CAPITAL PUNISHMENT is the penalty of death, pro nounced by a competent tribunal. Its history shows a shifting of the stress from sacrilege and offences against property to murder pure and simple. Treason, which has changed from the sacrilege of attacking the divinity of kingship to the modern crime of at tacking the security of the State, has always been punishable by death. The laws of Hammurabi (see BABYLONIAN LAW) provide capital punishment somewhat indiscriminately and it is important to realize that the lex talionis of the ancient Hebrews represented an advance in civilization, as introducing the idea of degree into the law. The ancient Hebrews punished with death : adultery (Lev. 20, I0); bestiality (Ex. 22, 19; 20, blasphemy (Lev. 24, 16) ; cursing father or mother (Ex. 21, 17 ; Lev. 20, 9) ; idola try (Deut. 13, 6-10) ; incest (Lev. 20: 17) ; rape (Deut. 22, 25) ; sabbath breaking (Num. 15:35, ; unchastity (Deut. 22:21); and witchcraft (Ex. 22, 18; Lev. 22:27).
In Roman law (q.v.) capital punishment meant, besides the summum supplicium (death), those punishments that affected the caput ( = status) of the citizen, viz., banishment (aqua et igni interdictio) under the republic or deportatio under the empire, condemnation in opus perpetuum or to the mines. The following offences were capital in our sense : treason (lex Julia ma jestatis) ; adultery and sodomy (lex Julia de adulteriis) ; murder (lex Cor nelia de Sicariis) ; forgery by slaves (lex Cornelia de Falsis) ; cor ruption (lex Julia Peculatis) ; kidnapping under certain circum stances (lex Fabia de Plagiariis) ; seduction (Digest 48, I 1, I, 2), and rape (D. 48, 6, 3, 4).
In Anglo-Saxon times murder was punishable by a fine or bot whereof two-thirds (wer) went to the relatives and one-third (mite) to the king. Some crimes however were boteless and the offender must die. In the i3th century death was, by the common law of England, the punishment for all felonies (except mayhem and petty larceny) but under the influence of the church the severity of the law was mitigated, at first for clerks and then for any who could read (see CLERGY, BENEFIT OF) ; and from the be ginning of the 17th century to the middle of the 19th, by giving condemned felons the option of transportation (see DEPORTATION). In 1766 Goldsmith wrote "Nor can I avoid even questioning the validity of that right which social combinations have assumed of capitally punishing offences of a slight nature. In cases of mur der their right is obvious, as it is the duty of us all from the laws of self-defence to cut off that man who has shown a disregard for the life of another. Against such all nature rises in arms ; but it is not so against him who steals my property." This view was supported by Bentham (q.v.) and others with the result that in stead of no less than 200 capital crimes at the beginning of the 59th century we now have four, viz., high treason, murder, piracy with violence and (except in Scotland and Ireland) destruction of dockyards, etc. Since 1838 the death penalty has been exacted under the ordinary law in England only for murder, but in 1916 Roger Casement was hanged for high treason (q.v.) . The In fanticide Act 1922 makes the killing of a newly born child by its mother equivalent to manslaughter, punishable by imprisonment. Under the Indian Penal Code, waging war against the king (s. 121) and murder (s. 302) are capital offences. The Canadian criminal code of 1892 provides death for treason (ss. 68, murder (231), rape (267), and piracy with violence (127). Roman-Dutch law (q.v.) applies in South Africa, where treason (perduellio and laesa majestatis), murder and rape are capital. In Australia, as elsewhere in the British empire, treason, murder and piracy with violence are capital, and in New South Wales and Victoria, rape also. In Queensland capital punishment was abol ished by the Criminal Law Amendment Act of 1922. (F. T. G.) Although at the time of the colonization of America, no less than 20o crimes, as we have seen, were punishable by death, the colonists greatly reduced this number, only twelve offences being capital in the New England colonies. Ohio in 1788 and Pennsyl vania in 1794 limited capital punishment to wilful and deliberate murder and in 1838 Rhode Island selected murder and arson. In 1892 a Federal law was passed which reduced the number of cap ital crimes to three, viz., treason, murder and rape ; but for the most part the punishment of crime is undertaken by the constitu ent States, six of which have abolished capital punishment (Maine, Michigan, Minnesota, North Dakota, Rhode Island, and Wiscon sin). Eight States use lethal gas in executions, 22 impose death by electrocution, and 1 i by hanging. In Utah a condemned person has the choice of death by hanging or shooting. (X.) Countries Which Have Abolished Capital Punishment. Capital punishment has been abolished, except as a general rule in war time or under martial law, in the following countries: Austria (3.4., 1914; St.G.B. 223) ; Colombia (in 1910, by an amendment to the constitution whereby not even Congress may impose the penalty) ; Latvia (in 1917) ; Luxemburg (in art. 18 of the Constitution) ; the Netherlands (in 1870) ; Panama (in 1922) ; Portugal (who also refuses extradition [q.v.] to a country which enforces capital punishment) ; Rumania; San Marino (in 1859); Santo Domingo (in Constitution of 1924) ; Sweden (in 1921), Argentine, Brazil, Costa Rica, Ecuador, Honduras, Norway (1905), Peru, Uruguay, Venezuela.
