Death Penalty
Definition
The death penalty is a sentence of execution for murder and other serious crimes, which are punishable by death. The term capital punishment was borrowed from Latin word capitallis meaning related to head. It, therefore, referred to the one commonly used the method of execution, beheading. Death penalty and capital are terms widely used together to mean the same. However, some people have argued that the terms might not be the same. They believe that capital punishment might not necessarily result into a death penalty since the penalty might be translated into life incarceration.
Throughout history, people have found wise to repay a victim by death for wrongs committed against them. For purposes of personal retribution and religious influence, death was seen as the best punishment one can be handed for committing a crime. However, this notion has significantly changed over time with some countries abolishing it completely while others have reduced the offences punishable by death.
Historically some of the common crimes that were punishable by death included murder, adultery, robbery with violence, apostasy, rape, treason and some military offenses. These crimes are however different among countries. China, for example, punishes serious corruption crimes by death. Countries like Saudi Arabia, Yemen and Qatar, which derive their legal system from Sharia law, also have different crimes, which are subjected to a death penalty. Such countries are most likely to have wider pools of crimes punishable by death.

The Death Penalty in the United States
The American capital punishment heavily traces back to the British law when America was still a British colony. Primitive Westernizers out of personal retribution could openly kill their offenders. The British masters in fulfilling their personal retribution went ahead and listed crimes that were punishable by death. These could later on set a precedent for the establishment of the Western Legal Codes where crimes were coded and given their ultimate price. A good example of the Code is the Babylonian Code of the Hammurabi, written in the 17th century, which made the selling of beer and revealing the location of sacred burial places a crime punishable by death. In America, codes were mostly defined by colonies. The ratification of the Bill of Rights in the 17th century led to the controlled use of capital punishment especially the Eighth Amendment, which emphasized on the use of humane methods in relaying death penalty. Hanging at that time though was still considered as humane.
Moving towards the mid-19th century the debate on capital punishment continued with some people started sympathising with criminals. Use of prisons was widely emphasized in these Era because it was seen as a better ground for offering rehabilitation to the convicts. This Era led to the use of prisons as a better option than administering death penalty, which proved a turning point because public execution became unpopular since it started losing its symbolic meaning.
Punishing crimes in private led to the development of more humane methods of inflicting the punishment. The invention of electric chair was one of the methods of coming up with more humane methods of execution. William Kemmler was the first American citizen to be executed by an electric the chair, which was considered more humane.
Civil Rights group played a greater role in the abolishment of capital punishment in the 20th century. Activist tried to fight it out using both legislation and the judicial mechanisms. However, something interesting happened in the mid-20th century, which brought the whole debate on capital punishment to a halt. During the 1976 case of Gregg v Georgia, the Courts ruled that capital punishment was constitutional, but rather a method of its application is one, which was unacceptable. The State thus had to amend their capital punishment laws to be in alignment with the constitution. This led to the reinstatement of the death penalty in the US, but the States had to ensure that they apply it in the most humane manner. This paved way for the first execution in ten years in 1977 when a firing squad executed Gary Gilmore in Utah. Similarly, Charles Brooks was executed by lethal injection as the first person to be done so in 1982.
In modern day United States, the death penalty is only applicable to defendants convicted of capital murder. This covers a variety of offenses including the murder of police officers acting in official capacity, and murders resulting from sexual-aggravated assault, kidnapping, robbery, and arson. The defendant though is entitled to a death-qualified jury to assure him/her a fair trial.
For the convict to be sentenced to death, the prosecution must convince the Court that the defendant is guilty of the crime charged with beyond reasonable doubt. The decision of the jury is subject to automatic review by the Court of Criminal Appeals.
The most commonly used method for administering death penalty is lethal injection. In Texas, for example, a combination of drugs are used that causes the inmate’s death. Executions are performed in a place chosen by the Correction Department and are strictly closed for public. Texas code permits only family members, chosen friends, few physicians and the executioner to witness the execution. Death Penalty in Saudi Arabia Saudi’s legislative system borrows heavily from the Islamic Sharia law and is based on religious interpretation. Article 38 of Saudi constitution states clearly that, “there shall be no crime or penalty except only by Sharia law. Borrowing their legislation from Islamic law, meant many crimes fall into the category of being punishable by death. Some of the offenses punishable by death include; aggravated murder, murder, terrorism offense that result to murder, rape, arson, burglary, drug trafficking, drug possession, adultery, apostasy, treason, espionage, and military offenses. Application of murder cases in Saudi Arabia is quite different from many other countries. Victim’s family have a greater role in the judicial process and consequently in the sentencing. If the victim’s family desire the defendant to die, then the Courts are likely to offer a death sentence. On the other hand, if they want to spare the defendant then the Courts may sentence the convict to prison or order him/her to pay the victim’s family a sum of money commonly known as blood money. This is known as Qisas in Saudi judicial system. Beheading is the most commonly used method in administering death sentence and normally done in public. Stoning is used for crimes of adultery. However, under Saudi government the accused is innocent until proven guilty beyond reasonable doubt. If there is any doubt about the defendant’s guilt, then the Courts are likely not to impose the death penalty.

Conclusion Having a closer look on the issue of the death penalty in both countries, it seems that both countries have very similar ways of handling the criminals leave for only a few differences. The United States offers criminal defendants a more chance of appealing or having better legal representation than in Saudi Arabia. In Saudi Arabia, criminal defendants are condemned before being convicted mainly because they lack the due legal process since they rely heavily on Sharia law. The death penalty in Saudi Arabia is heavily clinched onto the religious interpretation unlike in the United States where the death penalty relies heavily on judicial interpretation. The United States’ Supreme Court brought the question on death penalty into a finality when it legalised it. In Saudi Arabia, there were no judicial interpretations since they just incepted it from the Sharia law.