The courts of appeal in Sweden and in Finland, also known as hovrätt in Swedish and hovioikeus in Finnish (literally 'Royal Court'), deal with appeals against decisions of the district courts . They also are responsible for supervising the operations of the district courts in their judicial district.
122-645: The courts of appeal in Sweden were the highest judicial body until King Gustav III founded the Supreme Court of Sweden in 1789. Today, these courts function mostly as appellate courts . They are the second highest general courts in both Sweden and Finland . There are six courts of appeal in Sweden, and five in Finland. The first hovrätt, Svea Court of Appeal , was founded 1614 in Stockholm . In Finland, then part of Sweden ,
244-407: A coup de main . Once Finland was secured, he intended to embark for Sweden, join up with the king and his friends near Stockholm , and force the estates to accept a new constitution dictated by the king. At this juncture, the plotters were reinforced by Johan Christopher Toll , another victim of Cap oppression. Toll proposed to raise a second revolt in the province of Scania , and to secure
366-471: A global moratorium on executions , with support for eventual abolition. Execution of criminals and dissidents has been used by nearly all societies since the beginning of civilisations on Earth. Until the nineteenth century, without developed prison systems, there was frequently no workable alternative to ensure deterrence and incapacitation of criminals. In pre-modern times the executions themselves often involved torture with painful methods, such as
488-461: A "Great Power" scale, and the navy was so enlarged as to become one of the most formidable in Europe. The dilapidated finances were set in good order by the " currency realization ordinance " of 1776. Gustav also introduced new national economic policies. In 1775, free trade in grain was promoted and several oppressive export tolls were abolished. The poor law was amended, and limited religious liberty
610-546: A basic right in its Poljica Statute of 1440. Sir Thomas More 's Utopia , published in 1516, debated the benefits of the death penalty in dialogue form, coming to no firm conclusion. More was himself executed for treason in 1535. More recent opposition to the death penalty stemmed from the book of the Italian Cesare Beccaria Dei Delitti e Delle Pene (" On Crimes and Punishments "), published in 1764. In this book, Beccaria aimed to demonstrate not only
732-530: A cherry tree in an orchard. In 1820, there were 160, including crimes such as shoplifting, petty theft or stealing cattle. The severity of the so-called Bloody Code was often tempered by juries who refused to convict, or judges, in the case of petty theft, who arbitrarily set the value stolen at below the statutory level for a capital crime. In Nazi Germany , there were three types of capital punishment; hanging, decapitation, and death by shooting. Also, modern military organisations employed capital punishment as
854-491: A coffin while desecrating a tomb. Decapitation was the method of execution prescribed for more serious crimes such as treason and sedition. Despite the great discomfort involved, most of the Tang Chinese preferred strangulation to decapitation, as a result of the traditional Tang Chinese belief that the body is a gift from the parents and that it is, therefore, disrespectful to one's ancestors to die without returning one's body to
976-579: A few actively retain it; less than half of countries in Africa retain it; and the majority of countries in Asia retain it, for example, China , Japan and India . Abolition was often adopted due to political change, as when countries shifted from authoritarianism to democracy, or when it became an entry condition for the EU. The United States is a notable exception: some states have had bans on capital punishment for decades,
1098-439: A form of deterrence as opposed to retribution, can be traced back to Cesare Beccaria , whose influential treatise On Crimes and Punishments (1764) was the first detailed analysis of capital punishment to demand the abolition of the death penalty. In England, Jeremy Bentham (1748–1832), the founder of modern utilitarianism, called for the abolition of the death penalty. Beccaria, and later Charles Dickens and Karl Marx noted
1220-528: A guarantee by the Swedish Riksdag for the observance of peace in the future ("as it would be imprudent to confide in his good faith alone"). The Treaty of Värälä spared Sweden from any such humiliating concession, and in October 1791, Gustav concluded an eight years' defensive alliance with the empress, who thereby bound herself to pay her new ally an annual subsidy of 300,000 rubles. Gustav next aimed at forming
1342-518: A league of princes against the revolutionary government in France, and subordinated every other consideration to this goal. His profound knowledge of popular assemblies enabled him, alone among contemporary sovereigns, to gauge the scope of the French Revolution accurately from the first. He was hampered, however, by financial restrictions and lack of support from the other European powers. Then, after
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#17328439994661464-571: A lifelong correspondence. His visit to the French capital was, however, no mere pleasure trip; it was also a political mission. Confidential agents from the Swedish court had already prepared the way for him, and the Duke of Choiseul , the retired Chief Minister, resolved to discuss with him the best method of bringing about a revolution in France's ally, Sweden. Before he departed, the French government undertook to pay
1586-407: A means of maintaining military discipline. In the past, cowardice , absence without leave, desertion , insubordination , shirking under enemy fire and disobeying orders were often crimes punishable by death (see decimation and running the gauntlet ). One method of execution, since firearms came into common use, has also been firing squad, although some countries use execution with a single shot to
1708-418: A means of protection of the latter vis-à-vis criminals. In the last several centuries, with the emergence of modern nation states , justice came to be increasingly associated with the concept of natural and legal rights . The period saw an increase in standing police forces and permanent penitential institutions. Rational choice theory , a utilitarian approach to criminology which justifies punishment as
1830-417: A more unified system of justice which formalized the relation between the different "social classes" rather than "tribes". The earliest and most famous example is Code of Hammurabi which set the different punishment and compensation, according to the different class or group of victims and perpetrators. The Torah/Old Testament lays down the death penalty for murder, kidnapping, practicing magic, violation of
