The death penalty is one of the oldest and most controversial punishments in human history. It has accompanied the development of state systems of order since the earliest advanced civilizations and reflects the moral, religious, political, and legal ideas of its time. Its history is closely linked to questions of justice, power, deterrence, retribution, and the value of human life.
1. EARLY HISTORY AND ANTIQUITY
Even in the earliest known societies, forms of state or community-sanctioned killing existed as punishment for serious crimes. In tribal societies, the killing of offenders often served to restore a disturbed balance, for example in the context of blood feuds or clan liability.
An early written record of the death penalty can be found in the Code of Hammurabi (c. 1750 BC) in ancient Babylon. This body of law provided for the death penalty for a variety of offenses, including murder, theft, adultery, and false accusations. The principle of retribution (“an eye for an eye, a tooth for a tooth”) formed the central basis of this criminal practice.
The death penalty was also widespread in ancient Egypt. It was imposed primarily for high treason, temple robbery, or serious religious offenses and was considered a protective measure to maintain the divine order (Ma’at).
In the ancient Greek world, there were different legal traditions. While draconian law in Athens (7th century BC) threatened almost every offense with death, more differentiated penal systems developed later. The execution of the philosopher Socrates in 399 BC by poison is a well-known example of state-legitimized capital punishment.
In the Roman Empire, capital punishment was a central instrument of state power. It was carried out in various forms, including crucifixion, beheading, or “ad bestias” (being thrown to wild animals). The type of execution depended heavily on social status: citizens were usually beheaded, while slaves and non-citizens were subjected to particularly cruel punishments.
2. RELIGIOUS INFLUENCES IN THE MIDDLE AGES
With the spread of monotheistic religions, the death penalty gained additional religious legitimacy. The Hebrew Bible lists numerous offenses that are punishable by death. At the same time, high legal hurdles developed within Judaism, making actual executions rare.
In the Christian Middle Ages, ancient ideas about punishment were combined with theological concepts of sin, guilt, and divine order. Although Christianity emphasizes the prohibition of killing, ecclesiastical and secular authorities justified the death penalty as a necessary means of preserving the common good.
In the European Middle Ages, the death penalty was omnipresent. Public executions served as a deterrent and a demonstration of power. Crimes such as theft, high treason, heresy, or witchcraft could be punished by death. The witch hunts of the early modern period in particular led to thousands of executions based on torture, denunciation, and religious fanaticism.
3. EARLY MODERN PERIOD AND THE ENLIGHTENMENT
Until the 18th century, the death penalty remained a natural part of criminal justice. It was not until the Enlightenment that fundamental criticism began. In his 1764 work “On Crimes and Punishments,” Italian jurist Cesare Beccaria argued that the death penalty was neither necessary nor effective and that the state had no right to take life.
These ideas influenced numerous reforms. In 1786, Tuscany became the first state in the world to completely abolish the death penalty. In many European countries, capital crimes were reduced and cruel methods of execution were abolished.
4. THE DEATH PENALTY IN THE UNITED STATES OF AMERICA
The history of the death penalty in the US occupies a special place, as it combines European legal traditions with colonial, federal, and social peculiarities.
The death penalty was already widespread in the British colonies of North America in the 17th century. It was strongly based on English criminal law, which punished numerous offenses—including theft, blasphemy, and adultery—with death. The Puritan-influenced colonies of New England closely linked criminal sanctions with religious moral concepts.
After the Declaration of Independence in 1776, the United States incorporated the death penalty into its legal systems. At the same time, reform movements began to emerge. Individual states reduced the number of capital crimes or abolished public executions. Nevertheless, the death penalty remained firmly entrenched, especially for murder and treason.
In the 19th century, the death penalty in the US took on an additional social dimension: it was closely linked to racism and social inequality. African Americans were disproportionately sentenced to death, especially in the South. The practice of lynching, although officially illegal, effectively complemented the state’s monopoly on the use of force and had a lasting impact on the climate of criminal prosecution.
