The hammurabi code capital punishment and the criminal justice system

An Eye for an Eye "Hammurabi, the king of righteousness, on whom Shamash has conferred the law, am I. The code was found by French archaeologists in while excavating the ancient city of Susa, which is in modern-day Iran.

The hammurabi code capital punishment and the criminal justice system

History Anarchist Auguste Vaillant guillotined in France in Execution of criminals has been used by nearly all societies since the beginning of civilizations on Earth.

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 punishmentshunningbanishment and execution.

Usually, compensation and shunning were enough as a form of justice.

The hammurabi code capital punishment and the criminal justice system

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 organized religion.

It may result from crime, land disputes or a code of honour. In most countries that practise capital punishment it is now reserved for murderterrorismwar crimesespionagetreasonor as part of military justice.

In some countries sexual crimes, such as rapefornicationadulteryincest and sodomycarry the death penalty, as do religious crimes such as Hudud and Qisas crimes, such as apostasy formal renunciation of the state religionblasphemymoharebehhirabahFasadMofsed-e-filarz and witchcraft.

In many countries that use the death penaltydrug trafficking is also a capital offence. In Chinahuman trafficking and serious cases of corruption and financial crimes are punished by the death penalty.

In militaries around the world courts-martial have imposed death sentences for offences such as cowardicedesertioninsubordinationand mutiny. 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 substitution which 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 Norsemen things.

One of the more modern refinements of the blood feud is the duel. In certain parts of the world, nations in the form of ancient republics, monarchies or tribal oligarchies emerged. These nations were often united by common linguistic, religious or family ties.

Moreover, expansion of these nations often occurred by conquest of neighbouring tribes or nations. Consequently, various classes of royalty, nobility, various commoners and slave emerged.

Accordingly, the systems of tribal arbitration were submerged into a more unified system of justice which formalized the relation between the different "classes" rather than "tribes". The Torah Jewish Lawalso known as the Pentateuch the first five books of the Christian Old Testamentlays down the death penalty for murder, kidnappingmagicviolation of the Sabbathblasphemyand a wide range of sexual crimes, although evidence suggests that actual executions were rare.

The Romans also used death penalty for a wide range of offences. When abolishing the death penalty Xuanzong ordered his officials to refer to the nearest regulation by analogy when sentencing those found guilty of crimes for which the prescribed punishment was execution.

Thus depending on the severity of the crime a punishment of severe scourging with the thick rod or of exile to the remote Lingnan region might take the place of capital punishment. However, the death penalty was restored only 12 years later in in response to the An Lushan Rebellion.

Under Xuanzong capital punishment was relatively infrequent, with only 24 executions in the year and 58 executions in the year Decapitation was the method of execution prescribed for more serious crimes such as treason and sedition.A number of important capital punishment decisions have been made by the Supreme Court.

The following is a list of the more important ones along with their legal citations: Wilkerson v. The discovery of the now celebrated Code of Hammurabi (hereinafter simply termed the Code) has, however, made a more systematic study possible than could have resulted from the classification and interpretation of the other material.

Capital punishment, also known as the death penalty, is a government-sanctioned practice whereby a person is killed by the state as a punishment for a crime.

The sentence that someone be punished in such a manner is referred to as a death sentence, whereas the act of carrying out the sentence is known as an execution. The Code of Hammurabi If a man has come forward in a lawsuit for the witnessing of false things, and has not proved the thing that he said, if that lawsuit is a capital case, that man shall be put to death.

Capital Punishment: Biblical or Barbaric? is about slavery. We said that that was absolutely remarkable. If you look at the code of Hammurabi, he never gets to slavery until the very end of that code and when he does, it's all about the rights of the master.

The criminal justice system is flawed with racial disparities and therefore the. Find general information about Capital Punishment in the United States. Connect to other Capital Punishment in the United States - related sites.

View studies in the series. Capital Punishment Data. This series of studies contains a descriptive analysis of confinement facilities and state-operated community-based correctional facilities nationwide.

An Eye for an Eye: Code of Hammurabi Punishments - Eye for an Eye | HowStuffWorks