1952-484: A religious context and compensation system. Compensation was based on the principle of substitution which might include material (for example, cattle, slaves, land) 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
2074-427: A result, tens of thousands of women were prosecuted for witchcraft and executed through the witch trials of the early modern period (between the 15th and 18th centuries). The death penalty also targeted sexual offences such as sodomy . In the early history of Islam (7th–11th centuries), there is a number of "purported (but mutually inconsistent) reports" ( athar ) regarding the punishments of sodomy ordered by some of
2196-694: A series of attempts to re-capture the Swedish Baltic dominions lost during the Great Northern War through the failed war with Russia . Nonetheless, his successful leadership in the Battle of Svensksund averted a complete military defeat and signified that Swedish military might was to be countenanced after its major defeats earlier in the century. An admirer of Voltaire , Gustav legalised Catholic and Jewish presence in Sweden, and enacted wide-ranging reforms aimed at economic liberalism , social reform and
2318-548: A significant proportion of income to the Islamic states while conversely reducing many Christians to poverty, and these financial and social hardships forced many Christians to convert to Islam. Christians unable to pay these taxes were forced to surrender their children to the Muslim rulers as payment who would sell them as slaves to Muslim households where they were forced to convert to Islam . Many Christian martyrs were executed under
2440-567: A six-year moratorium on executions after the Peshawar school massacre during which 132 students and 9 members of staff of the Army Public School and Degree College Peshawar were killed by Tehrik-i-Taliban Pakistan terrorists, a group distinct from the Afghan Taliban , who condemned the attack. Since then, Pakistan has executed over 400 convicts. In 2017, two major countries, Turkey and
2562-453: A sovereign collectivity, identifies itself with positive or the law in force of the city. In fact, it finds its guarantee in the death penalty which threatens all those who do not respect it." Plato saw the death penalty as a means of purification, because crimes are a "defilement". Thus, in the Laws , he considered necessary the execution of the animal or the destruction of the object which caused
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#17328439994662684-431: A speech that aroused powerful emotions. It was the first time in more than a century that a Swedish king had addressed a Swedish Riksdag in its native tongue. He stressed the need for all parties to sacrifice their animosities for the common good, and volunteered, as "the first citizen of a free people," to be the mediator between the contending factions. A composition committee was actually formed, but it proved illusory from
2806-850: A status beyond one's control, or without employing any significant due process procedures. Judicial murder is the intentional and premeditated killing of an innocent person by means of capital punishment. For example, the executions following the show trials in the Soviet Union during the Great Purge of 1936–1938 were an instrument of political repression. The top 3 countries by the number of executions are China , Iran and Saudi Arabia . As of 2021, 56 countries retain capital punishment , 111 countries have completely abolished it de jure for all crimes, seven have abolished it for ordinary crimes (while maintaining it for special circumstances such as war crimes), and 24 are abolitionist in practice. Although
2928-473: A thousand cuts, was used from the close of the Tang dynasty (around 900) to its abolition in 1905. When a minister of the fifth grade or above received a death sentence the emperor might grant him a special dispensation allowing him to commit suicide in lieu of execution. Even when this privilege was not granted, the law required that the condemned minister be provided with food and ale by his keepers and transported to
3050-480: A trend toward abolishing capital punishment. Capital punishment has been completely abolished by 108 countries, a further seven have done so for all offences except under special circumstances and 26 more have abolished it in practice because they have not used it for at least 10 years and are believed to have a policy or established practice against carrying out executions. In the United States between 1972 and 1976
3172-647: A turning-point in Gustav's history. Henceforth he showed a growing determination to rule without a parliament, a cautious and gradual passage from semi-constitutionalism to semi-absolutism . At the same time, his foreign policy became more adventurous. At first he sought to gain Russian support to acquire Norway from Denmark . When Catherine the Great refused to abandon her ally Denmark, Gustav declared war on Russia in June 1788, while it
3294-402: A way that would increase the power of the crown. But the victorious Hat party , which mainly represented the interests of the aristocracy and military establishment, refused to redeem the pledges that they had given before the previous elections. "That we should have lost the constitutional battle does not distress us so much", wrote Gustav, in the bitterness of his heart; "but what does dismay me
3416-749: A young child caused significant political disruptions within the royal family. Gustav's parents taught him to despise the governors imposed upon him by the Riksdag, and the atmosphere of intrigue and duplicity in which he grew up made him precociously experienced in the art of dissimulation. Even his most hostile teachers were amazed by his combination of natural gifts. Gustav married Princess Sophia Magdalena , daughter of King Frederick V of Denmark , by proxy in Christiansborg Palace , Copenhagen, on 1 October 1766 and in person in Stockholm on 4 November 1766. Gustav
3538-495: Is better and more satisfactory to acquit a thousand guilty persons than to put a single innocent man to death." He argued that executing an accused criminal on anything less than absolute certainty would lead to a slippery slope of decreasing burdens of proof , until we would be convicting merely "according to the judge's caprice". Maimonides's concern was maintaining popular respect for law, and he saw errors of commission as much more threatening than errors of omission. While during
3660-556: Is commonly referred to as being "on death row ". Etymologically, the term capital ( lit. ' of the head ' , derived via the Latin capitalis from caput , "head") refers to execution by beheading , but executions are carried out by many methods , including hanging , shooting , lethal injection , stoning , electrocution , and gassing . Crimes that are punishable by death are known as capital crimes , capital offences , or capital felonies , and vary depending on