Countries Which Retain Capital Punishment.-It is in flicted in the following countries for the offences named: Albania.-Wilful murder with aggravating circumstances and high treason.
Belgium-Though existing theoretically, it has not been in flicted since 1863, as the king constantly grants a reprieve. Bolivia.-Murder and high treason.
Bulgaria.-Wilful murder or attempted murder of the king or crown prince (art. 98, par. I and art. 200 of the penal code) ; wilful murder (art. 247) ; treason and intelligence with the enemy in war time. During the Communist upheaval of 1923 the So branje passed a Defence of the State Act providing capital pun ishment for a limited number of offences having as their object a forcible change of the present political and social order.
Chili.-Crimes endangering the security of the country (artt. 106-110 of the penal code) ; murder under certain circumstances (artt. 390 and 391).
Czechoslovakia. -A new penal code is now in preparation (which makes no mention of capital punishment except under na tional and military law), but meanwhile the Austrian Penal Law of 1852 runs in Bohemia, Moravia and Silesia and the Hungarian Penal Law of 1878 in Slovakia and Carpathian Ruthenia. The former inflicts the penalty in five cases leading to fatal results; murder, robbery with violence, arson, malicious damage to prop erty, malicious act or neglect on railways, etc. Throughout the republic however the death penalty may be inflicted on persons who deliberately use explosives with a fatal result. Under the Austrian law there is no reprieve except where the accused is un der twenty, or when 20 years have elapsed since the murder; these last two provisions apply also to Hungary. The death pen alty has actually been carried out in Czechoslovakia only thrice since 1919 Denmark.-High treason (artt. 75, 75, penal code 10, 2, 1866) ; wilful murder with aggravating circumstances ; mur der with premeditation; wilful murder of an ascendant or spouse. Execution has not been inflicted for 3o years, being commuted by royal decree to imprisonment for life. The new draft penal code before the Rigsdag proposes the abolishment of capital punishment.
Egypt.-High treason (mixed penal code, artt. 76-80, 83, 84. 8.7, 88) ; arson of public buildings (art. 89) ; murder with ag gravating circumstances (artt. Finland.-High treason and wilful murder. No execution since 1826, except in 1918, under martial law.
France.-Attempted murder of magistrates or other public officials (artt. 223, 228 and 23o of the penal code) ; assassination, parricide, infanticide and poisoning (art. 302); crimes accom panied by torture, etc. (art. 303); murder coupled with another crime (art. 304); unlawful imprisonment with torture (art. 344); perjury and subornation of witnesses resulting in a death sen tence (artt. 361 and 365) ; many cases of arson, etc. (artt. 434 and 435) and wilful derailment, etc., resulting in loss of life (art. 16 of the law of July 1845).
Germany.-Murder; certain offences under the dynamite act of 1884, the law against slave traffic, and under military law.
Greece.-High treason; murder and poisoning; robbery and arson under certain circumstances (penal code of Guatemala.-Murder of ascendant, descendant or spouse; and murder under certain other aggravating circumstances ; robbery with violence or threats, with fatal result; derailment of trains or wrecking of vessels, etc., with fatal result (penal code 15. 2.
1889).
Hayti.-High treason (artt. 57, 58, 63 and 64 of the penal code of Aug. I 1, 1835) ; coining (art. 97) ; certain cases of re bellion, etc. (art. 170 et seq.) ; assassination, parricide, infanti lcide, poisoning (artt. 241 to 246) ; robbery with violence (art. 326).
Hungary-Inflicted under the penal law of 1878 for murder only; defined as the deliberated and premeditated act of killing.
