Anthony Amsterdam refers to capital punishment as a fancy phrase for legally killing people. The term refers to death by beheading of the accused. It takes its meaning from the Latin term ‘capita‘, meaning head. Since its early beginnings, the system of capital punishment was continually revised to reflect the ever-changing list of capital crimes, new forms of punishment for capital offenses, various degrees of murder punishable by death and sentencing regulations.
Exactly what are the crimes that require a government to put so many of its own to death and with such public support from its people? America’s early experimentation with capital punishment unquestionably viewed murder and treason, as crimes punishable by death. Since that time, many states have adopted a list of crimes which are considered as capital crimes and are punishable by death or by life imprisonment. In some states, particularly North Carolina and Georgia, the list became so extensive that it was considered, by many as excessive, in violation of the Eighth Amendment.
As the nation grew and ideas and values changed, the list of capital offenses was reduced to an acceptable seven offenses that were upheld by the courts. More recently, the list was further revised to include: treason, rape, murder (aggravated, lstdegree, while in prison), kidnapping (resulting in death), aircraft hijacking, certain drug offenses and armed robbery (laws and crimes vary by state).
Executions for capital crimes were carried out by hanging, shooting, gassing and electrocuting. Each of these forms have been argued at some point as cruel and unusual punishments. Each have been argued from the point of their constitutionality and based upon a variety of positions from theological, moral, emotional, social, practical and legal views. Many have been successfully defended by the courts and advocated by supporters of the death penalty.