The Death Penalty
Posted: Friday, May 23, 2008
by Terence Terfa VEMBE Esq
Terfa Vembe & Co (Anakerem Chambers)
Death penalty is the taking of life of an offender as ordered by a competent court of Law or tribunal, after all due process of Law has been observed, as punishment for specific crime. (Dinakin, Y. and Amadi, G. (2004)) It is a situation where life is taken lawfully and does not include situations where jungle justice or mob action is evoked by the citizen's killing of another. The death penalty has been practiced all over the world for centuries but following strong agitations from abolitionists a total of 122 (one hundred and twenty-two) countries across the world have abolished the death penalty in law or practice. 74 (Seventy-four) countries including Nigeria retain and use the death penalty, but the number of countries which actually execute prisoners in any one-year is much smaller.
It appears that the death penalty has been prescribed and carried out from time immemorial. Reggio (2006) tracing the history of death penalty said that: the death penalty has been established as a punishment for crimes, as far back as the ancient laws of China.
The first established death penalty law dates as far back as the 18th century BC in the Code of King Hammurabi of Babylon that codified the death penalty for twenty-five different crimes (Bamgbose, A. O.) although murder was not one of them (Regio, M.H.).
The first death sentence historically recorded occurred in 16th century BC Egypt where the wrong doer, a member of nobility was accused of magic, and ordered to take his own life (Regio, M.H.).
In the 14th century BC, the Hittite Code also prescribed the dead penalty and the 7th century BC Draconian Code of Athens made death penalty the only punishment for all crimes (Last Mile Tours (2000)) In the 5th century BC, the Roman Law of the Twelve Tablets codified the death penalty and the death penalty was different for nobility, Freemen and slaves s (Last Mile Tours (2000)).
The most notorious death execution in BC was about 399 BC when the Greek philosopher Socrates was required to drink prison for heresy and corruption of youth (Kronen Wetter, M., (1993)). The Mosaic Law also codified many capital crimes and in 438 BC the Code of the Odysseus made more than eighty crimes punishable by death (Kronen Wetter, M., (1993).
Britain influenced the colonies more than any other country and has a long history of punishment by death. About 450 BC, the death penalty was often enforced by throwing the condemned into a quagmire (Regio, M.H. (2006)). Under the reign of Henry VIII, the number of those put to death is estimated as high as 72,000 (Laurence, J. (1960))
The number of capital offences continued to increase in Britain while the death, penalty was standard punishment for fifty crimes in 1688, in 1765, one hundred and six-five crimes attracted the death penalty and in 1815, two hundred and twenty-five crimes had the death penalty (Bangbose, A.O. (2001)).
Reforms began to take place in Britain and in 1823 five laws were passed exempting about hundred crimes from the death penalty and between 1832 and 1837 many more capital offences were swept away (Laurence, J. (1960)). In 1965, the Murder Act finally abolished the death penalty for all offences in England.
In the United States of America, the first recorded execution of a criminal was in 1608 in Virginia (English American Colonies) when officials executed George Kendall for allegedly plotting to betray Britain to the Spanish. On June 29, 1972, the Supreme Court of America effectively ended capital punishment by its ruling in the case of Furman v. Georgia 428 U.S. 153 1976. The court in nine separate opinions but by majority of 5 – 4 ruled that capital punishment was cruel and unusual and violated the eight and fourteenth amendments.
By early 1975, thirty states in USA had again passed death penalty laws and nearly two hundred prisoners were on death row. Today, 38 of the 50 states of USA provide for death penalty in their laws and the death penalty is also provided for under US military and Federal Law. Since the use of the death penalty was resumed a total number of 1,004 death convicts have been executed in the USA (Amnesty International (2006)).
In Nigeria, death as a form of punishment was rarely used in the traditional Nigerian society (Danakin, Y. and Amadi, G. (2004)) though it was used in cases of witchcraft and profaning the gods. Death penalty has been applied in Nigeria for more than 50 years (Udo, J.I. (2004)) and Nigeria is one of the 74 (seventy-four) countries of the world where death penalty is still applied.
1.2 Methods of Execution
Almost inexhaustible methods of execution of death penalty have been employed over time in different places all over the world at one time or the other. For example, the Romans had a rather curious punishment for parricides (Murder of parents) the condemned was submerged in water in a sack, which also contained a dog, a rooster, a viper and an ape (Laurence, J. (1960)). The most infamous execution in history occurred approximately in 29 AD with the crucifixion of Jesus Christ outside Jerusalem.
In the next paragraphs the essay discusses seven selected methods of execution of death penalty.
1.2.1 Firing Squad
The firing squad is one form of execution made famous by the movies. It was most commonly used in old military executions during war. The victim is traditionally strapped to a chair or pike to prevent movement and reduce suffering. A firing squad can be made up to 3 – 6 gunmen. The shooters aim primarily towards the chest of the condemned (easier targets) in hopes the bullet will rapture the heart or a primary vessel. The firing squad is one of the three major methods of execution in Nigeria, the others being hanging and stoning. The firing squad was introduced into Nigeria by the Robbery and Fire Arms Decree. This method of execution is no longer used in Nigeria but was carried out between 2000 and 2005 in countries such as: Belarus, China, Somalia, Taiwan, Uzbekistan and Vietnam.
