Abolition of the capital punishment

Since the Age of Enlightenment, many groups and personalities claim the abolition of the Capital punishment . Thus, Pierre-Léopold of Tuscany was the first sovereign to abolish the capital punishment in 1786 in Tuscany. Two centuries later, thanks to the intervention of François Mitterrand and Robert Badinter, France is the last European State to abolish the capital punishment in October 1981.

History

In 1757 in Paris, following the cruelty of the torture which undergoes Robert François Damiens during his execution for the aggression against Louis XV, a free trade movement appears. In 1764, in the Encyclopedia, Diderot and D' Alembert consider the capital punishment like “neither useful, nor necessary”. In 1766, Voltaire joined this analysis.

According to the councils of the Beccaria criminologist, the Pierre-Léopold large-duke of Tuscany (future Germanic emperor under the name of Léopold II) was the first sovereign to abolish the capital punishment, in 1786 in Tuscany.

In 1791, Robespierre proposes the abolition of the capital punishment to the legislative Assemblée. In 1795, the Directory, in France removes the capital punishment. It will be given by Napoleon i.

Venezuela abolishes it in 1863, following the federal War, under the presidency of Juan Crisóstomo Falcón, with the Decree of Guarantees. This abolition will be registered in the new Constitution of 1864. The Republic of San Marino abolishes the capital punishment for all the crimes in 1865, after having abolished it for the crimes of common right in 1843. With the Kingdom of Portugal, the capital punishment was abolished in 1867 for the common rights and the last execution goes back to 1849.

In Canada the capital punishment is abolished officially since July 16th, 1976 for all the crimes except certain crimes committed by soldiers. Between 1968 and 1976 the law held the capital punishment with the murderers of police officers and prison warders. In the facts, no execution took place since 1962. For the Canadian soldiers, the capital punishment was abolished officially in 1998 although no soldier was condemned to died by a tribunal military and carried out since the Second world war (only one execution). Lastly, the Supreme court of Canada ruled on February 15th, 2001 that no defendant could be extradited abroad without the Government of Canada not obtaining guarantees that the capital punishment neither necessary nor would be applied if this defendant were extradited.

Since the beginning of the years 1980, almost all the democracies, like France or Germany, abolished the capital punishment.

In France, the vote of abolition dated September 18th, 1981 (National Assembly in 2nd reading). The law of abolition was promulgated on October 9th, 1981. The abolition of the capital punishment in France, was allowed by the election of François Mitterrand in 1981 and the will of Robert Badinter, it Minister of Justice to abolish the capital punishment in France. Indeed; it is after 3 executions at the end of the 5 years of the presidency of Georges Pompidou, with in the chair 1974, Valery Giscard d'Estaing to 1981,3 capital executions were carried out: those of Christian Ranucci on July 28th, 1976 and Jerome Carrein on June 23rd, 1977 and finally last capital execution in France, that of Hamida Djandoubi on September 10th, 1977. Jacques Chirac, adversary notorious of the capital punishment, concluded her presidency by constitutionalizing her abolition, step initiated in January 2007 by the adoption of the text in first reading at the National Assembly. The senators and the deputies assembled in congress on February 19th, 2007 confirmed by 828 votes against 26 the adoption of this text. The article 66-1 thus written was added to the constitution: “No one cannot be condemned to death. ”

In the United States, thirty-eight of the fifty federate States and the Federal state itself took again this practice after a short suspension in the years 1970. The United States is one of the rare democracies with Japan and India to continue to apply it.

Except in certain American States - which thus restored it - the question of abolition seldom was the subject of consultations chief clerks. In the majority of the countries of the world, including the democracies, the public opinion is rather favorable to the capital punishment, it is however necessary to moderate this situation in the United States. Indeed, the majority of the States authorizing the capital punishment almost do not apply it. Much of them has also a sorrow with perpetuity, which is really carried out (contrary to the sorrows with perpetuity as in France and to Canada which is never entirely accomplished). Only about fifteen States like Texas, Virginia, Florida or California apply it regularly.

