Abstract
Since the emergence of criminology in early 1800 as part of the movement for prison members urging reform, criminology has evolved into a more organized multidisciplinary charged with the mandate of identifying the root cause of crime and developing effective measures for preventing crimes from happening. Criminology, of the late years, has been charged with mitigating its impacts on the victims and punishing its perpetrators. There are three main phases of the criminology evolution school of thought. According to the early criminological theory school of thought, these three phases include positivist, Chicago, and classical. Criminology has dramatically evolved in many aspects, which can be determined using several parameters while others cannot. Many changes have occurred in the judicial sector since the B.C. up to date. These changes are being brought into existence by the daily activities which are taking place around the citizens. The death penalty sentence is the primary field of criminology where massive evolution has occurred. The death penalty sentence was first recorded in the early 18th century. This dates back to the era of King Hammurabi of Babylon. The death penalty, which was recorded, involved 25 crimes punished by the death penalty. The death penalty was majorly used in the early 18th century. The state members majorly installed the death penalty as capital punishment. This method of crime deterrence has been in check to punish wrongdoers for the crimes they have committed.
Introduction
Whether the death penalty is moral has been supported by the grounds that society is charged with the moral obligation to defend the welfare and safety of the citizens. Murderers threaten this sense of safety, which can only be brought to a haul by putting murderers to death. The argument is also based on the fact that once the murderers are punished by death, there is an assurance that the murderers will not be in opposition to killing again. There are numerous significant phases that have occurred in the evolution of criminology. These crucial phrases have helped shape the judicial system and the lawmakers from 1920 to 1950 and from 1950 to 2020. These phases include multidisciplinary theory, interdisciplinary theory, systemic reductionism, and single-factor reductionism. The evolution of criminology in different phases and years has been enforced depending on different factors. These factors come in different aspects, and in turn, they force criminal activities. The reason why criminology has evolved over the years is as a result of human behavior toward criminal activities. Factors that have enhanced criminal activity development include adverse childhood experiences, hostile social surroundings, drug abuse, and biological risk factors such as color and other factors. Over the past years, criminal activities have increased for several reasons. New criminal activities have emerged as a result of the new technologies emerging daily; social and economic factors have also contributed significantly to the increase in crime in recent years when the crime rate is compared from 1920 to 1950.
The rate of crime has increased significantly due to social and economic factors. The most incredible way in which criminology has changed over time is how punishment has changed over this period up to date. This method at some point proved to be intolerant to some crimes as it could not solve judicial issues such as tort issues which at some point were being punished by capital crime which in some cases was not the best verdict for the situation. In recent years, punishment has changed into more restitution. It implies a great emphasis on rehabilitation as opposed to corporal punishments have been abolished, and fines are the most frequently used punishment in most cases. This method of punishment is sought to be one of the sound punishment methods as it is based on rehabilitating the members of the society who have committed different types of crimes and are prisoned. This makes the older methods of punishment, in a situation where the punishment methods were presumed to be based on the ideas of revenge and retribution, which became less popular as time went by. This can be termed to be in line with the change in attitude which is observed in the reform of the criminal code.
Evolution of the Death Penalty between 1920 and 1950
Griffin (2021), in his article, analyses the reduced application of the death penalty across the globe. The death penalty has been frequent in the attempt to ensure that there is the eradication of criminal activities within different states. The state of death penalty in the past has been less frequently used. Due to some aspects, such as economic factors, by 1920.