1.2.2 Burning at the Stake
This is one of the oldest and most brutal forms of execution. This form was used in the 19th century into the early 20th century. During the Middle Ages burning was the punishment for women's high treason and one could be burned for marrying a Jew.
Burning at stake is commonly ascribed with witches. If one were convicted of a crime they would be burned at the stake. The condemned would be tied to a long shaft surrounded by wood and kindling. The pile beneath them would be lit on fire and flames would climb engulfing the victim and eventually kill them. The usage of burning ceased probably due to the new developments of technology and out cries of cruel and unusual punishment. This obsolete practice has been halted altogether.
1.2.3 Decapitation
This is another very old method. Decapitation was accomplished by the use of the guillotine. One Dr. Guillotine in France invented the guillotine. It was used primarily during the French Revolution to execute prisoners that were convicted of treason.
The convicted person's head was placed at the base of a razor sharp blade and when the blade was released it would come down on its victim, cutting their head off at the shoulders.
1.2.4 Hanging
Hanging is the third most common method of execution. It is the most common method of execution in Nigeria. It was also the most frequent method of execution in England by the 10th century. A rope is usually tied round the neck of the convict and he is made to drop a certain distance and this forces the rope to tighten forcefully and excruciatingly so much so that it causes the death by damage to the spinal cord or as phyxiation.
Since 2000 death by hanging has been carried out in Egypt, Iran, Japan, Jordan, Pakistan, and Singapore among other countries.
1.2.5 Lethal Injections
Lethal injection is considered to be the most humane form of execution. Three main types of chemicals are commonly used in this procedure, namely, Sodium Thiopental, pancuronium Bromide and Potassium Chloride. Thiopental is also known as sodium pentothal and it is a barbiturate that induces general anaesthesia when administered, intravenously. It can reach effective clinical concentrations in the brain within 30 seconds (Bonsor, K. (2006)). For surgical operations patients are given a dose of 100 – 150 milligrams over a period of 10 to 15 seconds. For executions, as much as 5 grams (5,000mg) of Pentothal may be administered. 5,000 milligrams of this chemical are administered by needle into the blood stream of the condemned "patient" as they are tethered to the table and when it reaches the heart of the victim it induces anaesthesia, relaxing all muscles of the body and the victim falls asleep on a table forever.
Pancoronium Bromide is preferred next to sodium pentothal. It is a muscle relaxant that once injected and reaches full effectiveness, paralyses the diaphragm. This stops the body's capability to intake air; in essence it forces the body to suffocate itself.
The worst of the three is a toxin, potassium chloride (KCI) when injected into the human blood stream it causes cardiac arrest. This permanent shut down of the heart causes the most painful death of the lethal injection.
Lethal injection is the world's newest method of execution and is quickly becoming the most common one. It was first used in 1982 in Texas, USA. In 1997, China became the second country to use lethal injection to carry out execution. Within the last five years it has been used in Guatemala, Philippines and Thailand outside USA and China.
1.2.6 Electric Chair
The electric chair, which connotes death by electrocution as a method of execution, came on the scene in an unlikely manner. Edison Company with its Direct Current (DC) electrical systems began attacking Westinghouse Company and its Alternating Current (AC) electrical systems as they were pressing for nationwide electrification with alternating current. To show how dangerous AC could be, Edison Company began public demonstrations by electrocuting animals; people reasoned that if electricity could kill animals it could kill people. The first electric chair was used to execute William Kemmler in 1890.
The person is typically strapped into the chair, with the electrode attached to the head and a second attached to the leg to provide a closed circuit. At least two jolts of electric current are applied for several minutes depending on the person. An initial voltage of around 2000 volts is used to break the initial resistance of the skin and induce unconsciousness. The voltage is then lowered to reduce current flow to approximately 8amps. The body of the person may heat up to approximately 140 of (600C) and the electric current will generally cause severe damage to internal organs. The electric chair sometimes fails.
In 1946, it failed to execute Willie Francis, a 17 year old felon, who reportedly shrieked, "stop it! Let me breathe! He was removed from the chair and returned to his cell. He was however, later executed when the US Supreme Court rule in Louisiana ex rel. Francis v. Resweber 329 US. 459 (1947): that it was not "cruel and unusual" to finish carrying out the sentence since the state acted in good faith in the first attempt.
Only the USA has carried out death by electrocution since 2000.
1.2.7 Gas Chamber
The gas chamber was recorded to be first used to execute in the USA state of Naveda in 1924. Gassing was originally proposed by Dr. Allen McLean Hamiton, who was a toxicologist, and who suggested an execution method that would be more humane than hanging or shooting. The first person to die in Nevada's new gas chamber was Tong War gang murderer, Chinese born Gee Tong. Major Delos A. Turner, an Army Medical Corps Officer, invented the first gas chamber.
