capital punishment was practiced throughout Western
Europe. The modern movement for the abolition of
capital punishment began in the 18th century with the
writings of MONTESQUIEU and VOLTAIRE, as well as
Cesare BECCARIA’s Essay on Crimes and Punishments.In
the United Kingdom, Jeremy BENTHAMwas influential
in having the number of capital crimes reduced in the
18th and 19th centuries. Some of the first countries to
abolish capital punishment included Venezuela
(1863), San Marino (1865), and Costa Rica (1877). As
of early 1999, 65 countries had abolished the death
penalty, including all of the members of the European
Union. In some other countries, capital punishment
was retained only in the cases of treason and war
crimes. In fewer instances, death remained a penalty
under the LAW, though, in practice, executions were
not carried out.
Of those countries that did utilize the death
penalty as part and parcel of their legal system, most
can be found in the Caribbean, Africa, and Asia. The
United States and China are believed to impose capi-
tal punishment most frequently. In the United States,
since the 1970s, almost all capital sentences were
imposed for homicide. It is important to note that
sentencing by federal courts in the United States are
the exception. In criminal cases, states and localities
almost always retain jurisdiction and legal AUTHORITY
to execute convicted criminals. Today, 38 states and
the federal government have reinstituted the death
penalty.
There has been intense debate regarding the consti-
tutionality, effect, and humanity of capital punishment:
Critics charge that executions are carried out inconsis-
tently, or, more broadly, that they violate the “cruel and
unusual punishment” provision of the Eighth Amend-
ment of the U.S. CONSTITUTION. Supporters of the death
penalty counter that this clause was not intended to
prohibit executions.
In the 1972 case of Furman v. Georgia,the U.S.
Supreme Court ruled that capital punishment as then
practiced was unconstitutional because it was applied
disproportionately to certain classes of defendants,
notably those who were black or poor. This ruling
voided the federal and STAT Edeath penalty laws then in
effect but left the way open for CONGRESSor state legis-
latures to enact new capital punishment laws, a
process that began almost immediately. In Gr egg v.
Georgia(1976), the court allowed capital punishment
to resume in certain states. A separate penalty phase of
the trial, during which the jury reviews mitigating cir-
cumstances and weighs the need for capital punish-
ment, is now required for some capital cases.
In 1982, Texas became the first state to execute a
prisoner using lethal injection; some 75 percent of
executions now employ this method. The gas chamber,
hanging, the firing squad, and, most commonly, the
electric chair are still used in some states. Florida’s
electrocutions, however, have been heavily criticized
following several grisly malfunctions. Texas easily
leads all other states in the number of executions car-
ried out. In recent years, the Supreme Court has made
it more difficult for death-row prisoners to file appeals;
at the same time, studies continue to show striking
disparities in the imposition of capital punishment.Further Reading
Bedau, Hugo Adam. The Death Penalty in America: Current Con-
troversies.New York: Oxford University Press, 1982.capitalism/capitalist
An economic system characterized by private owner-
ship of PROPERTY, wage labor, investment, competition,
and free markets. Both advocates of capitalism (e.g.,
Adam SMITH, John LOCKE) and critics of a capitalist
economy (e.g., Karl MARX) agree that capitalism is a
unique economic system, distinct from both agrarian
FEUDALISM in the MIDDLE AGES in Europe and 20th-capitalism/capitalist 49Death chamber and electric chair at Sing Sing prison, 1965.
(LIBRARY OFCONGRESS)