3782-496: Is controversial, with many people, organisations, and religious groups holding differing views on whether it is ethically permissible. Amnesty International declares that the death penalty breaches human rights, specifically "the right to life and the right to live free from torture or cruel, inhuman or degrading treatment or punishment." These rights are protected under the Universal Declaration of Human Rights , adopted by
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3904-467: Is no factual basis for the assumption that Gustav III was homosexual. When his second son was born, there was no doubt as to his legitimacy, and the boy was strong and healthy. King Gustav was especially fond of him and suffered obvious and severe mental and physical reactions to the baby's illness and death. The spring of 1783 has been considered a turning point in the king's personality. After his controversial mother's death in 1782, he found consolation in
4026-466: 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. "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." In most countries that practice capital punishment, it
4148-483: Is now reserved for murder, terrorism, war crimes, espionage, treason, or as part of military justice. In some countries, sexual crimes , such as rape, fornication , adultery , incest , sodomy , and bestiality carry the death penalty, as do religious crimes such as Hudud , Zina , and Qisas crimes, such as apostasy (formal renunciation of the state religion ), blasphemy , moharebeh , hirabah , Fasad , Mofsed-e-filarz and witchcraft. In many countries that use
4270-452: Is to see my poor nation so sunk in corruption as to place its own felicity in absolute anarchy ." Gustav found greater success abroad. From 4 February to 25 March 1771, Gustav was in Paris , where he carried both the court and the city by storm. The poets and the philosophers paid him enthusiastic homage, and distinguished women testified to his superlative merits. With many of them he maintained
4392-619: The Abbasid caliphs in Baghdad (most notably al-Mu'tadid ), were often cruel in their punishments. In early modern England, the Buggery Act 1533 stipulated hanging as punishment for " buggery ". James Pratt and John Smith were the last two Englishmen to be executed for sodomy in 1835. In 1636 the laws of Puritan governed Plymouth Colony included a sentence of death for sodomy and buggery. The Massachusetts Bay Colony followed in 1641. Throughout
4514-790: The Age of Liberty , he initiated a campaign to restore a measure of royal autocracy . This was completed by the Union and Security Act of 1789, which swept away most of the powers exercised by the Swedish Riksdag of the estates during the Age of Liberty, but at the same time it opened up the government for all citizens, thereby breaking the privileges of the nobility. A believer in enlightened absolutism , Gustav spent considerable public funds on cultural ventures, which were controversial among his critics, as well as military attempts to seize Norway with Russian aid, then
4636-513: The Cultural Revolution (1966–1976). Partly as a response to such excesses, civil rights organisations started to place increasing emphasis on the concept of human rights and an abolition of the death penalty. By continent, all European countries but one have abolished capital punishment; many Oceanian countries have abolished it; most countries in the Americas have abolished its use, while
4758-504: The Northern Accord sought by the Russian vice-chancellor, Count Nikita Panin . It seemed to many that only a swift and sudden coup d'état could preserve Sweden's independence. Gustav III was approached by Jacob Magnus Sprengtporten , a Finnish nobleman, who had incurred the enmity of the Caps, with the prospect of a revolution. He undertook to seize the fortress of Sveaborg in Finland by
4880-913: The Philippines , saw their executives making moves to reinstate the death penalty. In the same year, passage of the law in the Philippines failed to obtain the Senate's approval. On 29 December 2021, after a 20-year moratorium, the Kazakhstan government enacted the 'On Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan on the Abolition of the Death Penalty' signed by President Kassym-Jomart Tokayev as part of series of Omnibus reformations of
5002-466: The Privy Council and its president, Rudbeck, had been arrested and the fleet secured. Then Gustav made a tour of the city and was everywhere received by enthusiastic crowds, who hailed him as a deliverer. A song was composed by Carl Michael Bellman called the " Toast to King Gustav! " On the evening of 20 August, heralds roamed the streets proclaiming that the estates were to meet at the palace on
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5124-739: The Sabbath , blasphemy, and a wide range of sexual crimes, although evidence suggests that actual executions were exceedingly rare, if they occurred at all. A further example comes from Ancient Greece , where the Athenian legal system replacing customary oral law was first written down by Draco in about 621 BC: the death penalty was applied for a particularly wide range of crimes, though Solon later repealed Draco's code and published new laws, retaining capital punishment only for intentional homicide, and only with victim's family permission. The word draconian derives from Draco's laws. The Romans also used
5246-562: The Swedish Navy . The Russians lost one-third of their fleet and 7,000 men. A month later, on 14 August 1790, a peace treaty was signed between Russia and Sweden: the Treaty of Värälä . Only eight months before, Catherine had declared that "the odious and revolting aggression" of the king of Sweden would be "forgiven" only if he "testified his repentance" by agreeing to a peace granting a general and unlimited amnesty to all his rebels and consenting to
5368-482: The Tang dynasty (618–907) when the death penalty was abolished. This was in the year 747, enacted by Emperor Xuanzong of Tang (r. 712–756). 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
5490-688: The United Nations in 1948. In the European Union (EU), Article 2 of the Charter of Fundamental Rights of the European Union prohibits the use of capital punishment. The Council of Europe , which has 46 member states, has worked to end the death penalty and no execution has taken place in its current member states since 1997. The United Nations General Assembly has adopted, throughout the years from 2007 to 2020, eight non-binding resolutions calling for
