not be reinstated as long as the

present Constitution is in force. Romania is also subject to the European Convention on

Human Rights (since May 1994) and the Charter of Fundamental Rights of the European

Union (since January 2007), both abolitionist documents.

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Conclusion

After reading about capital punishment around the globe I realize that it is a cruel

and inhumane method. Even though criminals deserve the worst king of punishment, the

death rope it may sometimes be too harsh. There are cases when a person is locked behind

bars due to a mistake and if the judge has convicted him even though he was innocent there

is still a way to repair the mistake, but if you convict someone and you give him the death

sentence and in reality he was innocent there is no way to bring him back and repair the

mistake.

I believe that a better sentence that the death penalty is a life-time spent behind

bars, having no mean of getting out, having to suffer every day because of what you did,

your actions being reminded every moment of your life and having no possible way of

turning back time and not kill someone or not rape someone.

Another reason which determined me not to approve the death sentence is religion,

I believe that only God gave us live and only He can take it. Humans are not capable of

deciding who should live and who should die.

Furthermore, in the last centuries the European Union has focused on Human Rights

and it has been against inhumane and degrading treatments. It believes that everybody,

even a criminal has his rights to be treated decently and with respect.

All in all, I believe that abolishing the death sentence would be a good thing for

people and for their countries, there are studies which show that in countries where the

death sentence operates the rate of criminality is not lower than in other countries where

the death sentence is not used. A human being should have a right to defend himself, a right

to a fair trial a most importantly a right to live.

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Bibliography

Treptow, Kurt W. Dracula: Essays on the Life and Times of Vlad Tepes, p.117.

Columbia University Press (1991), ISBN 0-88033-220-4.

Giurescu, Constantin C. Istoria Bucureştilor. Din cele mai vechi timpuri pînă în zilele

noastre, p.107. Editura Pentru Literatură, Bucharest, 1966. OCLC 1279610.

Florescu, Radu R. & McNally, Raymond T. (1989). Dracula, prince of many faces: his

life and his times. Little, Brown and Company. ISBN 0-316-28655-9.

"Vlad III". Encyclopædia Britannica Online. 2010. Retrieved 26 May 2010.

www.wikipedipia.com

"History of the Death Penalty in America". Antideathpenalty.org. Retrieved 2011-12-01.