Capital Punishment

History

The United States has had a system of capital punishment in place since colonial times. The first recorded legal execution in the American colonies occurred in 1608 in Virginia, when Captain George Kendall was executed for the crime of spying for Spain. Since then, the crimes eligible for a death sentence have changed. For example, prior to the American Revolution, the list of capital crimes included idolatry, witchcraft, blasphemy, murder, manslaughter, poisoning, bestiality, sodomy, adultery, manslaughter, bearing false witness in capital cases, conspiracy, and rebellion. Now, the application of the death penalty is overwhelmingly confined to murder. It is noteworthy, however, the colonial Americans used the death penalty less often than courts do today despite the greater number of eligible crimes.

During the 19th century, the number of executions increased significantly, with more people put to death between 1800 and 1865 than in the entire 17th and 18th centuries combined. Changes were also enacted that included the introduction of the concept of degrees of murder and the removal of executions from the public realm. In some states, discretionary death penalty laws replaced those that mandated the death penalty for anyone convicted of a capital crime. In addition, the jurisdiction of executions was changed from local to state control. Individual towns were no longer responsible for capital punishment. Instead, the state became the executioner. Finally, the number of offenses punishable by death was reduced and some states began abolishing the death penalty. The number of executions decreased immediately following the Civil War. However, in the last two decades of the 19th century, the number increased again to approximately 1,000 each decade.

Abolitionist efforts grew during this time period as well. Michigan eradicated the death penalty in 1846 for all crimes except treason. Five other states also enacted abolitionist legislation. By 1901, however, three of these states had reestablished capital punishment.

During the first two decades of the 20th century, the United States entered what is known as the Progressive period of social reform. More states abolished the death penalty or severely restricted its use. Six states (Kansas, Minnesota, Missouri, Oregon, South Dakota, and Washington) abolished the death penalty entirely, and three others limited its use to rare offenses such as treason (Arizona, North Dakota, and Tennessee). However, concern about communism and the threat of revolution led to the reinstatement of capital punishment in five states by 1920, and the number of executions across the country overall increased. The 1930s hold the record for the greatest number of executions in one decade in U.S. history, averaging 167 executions per year. The combination of organized crime during the Depression and the writings of criminologists who suggested that the death penalty was necessary to deter violence increased its popularity during this period. By 1950, only three states that had previously abolished capital punishment had not reenacted statutes allowing the death penalty.

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