5612-488: The breaking wheel , keelhauling , sawing , hanging, drawing and quartering , burning at the stake , crucifixion , flaying , slow slicing , boiling alive , impalement , mazzatello , blowing from a gun , schwedentrunk , and scaphism . Other methods which appear only in legend include the blood eagle and brazen bull . The use of formal execution extends to the beginning of recorded history. Most historical records and various primitive tribal practices indicate that
5734-410: The death penalty and formerly called judicial homicide , is the state-sanctioned killing of a person as punishment for actual or supposed misconduct. The sentence ordering that an offender be punished in such a manner is known as a death sentence , and the act of carrying out the sentence is known as an execution . A prisoner who has been sentenced to death and awaits execution is condemned and
5856-513: The early caliphs . Abu Bakr , the first caliph of the Rashidun Caliphate , apparently recommended toppling a wall on the culprit, or else burning him alive , while Ali ibn Abi Talib is said to have ordered death by stoning for one sodomite and had another thrown head-first from the top of the highest building in the town; according to Ibn Abbas , the latter punishment must be followed by stoning. Other medieval Muslim leaders, such as
5978-541: The power of the purse . In return, Gustav abolished most of the old privileges of the nobility. Throughout 1789 and 1790, Gustav conducted a war with Russia known as the Russo-Swedish War of 1788–90 . At first, the venture seemed headed for disaster before the Swedes successfully broke a blockade by the Russian fleet at the Battle of Svensksund on 9 July 1790. This is regarded as the greatest naval victory ever achieved by
6100-592: The 19th century, U.S. states repealed death sentences from their sodomy laws, with South Carolina being the last to do so in 1873. Historians recognise that during the Early Middle Ages , the Christian populations living in the lands invaded by the Arab Muslim armies between the 7th and 10th centuries suffered religious discrimination , religious persecution , religious violence , and martyrdom multiple times at
6222-517: The Cap leader, Ture Rudbeck, arrived at Stockholm with news of the insurrection in the south, and Gustav found himself isolated in the midst of enemies. Sprengtporten lay weather-bound in Finland, Toll was 800 kilometres (500 miles) away, the Hat leaders were in hiding. Gustav thereupon resolved to strike the decisive blow without waiting for Sprengtporten's arrival. He acted promptly. On the evening of 18 August, all
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#17328439994666344-515: The Estates: A new constitution, the Instrument of Government , was read to the estates and unanimously accepted by them. The diet was then dissolved. Gustav worked towards reform in the same direction as other contemporary sovereigns of the Age of Enlightenment . Criminal justice became more lenient, the death penalty was restricted to a relatively short list of crimes (including murder), and torture
6466-507: The Hats and Caps engaged a considerable share of his time and he even found it necessary to put on trial the entire Göta Hovrätt , the superior court of justice, in Jönköping . Measures were also taken to reform the administration and judicial procedures. In 1774, an ordinance was proclaimed providing for the liberty of the press , though "within certain limits". The national defences were raised to
6588-410: The Islamic death penalty for defending their Christian faith through dramatic acts of resistance such as refusing to convert to Islam, repudiation of the Islamic religion and subsequent reconversion to Christianity , and blasphemy towards Muslim beliefs . Despite the wide use of the death penalty, calls for reform were not unknown. The 12th-century Jewish legal scholar Moses Maimonides wrote: "It
6710-519: The Kazak legal system 'Listening State' initiative. In 724 AD in Japan, the death penalty was banned during the reign of Emperor Shōmu but the abolition only lasted a few years. In 818, Emperor Saga abolished the death penalty under the influence of Shinto and it lasted until 1156. In China, the death penalty was banned by Emperor Xuanzong of Tang in 747 , replacing it with exile or scourging . However,
6832-541: The Middle Ages the expiatory aspect of the death penalty was taken into account, this is no longer the case under the Lumières . These define the place of man within society no longer according to a divine rule, but as a contract established at birth between the citizen and the society, it is the social contract . From that moment on, capital punishment should be seen as useful to society through its dissuasive effect, but also as
6954-474: The Royal Order of Vasa to acknowledge and reward those Swedes who had contributed to advances in the fields of agriculture, mining and commerce. He was also a patron of many cultural figures, including Alexander Roslin and Carl Michael Bellman , and is often considered one of the most important figures in the history of Swedish art, music and architecture. Gustav III was well liked by the Swedish population and
7076-580: The ban only lasted 12 years. Following his conversion to Christianity in 988, Vladimir the Great abolished the death penalty in Kievan Rus' , along with torture and mutilation; corporal punishment was also seldom used. In England, a public statement of opposition was included in The Twelve Conclusions of the Lollards , written in 1395. In the post-classical Republic of Poljica , life was ensured as
7198-510: The birth of the Duke of Småland, but this was followed by severe grief when the child died the following year. Gustav first intervened actively in politics during the December Crisis (1768) , when he compelled the dominant Cap faction , which mainly represented the interests of the peasantry and clergy, to summon an extraordinary diet from which he hoped for the reform of the constitution in
7320-413: The brief Diet of Gävle on 22 January – 24 February 1792, he fell victim to a widespread political conspiracy among his aristocratic enemies. Gustav III's war against Russia and his implementation of the Union and Security Act of 1789 helped increase hatred against the king which had been growing among the nobility ever since the coup d'état of 1772. A conspiracy to have the king assassinated and reform
7442-503: The change by no means liked it. If the Riksdag of 1778 had been docile, the Riksdag of 1786 was mutinous. The consequence was that nearly all the royal propositions were either rejected outright or so modified that Gustav himself withdrew them. Earlier in foreign affairs, however, and privately, Gustav had shown considerable interest in the American Revolution and had this to say about it in October 1776: The Riksdag of 1786 marks