The article articulates that the number of crimes between the years 1920 to 1950 increased, which required a much strict way to reduce the number of crimes that were taking place in different parts of the globe, especially in the United States of America; many states abolished the capital punishment as early as 1897 to 1917. During this era, the number of crimes was at a deceased to some level. By the end of 1930, eight of the ten states that abolished the death penalty reinstated death by penalty. The author highlights that the death penalty abolition occurred during the economic boom, while the death penalty reinstatement was established during the economic depression and recession. Another factor that led to these eight states reinstating the death penalty is social risks related to politics. The number of crimes increased over time between the 1920s and 1950s. This was brought about by the great industrial revolution, which was taking place across the globe. The rates of criminal activities had been little as early as 1897 to 1917 due to the little negative attitude that emerged between the 1920s and 1950s. According to the article’s author, the major contributing factors to the increasing reinstatement of the death penalty were social and economic factors combined with biological risks (Griffin 557-577). The trend in which criminal activities increased made it clear that a proper and effective method was to be navigated by the authorities, such as governors, to help reduce the cases of criminal activities. The author acknowledges that the critical factors in how criminology was evolving during this particular time were of regular pattern as the number of crimes was increasing.
The number of death penalties increased. This was in the assumption that once those committing capital crimes were punished by death, the number of criminal activities would reduce, triggering the fact that the new emerging factors, such as technologies, were the contributing factors influencing the rate of crime to increase. Most governors supported the abolition of the death penalty as a result. According to the author, states with less concentration of white citizens have faced more death penalty than states with more concentration of white people. This is according to the research which the author conducted. According to John F., during the period of economic stability between 1920 and 1950, political leaders supported the abolition of capital punishment as it did not threaten political stability. During economic instability, political leaders reinstated the death penalty to control the crime rate and the economy as it was presumed during this period. Even though the death penalty has been embraced over the past decades, between 1920 and 1950, the rate of crime punishable by death had reduced a great deal compared to the past decades when the death penalty was embraced.
Bailey (2019) and Novak (2019), in their articles, also provide a scan of the events and changes which has led to the diminishing use of the death penalty and the factors which have caused the death penalty to reduce in the British, and what are the determinants which have influenced the reduction of the death penalty as a sentence in 1920.
In Britain, it is wired to look back and think that one of the most extraordinary things an Enlightened and civilized country could do was to advocate for the abolition of the death penalty (Bailey 509-522). English law portrays the death penalty to be an equal punishment for murder. In any case, involving murder, the known remedy to this type of crime was death by penalty, and it was a renowned way of judgment. Every judge who was involved in a murder case without acknowledging the death penalty was considered to be unqualified and backward. By the year 1920 to 1950, there were massive changes that affected the death penalty as a means of punishing offenders. This period came with two significant changes, according to the author. According to the author, the two parties were not supposed to be sentenced based on the death penalty. These two parties include pregnant women and persons below the age of eighteen years. With the changes in the government systems, the authorities abolished the death penalty. Since better ways of conflict resolution had been found by lawmakers, abolishing the death penalty indicated enlightenment by the countries which made them.
There has been significant improvement in the field of criminology on criminological activities such as the death penalty have evolved a period. According to Victor Bailey, death penalty sentences have evolved positively in the essence that we have come from the era where the death penalty prevailed. Countries have recently established better conflict resolution and criminal offenses (Novak 371-387). Between 1920 and 1930, some changes were made to ensure that the death penalty was abolished. These changes include the death sentence of (The expectant Mothers) Act, which was established in 1931 to prohibit the execution of pregnant mothers. The children and young person Acts of 1933 also prohibited the execution of persons under the age of eighteen years. In 1922 the British established the Infanticide Act to defend a woman who was charged with the death of a newly born baby. The articles indicate how criminology has evolved, especially from the perspective of the death penalty, where people have come from states where the death penalty has been prone to the recent days where death by penalty is rear to come across as early as the 1920s.
Evolution of the Death Penalty between 1990 and 2020
Steiker and Steiker (2020) also analyze the critical application of the death penalty in the United States. The state of the death penalty in the recent past has been less frequently used. The sparring nature of the application of the death penalty after 1990 is attributed to various aspects, including considerations regarding the fairness of the death penalty concerning crimes committed. In addition, various jurisdictions across the globe have shifted their focus towards other forms of punishment that guarantee the realization of rehabilitation and reintegration. Such progressive jurisdictions continue to view the application of the death penalty as a retributive deterrent and in line with fundamentalist religious doctrines. The evolution of the death penalty between 1990 and 2020 thus shows a steep decline in its application across various jurisdictions worldwide.