The protocol number 6 of the European Convention of the human rights prohibits the capital punishment safe in time of war. This protocol was signed by all the members of the Council of Europe, except Russia. The protocol number the 13 interdict in all circumstances, including in time of war, but of many members did not sign it.

Arguments of Abolition

The arguments of the abolitionists are:

death does not allow any flashback, a possible miscarriage of justice or an injustice in its application would be thus completely irrevocable - whereas a person imprisoned wrongly can always be coming out of prison and compensated. Justice being human, it is impossible to guarantee that such errors cannot arrive. One can quote like example of miscarriage of justice having resulted in the death of innocent celebrates it Affaire of the mail of Lyon. One can also quote the fact that in the United States, the death sentences partly seem to depend on the racial and social disparities of the individuals: a black poor defendant of murder would risk death more a white possibly richer. In China, Teng Xingshan was carried out for the murder of his wife in 1989, whereas one found it in 2005. Moreover, Wang Zhenchuan admits publicly that “the majority of the miscarriage of justices in China are the consequence of consents extorted under torture”. A study of the University of Columbia in the United States showed that nearly 7 death sentences on 10, pronounced between 1973 and 1995, had to be revised by the judges following serious deficiencies with the law.
the capital punishment is in contradiction with the principle of redemption. One gives up the possibility that the criminal can change and to improve, to be able to regret its action and to take again a place in the company. There be in this direction in the United States several debates on the relevance of the execution of criminals who, sometimes twenty years after the facts, had entirely changed. A justice which applies the capital punishment thus locates in a logic of punishment and not of rehabilitation. “Modern” justices of the democracies (except notable for the United States) tending to evolve to a logic of rehabilitation of the criminals rather than a punitive logic, it is logical that they give up this sorrow.
Certains crimes is made in a passion state, where the assassin is unable of any logical reasoning, thinking that the death of its victim is more important than its clean dead. The dissuasive rational side of the law would be then ineffective.
When a murderer commits a crime, it could think of being able to escape justice thereafter. Indeed, there exists always a percentage of crimes not elucidated in each country.
the abolition of capital punishment would not have a dissuasive effect on criminality. In the United States, where the capital punishment is applied, the number of crimes largely exceeds that of other countries where it is not it, as in Western Europe. The criminologist Roger Hood, who studied on the scale of planet the application and the results of the abolition of the capital punishment, concluded that no increase in the homicides was observed and that no research proved that the executions had an effect more dissuasive than the custodial sentences with perpetuity.
To use death to punish a murderer would amount “being lowered on its level” and would not be compatible with the human values.
the judgment can be faded by peripheral and contextual elements, like the service of shown at the time of the audiences, its appearance, the possible racism of the judge or of sworn, the social position of the defendant, the quality of his lawyer… A judgment become unjust because of one or several of the elements quoted previously leading to died of the defendant is unacceptable.
If it is admitted that criminality is partly the consequence of promiscuity and the injustices and frustrations generated by the company (what one calls the extenuating circumstances), consequently, it can be seen as unjust that this same company carries out criminals for faults of which it carries at least a share of responsibility - what consists in transferring a share from the responsibility for shown on the company.
That the State shows a contempt for the human life at the point to kill its subjects for the example is against productive.
the nondemocratic modes can use theoretically if necessary the capital punishment like a legal means definitively to get rid of political opponents (even if in practice, they resort directly to summary executions without being encumbered legal quibbles).
According to Amnesty the USA, the capital punishment would be more expensive than perpetuity. The USA the capital punishment costs on average 1,26 million dollars against 740.000 dollars for a life sentence.
the only great democracies applying the capital punishment nowadays are India, the United States and Japan. The criticism of the capital punishment is sometimes related to a criticism of these companies.
One should not in no case to confuse justice (recognition of the damage undergoes) with revenge (will to cause a wrong). The first can constitute a first step towards a cure of the victim while the second locks up the victims in negative feelings.
the international law can also constitute an obstacle. France being part of the European Union and being thus subjected to the Community legislation, a reform aiming at restoring the capital punishment (as political parties can promise it) would be difficult even impossible to set up because of the European texts. In 1981, the European Parliament decided for the abolition of the capital punishment to a majority of 143 votes (32 against, 20 abstentions). In addition to this vote, the Charter of the basic rights of the European Union stipulates in its article 2 that “no one cannot be condemned to the capital punishment, nor carried out”.
In the Last Day of one condemned (1829), Victor Hugo shows that the capital punishment can appear a crime. Admittedly it kills before a whole criminal, but by doing this it also indirectly kills her old mother and his sick wife who cannot live without her support. Condemned then wonders what will become his/her daughter.