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#17328439994667564-407: The constitution was created within the nobility in the winter of 1791–92. Among those involved were Jacob Johan Anckarström , Adolph Ribbing , Claes Fredrik Horn, Carl Pontus Lilliehorn and Carl Fredrik Pechlin . Anckarström was chosen to carry out the murder with pistols and knives, but there has also been evidence suggesting that Ribbing was the one who actually shot Gustav. The assassination of
7686-412: The consummation of the marriage, the king and queen requested actual physical instruction by Count Adolf Munck , reportedly because of anatomical problems of both spouses. There were also rumors that the queen was made pregnant by Munck, who would then be the true father of the heir Prince Gustav Adolf. Gustav's mother supported rumors that he was not the father of his first son and heir. It was rumored at
7808-650: The court in Tartu (1630), cities which during this era were part of the dominions of Sweden . These are the current courts of appeal in Swedish and Finnish judiciary: The courts of appeal in Finland are: This Sweden -related article is a stub . You can help Misplaced Pages by expanding it . This Finland -related article is a stub . You can help Misplaced Pages by expanding it . Gustav III Gustav III (24 January [ O.S. 13 January] 1746 – 29 March 1792), also called Gustavus III ,
7930-550: The court in Turku was founded in 1623 by Gustavus Adolphus , mainly because it was difficult to travel from Finland to Stockholm. During the imperial era , additional courts of appeal were introduced in order to relieve the original Svea hovrätt. Göta Court of Appeal was the second such court in Sweden proper , established in Jönköping in 1634. It was preceded by the court in Turku (1623) and
8052-470: The crime because the social system was based on tribes and clans, not individuals. Blood feuds could be regulated at meetings, such as the Norsemen things . Systems deriving from blood feuds may survive alongside more advanced legal systems or be given recognition by courts (for example, trial by combat or blood money). One of the more modern refinements of the blood feud is the duel . In certain parts of
8174-464: The crime committed. It inspired Western criminal law until the 17th century, a time when the first reflections on the abolition of the death penalty appeared. The Twelve Tables , the body of laws handed down from archaic Rome, prescribe the death penalty for a variety of crimes including libel, arson and theft. During the Late Republic , there was consensus among the public and legislators to reduce
8296-429: The death of a man by accident. For the murderers, he considered that the act of homicide is not natural and is not fully consented by the criminal. Homicide is thus a disease of the soul , which must be reeducated as much as possible, and, as a last resort, sentence to death if no rehabilitation is possible. According to Aristotle , for whom free will is proper to man, a person is responsible for their actions. If there
8418-453: The death penalty , drug trafficking and often drug possession is also a capital offence. In China, human 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 cowardice, desertion , insubordination , and mutiny . Elaborations of tribal arbitration of feuds included peace settlements often done in
8540-448: The death penalty for a wide range of offences. Protagoras (whose thought is reported by Plato ) criticised the principle of revenge, because once the damage is done it cannot be cancelled by any action. So, if the death penalty is to be imposed by society, it is only to protect the latter against the criminal or for a dissuasive purpose. "The only right that Protagoras knows is therefore human right, which, established and sanctioned by
8662-577: The death penalty was a part of their justice system. Communal punishments for wrongdoing generally included blood money compensation by the wrongdoer, corporal punishment, shunning , banishment and execution. In tribal societies, compensation and shunning were often considered enough as a form of justice. The response to crimes committed by neighbouring tribes, clans or communities included a formal apology, compensation, blood feuds, and tribal warfare . A blood feud or vendetta occurs when arbitration between families or tribes fails, or an arbitration system
8784-741: The death penalty was abolished in 1867. The last execution in Brazil was 1876; from then on all the condemnations were commuted by the Emperor Pedro II until its abolition for civil offences and military offences in peacetime in 1891. The penalty for crimes committed in peacetime was then reinstated and abolished again twice (1938–1953 and 1969–1978), but on those occasions it was restricted to acts of terrorism or subversion considered "internal warfare" and all sentences were commuted and not carried out. Many countries have abolished capital punishment either in law or in practice. Since World War II , there has been
8906-528: The death penalty was declared unconstitutional based on the Furman v. Georgia case, but the 1976 Gregg v. Georgia case once again permitted the death penalty under certain circumstances. Further limitations were placed on the death penalty in Atkins v. Virginia (2002; death penalty unconstitutional for people with an intellectual disability ) and Roper v. Simmons (2005; death penalty unconstitutional if defendant
9028-454: The death penalty. In abolitionist countries, the debate is sometimes revived by particularly brutal murders, though few countries have brought it back after abolishing it. However, a spike in serious, violent crimes, such as murders or terrorist attacks, has prompted some countries to effectively end the moratorium on the death penalty. One notable example is Pakistan which in December 2014 lifted
9150-517: The development of modern prison systems, the death penalty was also used as a generalised form of punishment for even minor offences. In early modern Europe, a mass panic regarding witchcraft swept across Europe and later the European colonies in North America . During this period, there were widespread claims that malevolent Satanic witches were operating as an organised threat to Christendom . As
9272-409: The earliest being Michigan , where it was abolished in 1846, while other states still actively use it today. The death penalty in the United States remains a contentious issue which is hotly debated . In retentionist countries, the debate is sometimes revived when a miscarriage of justice has occurred though this tends to cause legislative efforts to improve the judicial process rather than to abolish
