Isabella Carter
Hanging has been a method of execution since the colonial era in the United States. The practice has been carried out in various countries, including the United States, Germany, Afghanistan, and Australia. In 1972, the Supreme Court of the United States deemed capital punishment to be in violation of the Eighth Amendment, but this ruling was overturned four years later, and capital punishment was reinstated. The question of whether hanging is constitutional has been the subject of debate, with some arguing that it is a cruel and unusual punishment prohibited by the Constitution. The book *Hanging by a Thread: The Rebirth of Our Dying Constitution*, by Richard N. Skousen, explores the importance of the Constitution and the need to return to its precepts.
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What You'll Learn
- Hanging was a method of execution in Colonial America
- The US Constitution prohibits cruel and unusual punishment
- The US Supreme Court deemed capital punishment a violation of the Eighth Amendment in 1972
- The Court overturned its ruling in 1976, and capital punishment was legalised
- Only New Hampshire has a law specifying hanging as a secondary method of execution
Hanging was a method of execution in Colonial America
Hanging has been practised legally in the United States of America from before the nation's birth up until 1972 when the United States Supreme Court found capital punishment to be in violation of the Eighth Amendment to the United States Constitution. The Eighth Amendment prohibits "cruel and unusual punishment". Hanging was deemed cruel as it often involved festivities during which a body was left suspended for an entire day, and the victim suffered the slow strangulation and agonising death.
Hangings during the colonial era of America were mostly performed publicly to deter the behaviour for which the criminals were hanged. Thousands of townspeople would gather around the gallows to hear a sermon and observe the hangings of convicted criminals. Such experiences were deemed to be good lessons on morality for the children and townspeople.
During the early part of the nineteenth century, hangings were still conducted in public for all to witness. However, by 1836, Pennsylvania only hanged criminals convicted of murder in the first degree. By 1835, five states—Pennsylvania, New York, New Jersey, Rhode Island, and Massachusetts—had enacted laws providing for private hangings.
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The US Constitution prohibits cruel and unusual punishment
Hanging has been practised legally in the United States since before the nation's birth. However, in 1972, the United States Supreme Court found capital punishment to be in violation of the Eighth Amendment to the United States Constitution. Four years later, the Supreme Court overturned its previous ruling, and in 1976, capital punishment was again legalised in the United States.
The Eighth Amendment (Amendment VIII) to the United States Constitution protects against imposing excessive bail, excessive fines, or cruel and unusual punishments. The phrases in this amendment originated in the English Bill of Rights of 1689, which prohibited "cruell and unusuall punishments". In 1776, George Mason included a prohibition of cruel and unusual punishments in the Declaration of Rights he drafted for the Commonwealth of Virginia. In 1791, this same prohibition became the central component of the Eighth Amendment to the United States Constitution.
The Eighth Amendment serves as a limitation upon the state or federal government to impose unduly harsh penalties on criminal defendants before and after a conviction. The amendment applies equally to the price for obtaining pretrial release and the punishment for crime after conviction. For example, in Timbs v. Indiana, the Supreme Court ruled that the Excessive Fines Clause applies to state and local governments under the Due Process Clause of the Fourteenth Amendment.
The prohibition against cruel and unusual punishments has led courts to hold that the Constitution totally prohibits certain kinds of punishment, such as drawing and quartering. Under the Cruel and Unusual Punishment Clause, the Supreme Court has struck down the application of capital punishment in some instances, but capital punishment is still permitted in some cases. For example, in Bucklew v. Precythe (2019), the Supreme Court held that the Due Process Clause expressly allows the death penalty in the United States because "the Fifth Amendment, added to the Constitution at the same time as the Eighth, expressly contemplates that a defendant may be tried for a 'capital' crime and 'deprived of life' as a penalty, so long as proper procedures are followed".
The question of what constitutes "cruel and unusual punishment" is a complex one, and the Supreme Court has provided some guidance on this issue. For instance, in Weems v. United States (1910), the Court referenced an earlier death-sentence case, In re Kemmler from 1890, which held that the first use of the electric chair was constitutional under the Fourteenth Amendment. The Court in Kemmler stated that "punishments are cruel when they involve torture or a lingering death; but the punishment of death is not cruel, within the meaning of that word as used in the Constitution".
In conclusion, while the US Constitution prohibits cruel and unusual punishment, the interpretation of this clause has evolved over time and is subject to ongoing legal debate. The Eighth Amendment's Cruel and Unusual Punishment Clause has been interpreted to allow for the death penalty in certain circumstances, but it also serves as an important limitation on the government's power to impose harsh penalties.
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The US Supreme Court deemed capital punishment a violation of the Eighth Amendment in 1972
Hanging has been practised legally in the United States since before the nation's founding. However, this changed in 1972 when the US Supreme Court deemed capital punishment a violation of the Eighth Amendment. The Eighth Amendment forbids "cruel and unusual punishments".
In Furman v. Georgia, the Supreme Court decided that the death penalty was per se a violation of human dignity and thus constituted cruel and unusual punishment in violation of the Eighth Amendment. The ruling was complicated, and the Court was split. However, Justices Marshall and Brennan expressed the view that the death penalty was always unconstitutional. They believed that the death penalty was cruel and unusual punishment prohibited by the Eighth and Fourteenth Amendments.