Iraq.-Baghdad penal code 1918: high treason, arson of public building (art. 1o6), murder under aggravating circumstances.
Italy. High treason (art. I of the law of Nov. 25, 1926 and artt. 104, 107, 108, 120 and 252 of the penal code of June 3o, 1889).
Japan.--High treason and murder with aggravating circum stances.
Latvia.—By the law of 1923 the Minister of the Interior in connection with the Minister of Justice shall have the' right to transfer the punishment of certain crimes from the competence of the civil courts to military courts, acting on the basis of mili tary laws, where the death penalty is inflicted for high treason, murder, theft-murder and armed insurrection against the State.
Liberia.—Murder and treason with fatal results.
Lithuania.—The Russian Penal Statute of 1903 applies (with certain amendments made in 1919, Gov. Gaz. no. 23, 16. 1. 1919), art. 108 of which provides the death penalty for high treason; which is also provided (by amendment of the Penal Statute, Gov. Gaz. no. 20, of 4. 3. 1920) for armed insurrection, etc., as also for certain offences under the Military Penal Statute enforced since 1869. Only applied in time of war and under martial law.
Mexico. High treason committed during a foreign war ; parri cide, murder with aggravating circumstances, arson, abduction, highway robbery and grave military offences (art. 22 s. 3 of the Federal Constitution). In the case of women, and men over 70 and when five years have elapsed since the crime, the punishment is 20 years' imprisonment (art. 239, penal code of 31. 3. 1884). Proscription after 15 years (art. Paraguay.—High treason leading to war (art. 137 penal code of 22. 2. 1910, amended 18. 6. 1914) ; arson with fatal results (artt. 246 and 24 7) ; destruction of bridges, etc. (art. 252); malicious use of explosives with fatal results (art. 253) ; train wrecking with fatal results (art. 257) ; murder with aggravating circumstances (art. 338). In practice, however, these articles are seldom applied and the rule is imprisonment for a long term.
Persia.—Penal cede 1925: treason, rebellion, murder; highway robbery with aggravating circumstances.
Salvador.—Penal code, 1920 : parricide and murder. Siam.—Penal code, 1908: treason (s. 1o1, 105, Iio, 112) and murder (s. Spain.—The Penal code of 1909 punished with death, rebellion (art. 184, 1) ; treason (artt. 136-8, 142) ; murder of a sovereign in Spain (art. 153) ; piracy under certain conditions (art. 156) ; parricide (art. 417) ; murder with aggravating circumstances (artt. 157, 418). Of 138 death sentences by civil tribunals in the last decade only 12 have been carried out ; of 37, however, condemned by military tribunals, 23 were executed.
Switzerland.—Abolished by the Federal Constitution of 1874 but by art. 65 of the amendment of 1879 the Cantons were empowered to reintroduce capital punishment, though not for political offences. The following cantons have reintroduced the penalty: Lucerne, Uri, Schwyz, Unterwald le Haut, Fribourg, Schaffhouse, Appenzell Rhodes-Interieures, St. Gall, Valais. The Draft Penal Code now before the Federal Houses does not pro vide for capital punishment. The new Military Penal Code of 13. 6, 1927, provides the death penalty in a number of cases.
Yugoslavia (Kingdom of the Serbs, Croats and Slovenes).— Murder and treason.
Methods of Execution.—Ancient methods requiring no ap paratus were drowning (Code of Khammurabi, ss. 109, 129, 143, 5) and precipitation from a height, as from the Tarpeian rock (Twelve Tables). Impaling was practised in Assyria. Ston ing (Lev. xxiv.:16, 20:2 7 ; Deut xiii.: 6–i o, xxi.:18-21; Num. xv.: 35, 36) and burning (Lev. xxi.:9, xx. : 54) were used by the ancient Hebrews. Crucifixion was used by the Romans for condemned persons who were not Roman citizens. Parricide, regarded with especial abhorrence by the Romans, was punished in the follow ing extraordinary manner : The victim was sewn up in a sack with a dog, a cock, a viper and an ape and cast into the sea or river (lex Pompeia de Parricidiis, 55 B.c.). Hanging (q.v.) is now practised in many countries, e.g.—Albania, the British em pire, Egypt, Hungary, Japan, Latvia and some of the United States. In Latvia the victim may be shot or hanged, while in Utah he has the choice. France employs the guillotine (q.v.) and Spain the garrotte (q.v.). Twenty-two of the United States now employ electrocution; seven use the lethal chamber. (F. T. G.)