The United States represents one of the most advanced judicial systems in the world. The application of the death penalty in the U.S. has thus created significant public discourse regarding its application and the ethical implications associated with administering the death penalty. In the U.S., the 1990s saw an increase in incarceration thanks to the three-strikes law, which was aggressively applied. As a result, the United States maintains the highest incarceration rate per capita compared to other countries worldwide (Steiker and Steiker 299-315). In the 1990s, capital punishment was also prevalent in the U.S. However, there were critical discussions that would alter the course of the application of the death penalty in the U.S. First, the fairness of the punishment was called into question. This fairness was premised upon arguments that the judicial system in the U.S. actively and punitively pursued the incarceration of racial minorities in the U.S. (Steiker and Steiker 302). The 1990s featured significant public discourse as the just nature of the death penalty was called to question. The death penalty issue during this period caused sharp divisions across the political landscape as politicians and federal officials alike would apply pressure for and against the death penalty (Steiker and Steiker 310). In Texas, for instance, the gubernatorial races in 1988 and 1992 were decided on the premise of the death penalty.
The article argues that the increased prevalence of the death penalty in the 1990s resulted from the increased crime rates in the United States. As a result, the federal government showed increased tolerance for drastic solutions to crime, including the death penalty. In addition, in the U.S., populism’s effects meant that the affinity to harsh punishments such as the death penalty would increase. However, the insistence on maintaining the death penalty and similar harsh penalties saw the U.S. judicial system lag significantly behind other established judicial systems, such as those applied in Europe (Steiker and Steiker 298). This concern would lead to the progressive decline of the death penalty, even in hardline states such as Texas. In addition, the links between racial discrimination and the biased application of the death penalty further tainted the reputation of harsh punishments leading to an increased consensus to apply the death penalty sparingly.
Statistics highlighted by the article indeed underpin the decline in the application of the death penalty in the United States. In the 1990s, the U.S. recorded a total of 300 death sentences per annum as a result of the death penalty. This figure has significantly dropped to 40 in the past few years, representing an 85% decline. This development is due to several states summarily dismissing the application of the death penalty. These states include New York, New Jersey, Connecticut, Maryland, New Hampshire, Illinois, New Mexico, Delaware, and Washington (Steiker and Steiker). The impact of populism has also waned in comparison to past years, as 56% of Americans would currently consider the death penalty, in comparison to 75% in the 1990s (Steiker and Steiker 299-315). This decline in public support for the death penalty has also informed various state repeals to the death penalty, as state legislature continues to institute anti-death penalty legislation aggressively. The United States has also experienced a decline in serious crime. While the reduction in serious crime and the death penalty shows no causal relationship, the occurrence of serious crime is more likely to be punished by a longer prison sentence than a death sentence. As a result, in most U.S. prisons, there is a declining death row inmate population; the death sentences in the U.S. have largely been replaced with other forms of sentences, such as Life without parole sentences imposed for serious crimes (Steiker and Steiker, 2020, 299-315). However, the abolition of the death penalty in the United States remains elusive due to the slow rate of reforms in the U.S.
Reichel (2022) also provides a comparative view of the application of the death penalty internationally. Internationally, the application of the death penalty and its gradual reduction in the application is varied over the globe. Advanced and progressive judicial systems such as Europe have abolished the death penalty in totality, basing arguments on the fact that the death penalty defeats justice since it is an infringement on the right to Life. In other jurisdictions, such as in Asia, the death penalty is still prevalent. While the period before the 1990s saw the death penalty appear to be the norm, the rate at which the death penalty has been disregarded by several jurisdictions globally is significant (Reichel, 2022). Statistics certainly back this claim, as approximately 70% of the countries across the world have effectively abolished the death sentence. 30% of the countries that practice the death penalty are concentrated in the Middle East, Asia, and North Africa. In the U.S., the death penalty is used sparingly, as mentioned above, with various states having abolished the practice and other states, such as Texas, continuing the application of the death penalty (Reichel, 2022).