9394-463: The establishment of a network of crown distilleries . These proved to be unprofitable, and moreover the monopoly was hugely unpopular among the common people, and so Gustav was forced to abolish it in 1786. Gustav's foreign policy, in contrast, was at first both restrained and cautious. Thus, when the king summoned the estates to assemble at Stockholm on 3 September 1778, he could give a highly positive account of his six years' stewardship. The Riksdag
9516-435: The execution ground in a cart rather than having to walk there. Nearly all executions under the Tang dynasty took place in public as a warning to the population. The heads of the executed were displayed on poles or spears. When local authorities decapitated a convicted criminal, the head was boxed and sent to the capital as proof of identity and that the execution had taken place. In medieval and early modern Europe, before
9638-654: The extreme of wanting to shorten Your days, through murder. They are greatly upset to see this not happening at the last masquerade but they rejoice at the tidings of seeing that there will be a new one today. Bandits do not like lanterns; there is nothing more serviceable for an assassination than darkness and disguise. I dare, then, to appeal to You, by everything that is holy in this world, to postpone this damnable ball, to such times as are more positive for Your present as well as coming benefit... Capital punishment Note: Varies by jurisdiction Note: Varies by jurisdiction Capital punishment , also known as
9760-408: The first: the patriotism of neither faction was sufficient for the smallest act of self-denial. The subsequent attempts of the dominant Caps to reduce him to a roi fainéant (a powerless king), encouraged him to consider a coup d'état . Under the sway of the Cap faction, Sweden seemed in danger of falling prey to the political ambitions of Russia. It appeared on the point of being absorbed into
9882-410: The following day; every deputy absenting himself would be regarded as the enemy of his country and his king. On 21 August, the king appeared in full regalia. Taking his seat on the throne, he delivered his famous philippic , viewed as one of the masterpieces of Swedish oratory, in which he reproached the estates for their unpatriotic venality and license in the past. Part of the speech by Gustav III to
10004-654: The fortress, he was to make common cause with the rebels and march upon the capital from the south while Sprengtporten attacked it simultaneously from the east. The entire revolutionary enterprise was underwritten with loans procured from the French financier Nicolas Beaujon , arranged by the Swedish ambassador to France, Count Creutz . On 6 August 1772, Toll succeeded in winning the fortress of Kristianstad by sheer bluff, and on 16 August, Sprengtporten succeeded in surprising Sveaborg, but contrary winds prevented him from crossing to Stockholm. Events soon occurred there that made his presence unnecessary in any case. On 16 August,
10126-522: The grave intact. Some further forms of capital punishment were practiced in the Tang dynasty, of which the first two that follow at least were extralegal. The first of these was scourging to death with the thick rod which was common throughout the Tang dynasty especially in cases of gross corruption. The second was truncation, in which the convicted person was cut in two at the waist with a fodder knife and then left to bleed to death. A further form of execution called Ling Chi ( slow slicing ), or death by/of
10248-472: The guard-room in the north western wing of the palace where the Guard of Honour had its headquarters and unfolded his plans to them. He told the assembled officers, A young ensign then spoke up: Gustav then dictated a new oath of allegiance , and everyone signed it without hesitation. It absolved them from their allegiance to the estates, and bound them solely to obey "their lawful king, Gustav III". Meanwhile,
10370-483: The hands of Arab Muslim officials and rulers. As People of the Book , Christians under Muslim rule were subjected to dhimmi status (along with Jews , Samaritans , Gnostics , Mandeans , and Zoroastrians), which was inferior to the status of Muslims. Christians and other religious minorities thus faced religious discrimination and religious persecution in that they were banned from proselytising (for Christians, it
10492-450: The head or neck. Various authoritarian states employed the death penalty as a potent means of political oppression . Anti-Soviet author Robert Conquest claimed that more than one million Soviet citizens were executed during the Great Purge of 1936 to 1938, almost all by a bullet to the back of the head. Mao Zedong publicly stated that "800,000" people had been executed in China during
10614-471: The incidence of capital punishment. This opinion led to voluntary exile being prescribed in place of the death penalty, whereby a convict could either choose to leave in exile or face execution. A historic debate, followed by a vote, took place in the Roman Senate to decide the fate of Catiline 's allies when he attempted to seize power in December, 63 BC. Cicero, then Roman consul , argued in support of
10736-410: The incidence of increased violent criminality at the times and places of executions. Official recognition of this phenomenon led to executions being carried out inside prisons, away from public view. In England in the 18th century, when there was no police force, Parliament drastically increased the number of capital offences to more than 200. These were mainly property offences, for example cutting down
10858-470: The injustice, but even the futility from the point of view of social welfare , of torture and the death penalty. Influenced by the book, Grand Duke Leopold II of Habsburg, the future emperor of the Holy Roman Empire , abolished the death penalty in the then-independent Grand Duchy of Tuscany , the first abolition in modern times. On 30 November 1786, after having de facto blocked executions (the last
10980-449: The integrity of the existing Swedish constitution; he advised the young monarch to play the part of mediator and abstain from violence. At the time of his accession, the Swedish Riksdag held more power than the monarchy, but the Riksdag was bitterly divided between rival parties, the Hats and Caps. On his return to Sweden, Gustav III tried unsuccessfully to mediate between the two groups. On 21 June 1771, he opened his first Riksdag with
11102-614: The island was independent) was the first legislative assembly in the world to abolish the death penalty in 1824. Tahiti commuted the death penalty to banishment. In the United States, Michigan was the first state to ban the death penalty, on 18 May 1846. The short-lived revolutionary Roman Republic banned capital punishment in 1849. Venezuela followed suit and abolished the death penalty in 1863 and San Marino did so in 1865. The last execution in San Marino had taken place in 1468. In Portugal, after legislative proposals in 1852 and 1863,
