The recent actions by former Illinois Governor Ryan have raised many questions about capital punishment in the United States. I have read or heard several commentaries that have suggested the new focus on the death penalty may lead to its abolition. As an opponent of capital punishment, I hope this is true. But I doubt it.
A reader of Stuart Banner's "The Death Penalty: An American History" will realize very little new can be added to the debate. Banner provides an extensively detailed account of all aspects of the death penalty throughout the past 350 years. From colonial times through the execution of Timothy McVeigh, this book looks at the logistics, politics, and theology of capital punishment. The author comes as close to complete objectivity in presenting the history as possible. Banner is fair in showing the strengths and weaknesses in arguments for and against capital punishment. And he provides fascinating information concerning the debates that surrounded periodic changes in how the death penalty was administered. Throughout history there have been many debates: the merits of hanging versus electrocution; the arguments for and against public execution; the role of penitence (thus the name penitentiary) in punishment.
I found that this history of one issue was very much a microcosm of the broader history of the United States. For instance, I was not familiar with the legal term petit treason. This describes the concept of treason-an offense against someone to whom absolute loyalty is owed-in private life. Those convicted of petit treason were subject the "more severe" punishment of death by burning. In 17th and 18th century America two classes were capable of being convicted of petit treason. The classes were slaves "convicted of murdering their owners or of plotting a revolt" and women "convicted of killing their husbands." (p. 71)
Class played a pivotal role in the move from public hangings to jail yard executions. Banner describes how elites in the 19th century became appalled at public hangings because the large crowds were rowdy and displayed lower class sensibilities. Simply put, those in power were not opposed to hanging-they were opposed to being in the presence of the working class when the restraints of the workplace were removed.
Class, race, and gender divisions are evident in almost every area of this controversial issue. And no great American controversy would be complete with religious implications. In fact, no less a public preacher than Cotton Mather worried in the 17th century that he could rise to the occasion of giving the sermon to the crowd of thousands that attended executions. As the author notes about public hangings: "An execution could be a splendid occasion for reinforcing religious authority." To this day, capital punishment attracts those in authority to make religious arguments both in opposition and support of the death penalty.
As stated earlier, this book is not a polemic. It is an accurate history of one of our most contentious issues. As is the case with history, I am sure both those if favor of capital punishments and abolitionists can find many facts to support their beliefs. It is also true that a better understanding of history must allow all involved to reconsider some beliefs. "The Death Penalty: An American History" should be read by every legislator who will vote on state-sanctioned killing.
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