In Europe, the norm is that the death penalty is a subversion of the right to Life. As such, Europe is a leading proponent and a crucial influence over other judicial systems regarding the abolition of the death penalty. The progressive nature of the European judicial system focuses heavily on the offender’s rehabilitation rather than deterring or realizing retribution for offenders. This progressive nature of the European judicial system posits that the death penalty violates the right to Life (Reichel, 2022). This aspect has been contextualized in international law and European law. The view of the application of the death penalty as a human rights issue gained traction during the 1990s and is now a norm internationally, especially in Europe. The aspect of human rights and the right to Life being contextualized in law is embodied in various international law treaties and covenants that are in application today. For instance, several countries have ratified the International Covenant on Civil and Political Rights, whose protocols denounce the death penalty (Reichel, 2022).
In Europe, the European Convention on Human Rights summarily abolishes the death penalty in European countries. This convention, in particular, provides crucial safeguards to preserving the right to Life and abolishing the death penalty. For instance, admission into membership in the European Union requires that countries commit to the abolition of the death penalty in totality. As such, the strength of the convention and the goodwill in the E.U. means that almost all countries in the union have abolished the death penalty. The impact of the abolition of the death penalty in Europe has influenced proceedings in other countries such as the U.S. For instance, within the union, the manufacture of drugs used in the execution of the death penalty has ceased to be produced. This has had a massive impact on drug-induced executions across the globe since the E.U. also committed its members to ratify regulations banning the exportation of such drugs.
In addition to the human rights factor in the abolition of the death penalty internationally, the articles assert that the innocence issue has plagued most capital cases. The innocence issue references the presence of doubt in the guilt of death row inmates leading to the wrongful execution of prisoners on death row. The execution of an innocent individual is viewed as a failure of the legal system to administer justice. As a result, the wrongful execution of individuals would lead to a judicial crisis. As a result, there have been developments in alternative sentences, such as the administration of Life without parole sentences for individuals who have committed serious crimes.
However, in the present landscape of the death penalty, there is increasing concern about the emergence of reinstatement efforts on the death penalty. These concerns arise from the emergence of authoritarian governments worldwide, which in turn has led to the increased subversion of the people’s will and their human rights. In countries such as Russia, Turkey, and The Philippines, the presence of authoritarian leaders such as Vladimir Putin, Tayyip Erdogan, and Rodrigo Duerte, respectively, have seen the emergence of executions and death sentences in response to opposition and as a means to execute policy decisions such as the drug war in the Philippines. There is also increased concern about the state of the death penalty in 30% of countries, as shown above. Statistics show that the countries that constitute 30% of those that practice the death penalty account for 65% of the world’s population. As a result, there is concern that the application of the death penalty impacts more people. Countries such as China and Brazil, which have more significant populations, continue to practice the death penalty.
Lourtau (2019), Umanailo & Joko (2020), and Liang et al. (2019) in their articles elaborate on the various aspects of the application of the death penalty in current contexts. The application of the death penalty in current contexts highlights the merging of the severe nature of a crime and the application of harsh sentences such as the death penalty (Lourtau 35). There has been evidence of various jurisdictions on the application of the death penalty on serious offenses such as terrorism and corruption. In such jurisdictions, the crimes are considered to be perpetrated against the state hence meriting the application of the death penalty as a harsh sentence (Lourtau 42). Crimes such as corruption are highlighted to bear serious economic consequences for countries (Umanailo, Rizky, and Setiyono). As such, the application of the death penalty for individuals found guilty of corruption is viewed to be effective. The death penalty in some countries is successful in deterring corruption-related crime. In such countries, enacting laws and regulations recommending the death penalty for corruption has made relatively successful strides toward eliminating such crimes. In addition, there is increased public support for the reenactment of the death penalty for crimes against the state (Liang et al. 276). Due to its significance, countries such as China show increased support for the death penalty for corruption-related crimes.