11224-711: The jurisdiction, but commonly include serious crimes against a person, such as murder , assassination , mass murder , child murder , aggravated rape , terrorism , aircraft hijacking , war crimes , crimes against humanity , and genocide , along with crimes against the state such as attempting to overthrow government , treason , espionage , sedition , and piracy . Also, in some cases, acts of recidivism , aggravated robbery, and kidnapping , in addition to drug trafficking, drug dealing, and drug possession, are capital crimes or enhancements. However, states have also imposed punitive executions, for an expansive range of conduct, for political or religious beliefs and practices, for
11346-401: The killing of conspirators without judgment by decision of the Senate ( Senatus consultum ultimum ) and was supported by the majority of senators; among the minority voices opposed to the execution, the most notable was Julius Caesar . The custom was different for foreigners who did not hold rights as Roman citizens , and especially for slaves, who were transferrable property. Crucifixion
11468-544: The king was enacted at a masked ball at the Royal Opera House in Stockholm at midnight on 16 March 1792. Gustav had arrived earlier that evening to enjoy a dinner in the company of friends. During dinner, he received an anonymous letter that described a threat to his life (written by the colonel of the Life Guards Carl Pontus Lilliehorn), but, as the king had received numerous threatening letters in
11590-456: The majority of countries have abolished capital punishment, over half of the world's population live in countries where the death penalty is retained, including India, the U.S., Indonesia, Pakistan, Bangladesh, Japan, Vietnam, Egypt, Nigeria, Ethiopia and DR Congo. As of 2023, only 2 out of 38 OECD member countries (the United States and Japan ) allow capital punishment. Capital punishment
11712-414: The mutinous aristocratic officers. Ultimately, he quelled their rebellion and arrested its leaders. Capitalizing on the powerful anti-aristocratic passions thus aroused, Gustav summoned a Riksdag early in 1789, at which he put through an Act of Union and Security on 17 February 1789 with the backing of the three lower estates. This reinforced monarchical authority significantly, although the estates retained
11834-436: The officers whom he thought he could trust received secret instructions to assemble in the great square facing the arsenal on the following morning. At ten o'clock on 19 August, Gustav mounted his horse and rode to the arsenal. On the way, his adherents joined him in little groups, as if by accident, so that by the time he reached his destination he had about two hundred officers in his suite. After parade he reconducted them to
11956-426: The outstanding subsidies to Sweden unconditionally, at the rate of one and a half million livres annually. Count de Vergennes , one of the most prominent French diplomats, was transferred from Constantinople to Stockholm . On his way home, Gustav paid a short visit to his uncle, Frederick the Great , at Potsdam . Frederick bluntly informed his nephew that, in concert with Russia and Denmark , he had guaranteed
12078-630: The past, he chose to ignore it. The letter was written in French , and in translation it stated: To the King — with the greatest humility. Pray, allow an unknown whose pen is guided by tactfulness and the voice of conscience, dare take the liberty to inform You, with all possible sincerity, that certain individuals exist, both in the Provinces and here in the City, that only breathe hatred and revenge against You; indeed to
12200-777: The restoration, if symbolic, of Swedish overseas colonies in America, as well as great personal profits from the transatlantic slave trade . Gustav III was known in Sweden and abroad by his royal titles, or styles: Gustav, by the Grace of God, King of the Swedes , the Goths and the Vends , Grand Prince of Finland , Duke of Pomerania , Prince of Rügen and Lord of Wismar , Heir to Norway and Duke of Schleswig-Holstein , Stormarn and Dithmarschen , Count of Oldenburg and Delmenhorst , etc. Gustav
12322-554: The restriction, in many cases, of torture and capital punishment . The much-praised Freedom of the Press Act of 1766 was severely curtailed, however, by amendments in 1774 and 1792, effectively extinguishing independent media. Following the uprising against the French monarchy in 1789 , Gustav pursued an alliance of princes aimed at crushing the insurrection and re-instating his French counterpart, King Louis XVI , offering Swedish military assistance as well as his leadership. In 1792 he
12444-460: The southern fortress of Kristianstad . After some debate, it was agreed that Kristianstad should openly declare against the government a few days after the Finnish revolt had begun. Duke Charles (Karl) , the eldest of the king's brothers, would thereupon be forced to mobilize the garrisons of all the southern fortresses hastily, ostensibly to crush the revolt at Kristianstad, but on arriving in front of
12566-588: The then emperor of the Holy Roman Empire, abolished in his immediate lands in 1787 capital punishment, which though only lasted until 1795, after both had died and Leopolds son Francis abolished it in his immediate lands. In Tuscany it was reintroduced in 1790 after Leopolds departure becoming emperor. Only after 1831 capital punishment was again at times stopped, though it took until 2007 to abolish capital punishment in Italy completely. The Kingdom of Tahiti (when
12688-461: 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 759 in response to the An Lushan Rebellion . At this time in the Tang dynasty only the emperor had the authority to sentence criminals to execution. Under Xuanzong capital punishment was relatively infrequent, with only 24 executions in
12810-486: The time that Gustav was homosexual , a possibility asserted by some writers. The close personal relationships that he formed with two of his courtiers, Count Axel von Fersen and Baron Gustav Armfelt , were alluded to in that regard. His sister-in-law Charlotte implied as much in her famous diary. Professor Erik Lönnroth of the Swedish Academy , who described the assistance provided by Munck, asserted that there
12932-430: 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 slaves emerged. Accordingly, the systems of tribal arbitration were submerged into
13054-423: The year 730 and 58 executions in the year 736. The two most common forms of execution in the Tang dynasty were strangulation and decapitation, which were the prescribed methods of execution for 144 and 89 offences respectively. Strangulation was the prescribed sentence for lodging an accusation against one's parents or grandparents with a magistrate, scheming to kidnap a person and sell them into slavery and opening