Fight against the capital punishment

Today of many associations or international organizations fight against the capital punishment in the world. One can quote in particular the International federation of human rights (FIDH), Amnesty International, Ensemble against capital punishment (ECPM), or the Action of the Christians for the abolition of torture (ACAT) According to the countries, the abolitionists tackle the death penalty differently. Whereas in Europe it is mainly for reasons morals that the capital punishment was abolished, in the United States, the abolitionists prefer to tackle the capital punishment on its principal weak point, the miscarriage of justices. The reason is that a vast majority of the American population (between 66 and 80% according to the times) does not see a moral disadvantage with the capital punishment.

Famous opponents with the capital punishment

Did many people through the history militate for the abolition of the capital punishment, in particular Beccaria and Victor Hugo (“Whom the law says? You will not kill! How does she say it? While killing! ”). They in general did it for humanistic causes, giving priority to the human life, was this that of the criminal, on the questions of law and order, by considering preferable the sorrow of imprisonment which was less current then. In addition to Beccaria and Victor Hugo, one can add Jean Jaurès “the capital punishment is contrary with the noblest values, it is contrary with the values of Christianity, but also contrary with the ideals of the Revolution. ” The writers Arthur Koestler, Albert Camus and Jean-Paul Sartre. Lastly, more recently, one can note the former President of the Republic François Mitterrand and his old Minister of Justice Robert Badinter

Famous abolitionists

South Africa: Desmond Tutu | Nelson Mandela
Germany: Friedrich Nietzsche | Argentinian Rosa Luxemburg
: Adolfo Pérez Esquivel
Belgium: Baudouin Ier of Belgium, which systematically used the royal pardon until official abolition
China (Tibet): the Dalaï Lama
the United States: George Ryan | John Kerry | John Paul Stevens | Michael Dukakis | Ruth Bader Ginsburg | Stephen Breyer | David Souter | Arthut Goldberg | Clarence Darrow | William O. Douglas | Thurgood Marshall | William J. Brennan | Jesse Jackson
France: Voltaire | Diderot| D' Alembert | Duport, politician of the 18th century | Marquis de Sade | Frederic Bastiat | Robert Badinter (Minister for the Justice of François Mitterrand and principal craftsman of the abolition of the capital punishment in France)| Albert Camus | Jean Ferrat | Victor Hugo| Jean Jaurès | Aristide Briand | Gaston Leroux | François Mitterrand, president who desired the abolition of the capital punishment | Maximilien de Robespierre | Philippe Séguin | Jacques Chirac | Victor Schoelcher | Georges Brassens | Franck Laroze | Shoed Léo | Jean-Paul Sartre.
Iran: Shirin Ebadi
Ireland: John Hume | Mairead Corrigan Maguire | Betty Williams
Italy: Cesare Beccaria | Maria Teresa Di Lascia
Kenya: Wangari Maathai
Poland: Jean-Paul II | Lech Wałęsa | Aleksander Kwaśniewski | Jan Olszewski
Russia: Fedor Dostoïevski

Famous works on the abolition of the capital punishment

the last day of one condemned of Victor Hugo
the Fall of Albert Camus
the Foreigner of Albert Camus
Abolition of Robert Badinter

Internal bonds

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