Robbins also comments on the death penalty aspect in his Deadman Walking Film. The film I based on the events where there is the honoring of the request of a desperate man who is about to be punished by the death penalty; as a result of his crimes. In the film, the nun comforts a murderer on death row and sympathizes with him. The film indicates that many changes have taken place in the judicial system, especially punishment methods by law. The film’s writer condemns the killing of two teenage lovers who are not ready to take responsibility for the relationship to develop.
Maurice Chemmah, in his “The Lord Sort Them,” emphasizes the death of American capital punishment (Mason). His book elaborates that the essence of using the death penalty in solving crime is no more as new methods of crime solutions are being discovered. In his book, he also recognizes the courage that has been taking different individuals and organizations to bring down capital punishment and embrace new methods of crime resolution, such as rehabilitation.
Truman Capote in his novel, “Cold Blood,” depicts the changes which have taken place in the evolution of the death penalty since the death penalty emerged (Everest Media). In the novel, the murder of the four members of the clutter family is depicted, which occurred in 1959, even though the novel was published in 1966. The evolution of the death penalty has taken many forms and has been considered one of the best alternatives for punishing murder crimes in the past. In the novel, we identify that the rate at which capital punishment was being used has significantly reduced in the past decades, and better alternatives in criminology resolution have been established.
Work Cited
Bailey, Victor. “The Rise and Fall of the Rehabilitative Ideal, 1895–1970.” 2019.
Dead man walking. He was directed by Tim Robbins in 1995.
Griffin, Timothy. “Comparing expert versus general public rationale for death penalty support and opposition: Is the expert perspective on capital punishment consistent with “disciplined retention”?” Punishment & Society, vol. 23, no. 4, 2021, pp. 557–577.
Liang, Bin, Jianhong Liu, and Hong Lu. “Variability of death penalty attitude in China: an empirical test of the Marshall hypotheses.” Crime, Law and Social Change 72 2019: 269–302.
Lourtau, Delphine. “Deserving of death: the changing scope of capital offenses in an age of death penalty decline.” Comparative Capital Punishment. Edward Elgar Publishing, 2019. 30–53.
Mason, Carol. Killing for Life: The Apocalyptic Narrative of Pro-Life Politics. Cornell UP, 2018
Novak, Andrew. “After abolition: the empirical, jurisprudential and strategic legacy of transnational death penalty litigation.” Comparative Capital Punishment, 2019, pp. 371–387.
Reichel, Philip L. “Death Penalty and Capital Punishment in Comparative Perspective.” Oxford Research Encyclopedia of Criminology and Criminal Justice. 2022.
Steiker, Carol S., and Jordan M. Steiker. “The rise, fall, and afterlife of the death penalty in the United States.” Annual Review of Criminology 3 (2020): 299-315.
Umanailo, M. Rizky, and Joko Setiyono. “Death Penalty for Perpetrators of Corruption Crimes Perspective of Criminal Law Reform.”
Annotated Bibliography
Dead man walking. He was directed by Tim Robbins in 1995. The film was recorded in 1995 and was directed by Tim Robbins; John Kilik produced the film. The film was written by Hellen Prejean and released on December 29, 1995. The song used in the film by David Robbins. The film’s thesis is based on the evolution of capital punishment and how it impacts familiar people.
Everest Media. Summary of Truman Capote’s In Cold Blood (Vintage International). Everest Media LLC, 2022. Truman capote was an American novelist, play writer, and actor. He wrote numerous short stories and novels; he was born in 1924 and died in 1984. Truman began his writing in 1945 with his first novel Miriam. in his novel in cold blood; he explains why the old aspect of capital punishment was embraced and how it evolved.