In the 20th century, a more legally oriented discourse developed. In 1972, in the case of Furman v. Georgia, the Supreme Court declared the then-current application of the death penalty to be unconstitutional due to arbitrary and discriminatory practices. As a result, numerous states suspended executions.
However, as early as 1976, the Supreme Court allowed the reintroduction of the death penalty under stricter procedural conditions in Gregg v. Georgia. Since then, a federally fragmented system has existed in the US: while some states have abolished the death penalty, others continue to apply it.
The US is now one of the few Western democracies that still retains the death penalty. The debate is highly politicized and revolves around deterrence, justice for victims, miscarriages of justice, and the ethical legitimacy of state killing. Numerous documented miscarriages of justice and subsequent acquittals have further intensified the criticism.
5. THE DEATH PENALTY IN ISLAM
In Islamic countries, the death penalty is part of legal practice to varying degrees. Its application is based on a combination of religious law (Sharia), state legislation, historical tradition, and political interpretation. There is no uniform Islamic legal system; rather, the significance of the death penalty varies greatly between individual states, depending on the importance of religious law in the respective legal system.
Religious legitimacy is based on the Koran, the Sunnah, and classical Islamic jurisprudence. This distinguishes between several categories of crimes. The so-called hudud crimes include adultery, armed robbery, and, in certain interpretations, apostasy. In theory, the death penalty can be imposed for such crimes, but the burden of proof is traditionally very high. Qisas law also plays a central role, especially in cases of murder. It follows the principle of retribution, but expressly allows for forgiveness or the payment of blood money, which can prevent an execution. In addition, there is an area of judicial discretion known as Taʿzir crimes, in which the death penalty is imposed in some states even for non-religiously motivated offenses such as serious drug offenses or political crimes.
The methods of execution vary from country to country. Common forms include beheading, shooting, hanging, and, in rare cases, stoning. Some executions are carried out publicly to serve as a deterrent. The reasons for death sentences range from murder and terrorism to armed robbery, adultery, blasphemy, or political opposition, which is strongly criticized internationally.
Human rights organizations particularly criticize the lack of due process, discrimination against minorities, and the political instrumentalization of religious norms. At the same time, reform-minded Islamic legal scholars point out that mercy and the protection of life are central principles of Islam and that current practice in some countries is motivated more by politics than by religion. In several states, therefore, there are signs of moves to restrict or suspend the death penalty.
6. THE 20TH CENTURY AND TOTALITARIAN SYSTEMS
In the 20th century, the death penalty took on extreme forms in totalitarian regimes. Under National Socialism, it was massively expanded and abused for the systematic suppression of political opponents. In the Stalin era of the Soviet Union, it also served as an instrument of political purges.
These experiences led to a fundamental reassessment of state violence after the Second World War.
7. THE DEATH PENALTY AFTER WORLD WAR II
The protection of human rights became a central focus of international politics. The Universal Declaration of Human Rights of 1948 strengthened the right to life and influenced numerous abolitionist movements.
In Europe, the death penalty was gradually abolished and is now considered incompatible with the fundamental values of the European Union. International agreements oblige signatory states to abolish or at least refrain from applying it.
At the same time, the death penalty remained in place in parts of the world, including the US, China, Iran, Saudi Arabia, and other countries.
8. PRESENT AND OUTLOOK
Today, most countries have abolished the death penalty or no longer apply it. Nevertheless, it remains a central topic of global ethical and legal debates. Critics emphasize the irreversibility of miscarriages of justice, structural discrimination, and the violation of human dignity.
Proponents argue that it acts as a deterrent, provides justice for victims, and protects society from the most serious crimes.
The history of the death penalty shows that it is less a static legal instrument than a reflection of social values, power relations, and moral concepts. The ongoing debate—especially in the US—makes it clear that the question of the legitimacy of state killing has not been conclusively answered, even in modern democracies.