Execution of criminals and political opponents has been used by nearly all societies—both to punish crime and to suppress political dissent. In most places that practise capital punishment it is reserved for murder, espionage, treason, or as part of military justice. In some countries sexual crimes, such as rape, adultery, incest and sodomy, carry the death penalty, as do religious crimes such as apostasy in Islamic nations (the formal renunciation of the state religion). In many countries that use the death penalty, drug trafficking is also a capital offence. In China, human trafficking and serious cases of corruption are punished by the death penalty. In militaries around the world courts-martial have imposed death sentences for offences such as cowardice, desertion, insubordination, and mutiny.
Anarchist Auguste Vaillantguillotined in France in 1894
The use of formal execution extends to the beginning of recorded history. Most historical records and various primitive tribal practices indicate that the death penalty was a part of their justice system. Communal punishment for wrongdoing generally included compensation by the wrongdoer, corporal punishment, shunning, banishment and execution. Usually, compensation and shunning were enough as a form of justice. The response to crime committed by neighbouring tribes or communities included formal apology, compensation or blood feuds.
A blood feud or vendetta occurs when arbitration between families or tribes fails or an arbitration system is non-existent. This form of justice was common before the emergence of an arbitration system based on state or organised religion. It may result from crime, land disputes or a code of honour. "Acts of retaliation underscore the ability of the social collective to defend itself and demonstrate to enemies (as well as potential allies) that injury to property, rights, or the person will not go unpunished." However, in practice, it is often difficult to distinguish between a war of vendetta and one of conquest.
Severe historical penalties include breaking wheel, boiling to death, flaying, slow slicing, disembowelment, crucifixion, impalement, crushing (including crushing by elephant), stoning, execution by burning, dismemberment, sawing, decapitation, scaphism, necklacing or blowing from a gun.
The Christian Martyrs' Last Prayer, byJean-Léon Gérôme (1883). RomanColosseum.
Islam on the whole accepts capital punishment, and the Abbasid Caliphs in Baghdad, such as Al-Mu'tadid, were often cruel in their punishments.Nevertheless, mercy is considered preferable in Islam and in Sharia law the victim's family can choose to spare the life of the killer, which is not uncommon. In the One Thousand and One Nights, also known as the Arabian Nights, the fictional storyteller Sheherazade is portrayed as being the "voice of sanity and mercy", with her philosophical position being generally opposed to punishment by death. She expresses this through several of her tales, including "The Merchant and the Jinni", "The Fisherman and the Jinni", "The Three Apples", and "The Hunchback".
The breaking wheel was used during the Middle Ages and was still in use into the 19th century.
Elaborations of tribal arbitration of feuds included peace settlements often done in a religious context and compensation system. Compensation was based on the principle of substitutionwhich might include material (for example, cattle, slave) compensation, exchange of brides or grooms, or payment of the blood debt. Settlement rules could allow for animal blood to replace human blood, or transfers of property or blood money or in some case an offer of a person for execution. The person offered for execution did not have to be an original perpetrator of the crime because the system was based on tribes, not individuals. Blood feuds could be regulated at meetings, such as the Viking things. Systems deriving from blood feuds may survive alongside more advanced legal systems or be given recognition by courts (for example, trial by combat). One of the more modern refinements of the blood feud is the duel.