Griffin, Timothy. “Comparing expert versus general public rationale for death penalty support and opposition: Is the expert perspective on capital punishment consistent with “disciplined retention”?” Punishment & Society, vol. 23, no. 4, 2021, pp. 557–577. Griffin timothy is an American lawyer and politician who serves as the 57th attorney general of Arkansas. He previously served as the 20th lieutenant governor of Arkansas from 2015 to 2023The article analyses the reduced application of the death penalty across the globe. The death penalty has been frequent in attempting to ensure that criminal activities are eradicated within different states. The state of death penalty in the past has been less frequently used. Due to some aspects, such as economic factors, by 1920.
Liang, Bin, Jianhong Liu, and Hong Lu. “Variability of death penalty attitude in China: an empirical test of the Marshall hypotheses.” Crime, Law and Social Change 72 2019: 269–302. Liang Bin is a former Chinese politician with vast political ideas. He was born in 1956 and served as the party leader of his provincial organization department.
Lourtau, Delphine. “Deserving of death: the changing scope of capital offenses in an age of death penalty decline.” Comparative Capital Punishment. Edward Elgar Publishing, 2019. 30–53. Delphine Lurtau was once the Center for Death penalty executive director worldwide. She did much research in humanities and social science through her department. She graduated from the University of McGill in Montreal with a degree in the common law. She has also lectured on the death penalty and international law.
Mason, Carol. Killing for Life: The Apocalyptic Narrative of Pro-Life Politics. Cornell UP, 2018. Mason is a professor of pathology at the University of Columbia. She was born in the year 1943. She was married to a lawyer. She is also a writer of novels about publicity materials and other contemporary romance and marriage novels.
Novak, Andrew. “After abolition: the empirical, jurisprudential and strategic legacy of transnational death penalty litigation.” Comparative Capital Punishment, 2019, pp. 371–387. Andrew Novak is a graduate of the university f Boston school of law; he also has a comprehensive knowledge of African science politics. The articles provide a scan of the events and changes which has led to the diminishing use of the death penalty and the factors which have caused the death penalty to reduce in the British, and what are the determinants which have influenced the reduction of the death penalty as a sentence in 1920.
Reichel, Philip L. “Death Penalty and Capital Punishment in Comparative Perspective.” Oxford Research Encyclopedia of Criminology and Criminal Justice. 2022. Philip is an associate professor at the University of California; he has also written many books and authored more than 40 articles. The articles provide a comparative view of the application of the death penalty internationally. Internationally, the application of the death penalty and its gradual reduction in the application is varied over the globe. Advanced and progressive judicial systems such as Europe have abolished the death penalty in totality, basing arguments on the fact that the death penalty defeats justice since it is an infringement on the right to Life
Steiker, Carol S., and Jordan M. Steiker. “The rise, fall, and afterlife of the death penalty in the United States.” Annual Review of Criminology 3 (2020): 299-315. Steiker is known as Henry J, of friendly professor at Harvard law school. She also serves as the dean’s special advisor for public service. The article analyses the critical application of the death penalty in the United States. The state of the death penalty in the recent past has been less frequently used. The sparring nature of the application of the death penalty after 1990 is attributed to various aspects, including considerations regarding the fairness of the death penalty concerning crimes committed. In addition, various jurisdictions across the globe have shifted their focus towards other forms of punishment that guarantee the realization of rehabilitation and reintegration. Such progressive jurisdictions continue to view the application of the death penalty as a retributive deterrent and in line with fundamentalist religious doctrines. The evolution of the death penalty between 1990 and 2020 thus shows a steep decline in its application across various jurisdictions worldwide.
Umanailo, M. Rizky, and Joko Setiyono. “Death Penalty for Perpetrators of Corruption Crimes Perspective of Criminal Law Reform. “Joko setiyono is an associate professor. He is a prominent Indonesian constitutional lawyer. The article analyses the Indonesian government’s strategy, which is related to eradicating terrorism in the country.