13176-490: Was King of Sweden from 1771 until his assassination in 1792. He was the eldest son of King Adolf Frederick and Queen Louisa Ulrika of Sweden. Gustav was a vocal opponent of what he saw as the abuse of political privileges seized by the nobility since the death of King Charles XII in the Great Northern War . Seizing power from the government in a coup d'état , called the Swedish Revolution , in 1772, that ended
13298-573: Was mortally wounded by a gunshot in the lower back during a masquerade ball as part of an aristocratic-parliamentary coup attempt, but managed to assume command and quell the uprising before succumbing to sepsis 13 days later, a period during which he received apologies from many of his political enemies. Gustav's immense powers were placed in the hands of a regency under his brother Prince Carl and Gustaf Adolf Reuterholm until his son and successor Gustav IV Adolf reached adulthood in 1796. The Gustavian autocracy thus survived until 1809, when his son
13420-413: Was a crime, a judge must define the penalty allowing the crime to be annulled by compensating it. This is how pecuniary compensation appeared for criminals the least recalcitrant and whose rehabilitation is deemed possible. However, for others, he argued, the death penalty is necessary. This philosophy aims on the one hand to protect society and on the other hand to compensate to cancel the consequences of
13542-509: Was a form of punishment first employed by the Romans against slaves who rebelled , and throughout the Republican era was reserved for slaves , bandits , and traitors . Intended to be a punishment, a humiliation, and a deterrent, the condemned could take up to a few days to die. Corpses of the crucified were typically left on the crosses to decompose and to be eaten by animals. There was a time in
13664-413: Was abolished in order to gain confessions, although the "strict death penalty", with torture-like corporal punishment preceding the execution, was maintained. Gustav took an active part in every department of business, but relied heavily on extra-official counsellors of his own choosing rather than upon the Privy Council of Sweden . The effort to remedy the widespread corruption that had flourished under
13786-438: Was born in Stockholm . He was placed under the tutelage of Hedvig Elisabet Strömfelt until the age of five, then educated under the care of two governors who were among the most eminent Swedish statesmen of the day: Carl Gustaf Tessin and Carl Fredrik Scheffer . Nonetheless, he perhaps owed most of what shaped him during his early education to the poet and historian Olof von Dalin . State interference with his education as
13908-607: Was deeply engaged in a war with the Ottoman Empire to the south. In embarking on a war of aggression without the consent of the estates, Gustav violated his own constitution of 1772, which led to a serious mutiny, the Anjala Conspiracy , among his aristocratic officers in Finland. Denmark declared war in support of its Russian ally, but was soon persuaded to sign a ceasefire through British and Prussian diplomacy. Returning to Sweden, Gustav aroused popular indignation against
14030-416: Was first impressed by Sophia Magdalena's beauty, but her silent nature made her a disappointment in court life. The match was not a happy one, owing partly to an incompatibility of temperament, but still more to the interference of Gustav's jealous mother, Queen Louisa Ulrika. The marriage produced two children: Crown Prince Gustav Adolf (1778–1837), and Prince Carl Gustav, Duke of Småland (1782–1783). For
14152-561: Was forbidden to evangelise or spread Christianity ) in the lands invaded by the Arab Muslims on pain of death, they were banned from bearing arms, undertaking certain professions, and were obligated to dress differently in order to distinguish themselves from Arabs. Under sharia , Non-Muslims were obligated to pay jizya and kharaj taxes, together with periodic heavy ransom levied upon Christian communities by Muslim rulers in order to fund military campaigns, all of which contributed
14274-424: Was in 1769), Leopold promulgated the reform of the penal code that abolished the death penalty and ordered the destruction of all the instruments for capital execution in his land. In 2000, Tuscany's regional authorities instituted an annual holiday on 30 November to commemorate the event. The event is commemorated on this day by 300 cities around the world celebrating Cities for Life Day . Leopolds brother Joseph ,
14396-401: Was mourned upon his death. In 1777, Gustav III was the first formally neutral head of state in the world to recognise the United States during its war for independence from Great Britain . Swedish military forces were engaged by the thousands on the side of the colonists, largely through the French expedition force . Through the acquisition of Saint Barthélemy in 1784, Gustav enabled
14518-531: Was ousted in another coup d'état , which definitively established parliament as the dominant political power; this has lasted until the modern day, where the Riksdag is Sweden's supreme legislature. A patron of the arts and benefactor of arts and literature, Gustav founded the Swedish Academy , created a national costume and had the Royal Swedish Opera and Royal Dramatic Theatre built. In 1772 he founded
14640-399: Was proclaimed for both Roman Catholics and Jews . Gustav even designed and popularized a Swedish national costume , which was in general use among the upper classes from 1778 until his death (and it is still worn by the ladies of the court on state occasions). The king's one great economic blunder was his attempt in 1775 to make the sale of alcoholic spirits a government monopoly, through
14762-469: Was quite obsequious towards the king. "There was no room for a single question during the whole session." Short as the session was, it was long enough for the deputies to realize that their political supremacy was over. They had changed places with the king. He was now indeed their sovereign lord. For all his gentleness, he guarded the royal prerogative fiercely and plainly showed that he would continue to do so. Even those who were prepared to acquiesce in
14884-498: Was under age 18 at the time the crime was committed). In the United States, 23 of the 50 states and Washington, D.C. ban capital punishment. In the United Kingdom, it was abolished for murder (leaving only treason, piracy with violence , arson in royal dockyards and a number of wartime military offences as capital crimes) for a five-year experiment in 1965 and permanently in 1969, the last execution having taken place in 1964. It
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