The condemned is strapped into a chair inside an air tight chamber. A remote value flows either hydrochloric or sulphuric acid into a pan positioned underneath the chair. About X ounces of potassium cyanide salts are dropped from beneath the chair, via remote control, into the acid, producing hydrocynic acid. Haemoglobin mediated oxygen transfer to the body's cells is inhibited, causing cellular suffocation. Death occurs in 2 to 15 minutes, often with convulsions as the body writhes for oxygen. This method has not been used anywhere in the world within the last five years.
1.3 Conviction and Execution of Innocent Persons
One of the major arguments against the death penalty is that there is the ever-present risk of executing the innocent. Amnesty International for instance argued that: Whenever the death penalty is deployed, there exists the risk of execution of individuals for crimes they did not commit. It is further argued that: where an error is found in the identity of the accused person, once execution is carried out, the innocent person can never be brought to life. To date 123 condemned inmates have been released in the USA since 1973 after evidence of their innocence emerged. In China, Nie Shubin, a labourer, was executed as a murderer and rapist in 1995. Report suggested at that time that he had confessed to the crimes under torture. In 2005, a detainee arrested in connection with another case reportedly confessed to Nie Shubins Crime voluntarily, apparently describing the scene of the crime precisely. In Japan, four prisoners who were condemned to death were acquitted when it was established that they had been falsely accused.
In January 2000, George Ryan the Governor of State Illinois, USA, declared a moratorium on executions throughout the state. Governor Ryan based his decision on the discovery that 13 death row inmates were found to have been wrongly convicted in the state since the USA resumed the death penalty in 1977.
In Nigeria, the court of first instance in the case of Edmund Okoro and Ors v. State convicted Edmund Okoro for murder and his appeal was not heard for 17 years. The Court of Appeal sitting in Port Harcourt found him innocent. He had spent 18 years on the death row for an offence he did not commit. Whatever, the causes, it is a shocking truth that people continue to be convicted and executed for crimes they did not commit.
Biliography
Regio, M.H (2006): History of the Death Penalty
Dinakin, Y. and Amadi. G. (2004): Overview of the Criminal Justice System in Nigeria, in the Report of the National Study Group on Death Penalty, p. 28
Amnesty International (2006): Death Penalty: 20,000 on death row across the world, http://web.amnesty.org/library/Index/ENGACT500092006?open&of=ENG-392
Amnesty International (2006): Facts And Figures On The Death Penalty (1 January 2006), http://web.amnesty.org/library/Index/ENGACT500062006?open&of=ENG-392
Udo, J.I. (2004): The Rope: Country Report on Death Penalty in Nigeria, Lagos: Hurilaws p. 71.
National Institute of Justice, (NIJ) (1999): What every Law Enforcement Officer should know about DNA, http://www.nlectc.org/txtfiles/bc000614.txt
The abolitionist in practice is an Amnesty International Classification for countries which retain death penalty in law but have not carried out any execution in the last 10 years or more.
Bamgbose, A.O. (2001): Towards the Global Abolition of the Death Penalty: the Criminal Law in the United States and Nigeria, a lecture delivered in the Fall Semester 2001 at marquette University Law School, Milwaukee, Wisconsin, USA
Last mile Tours (2000): Capital Punishment in Eighteenth Century England: a site created by students of the University of Michigan and sponsored by the Newgate Prison Death Row Education Society.
Kronen Wetter, M., (1993): Capital Punishment: A Reference Handbook, Santa Babara, C.A: Inc.
Laurence, J. (1960): A History of Capital Punishment, New York: The Citadel Press, p. 1 – 3.
No. 5 of 1984. The author of this essay was privileged to watch this carried out as a primary school child when robbers were executed in Gboko at Gboko South Primary School.
Bonsor, K. (2006): How Lethal, Injection works
Bedau, H.A. (1982): The Death Penalty in America, New York: Oxford Press.
(2006) The Gas Chamber http://www.richard.clark32.btinternet.co.uk/gascham.html
Amnesty International (2006): Will this be my last day? The Death penalty in Japan, http://web.amnesty.org/library/Index/ENGASA220062006?open&of=ENG-392
Amnesty International (2006): South Korea: Key Arguments Against use of Death Penalty, A1 Index ASA 25/005/2006 (Public) News Service No. 156
Perskin, V. (2001): DNA and the Death Penalty http://www.hrcberkeley.org/dna/dna_death penalty02.html
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Top-level comments on this article: (1 total)Has it ever stopped anyone from killing another? I prefer long and hard punishmnet for two reasons. First it makes the person who committed the crime understand the act in all its horror and secondly, there is the possiblility society has the wrong one. Then what oops?But at the same time you have to figure that they aren't gonna get outta jail ne ne ways so why waste our hard earned money to feed clothe Etc. these men and women that are wasting our money while sitting in jail doing nothing.
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