The Furman v. Georgia ruling was not the first time the Supreme Court had considered the constitutionality of capital punishment. In 1890, the Court ruled that the first use of the electric chair was constitutional under the Fourteenth Amendment. Later, the Court ruled that it was permissible to execute a person with the electric chair for a second time after a first attempt failed. However, in 1910, the Court broadened its criteria in a decision called Weems v. United States, which dealt with cruel and unusual punishment.
The Eighth Amendment issue of the general method of executions has rarely been defined by the Court. The word "unusual" in the Eighth Amendment originally meant "contrary to long usage" or "new", rather than "rare". This means that a punishment is cruel and unusual if it is "cruel in light of long usage", or cruel in comparison to longstanding prior practice or tradition. The Court has, throughout its history, ruled that certain practices are unconstitutional or indecent, even when they were popular.
In 1976, four years after Furman v. Georgia, the Supreme Court overturned its previous ruling, and capital punishment was again legalised in the United States. However, the debate over capital punishment and the Eighth Amendment continues. The most conservative Supreme Court in a century has not yet fully put its stamp on the death penalty in America. The departure of two justices who supported key limitations on the death penalty and expanded protections for prisoners has raised questions about the future of the Eighth Amendment as it relates to capital punishment.
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The Court overturned its ruling in 1976, and capital punishment was legalised
Hanging is an ancient method of execution that was prevalent in Roman, Anglo-Saxon, English, French, and German law. Hanging as a form of punishment was common until the abolition of capital punishment in the United Kingdom in 1965. This method of execution has been widely debated, and the Law Commission of India has recommended transitioning to more advanced methods.
In the United States, the Supreme Court's Furman v. Georgia decision in 1972 marked a significant shift in the country's approach to capital punishment. The Court ruled that the arbitrary and inconsistent imposition of the death penalty violated the Eighth and Fourteenth Amendments, constituting cruel and unusual punishment. This decision invalidated the death sentences of nearly 700 individuals and imposed a de facto moratorium on capital punishment nationwide.
However, public opinion shifted dramatically following the Furman decision, with increasing support for capital punishment. This shift was driven by the politicization of the death penalty and its use as a "'tough-on-crime' strategy". As a result, 35 states rewrote their laws to comply with the Court's ruling in Furman, and in 1976, the Supreme Court issued a series of decisions known as the Gregg cases.
In these 1976 decisions, the Court clarified its stance on capital punishment, stating that it was not inherently unconstitutional. The Court upheld the death penalty under limited circumstances, rejecting automatic sentencing and requiring that death sentences be characterized by consistency and careful consideration. This series of decisions effectively legalized capital punishment in the United States once again, though with stricter guidelines and standards to address the concerns of arbitrariness and capriciousness.
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Only New Hampshire has a law specifying hanging as a secondary method of execution
Hanging has been practised legally in the United States since before the nation's birth. However, in 1972, the United States Supreme Court deemed capital punishment to be in violation of the Eighth Amendment to the United States Constitution. Four years later, the Supreme Court reversed its previous ruling, and in 1976 capital punishment was once again legalised in the United States.
Despite this, hanging has been largely replaced by other methods of execution, such as the electric chair and lethal injection. In 1835, five states – Pennsylvania, New York, New Jersey, Rhode Island, and Massachusetts – enacted laws providing for private hangings. In 1849, 15 more states followed suit. However, hangings were still often performed publicly during the colonial era of America, with thousands of townspeople gathering to witness the execution of convicted criminals. Such events were considered good lessons on morality for the children and townspeople.
In the early 19th century, hangings were common, and individuals such as Benjamin Rush laid the foundation for death penalty abolition movements. Rush published a pamphlet in 1807, in which he argued that "the punishment of murder by death is contrary to reason, and to the order and happiness of society, and contrary to divine revelation." Despite this, hanging was one of the methods of execution in Colonial America, and it continued to be used during the Salem witch trials of the early 1690s, where most convicted of witchcraft were sentenced to public hanging.
Today, only New Hampshire has a law specifying hanging as a secondary method of execution, applicable to only one person who was sentenced to capital punishment by the state prior to its repeal in 2019. This person is Michael K. Addison, convicted in 2008 of the 2006 murder of on-duty police officer Michael Briggs.
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Frequently asked questions
No, hanging is not part of the US Constitution. The US Constitution prohibits "cruel and unusual punishment". Hanging is considered a form of cruel punishment.
Yes, hanging has been practiced legally in the United States from before the nation's birth up until 1972 when the US Supreme Court found capital punishment to be in violation of the Eighth Amendment to the US Constitution. In 1976, capital punishment was again legalized in the United States.
During the Salem witch trials in the early 1690s, most individuals convicted of witchcraft were sentenced to public hanging. In 1862, President Abraham Lincoln sanctioned the hanging of 39 Sioux Indians convicted of murdering white settlers in Mankato, Minnesota. This mass execution remains the largest of its kind in US history.
