Capital Punishment in the United States: from Roper v. Simmons to a Global Outlook

This thesis aims to examine the origins, evolution, and transformations of capital punishment, with a particular emphasis on the United States context. Additionally, this study will scrutinize one of the crucial cases in the American history of the death penalty, namely Roper v Simmons, where comparative law played an integral role in its final outcome. This landmark case led to the abolition of capital punishment for individuals under 18 years of age in the United States of America. This paper will delve into the origins of the death penalty in the United States, with a particular focus on its British influences. A thorough analysis will be conducted to trace its evolution over time, including the historical changes that have occurred from the early modifications of execution methods to the emergence of abolitionist sentiments. Beginning with the historical events surrounding the Salem witch trials and extending through to the Furman v. Georgia case, a pivotal turning point in the American legal system's treatment of capital punishment, the symbolic significance and perceptions of the death penalty were significantly altered. Subsequently, this paper will comprehensively detail the multitude of factors which contributed towards the establishment of the US death penalty, encompassing all of its diverse facets. The analysis shall highlight the pivotal role played by Western nations, with Europe in particular featuring prominently in this complex historical context. In contemporary times, the United States has been progressively endeavoring to distance itself from capital punishment, imposing greater restrictions on its usage. The impetus behind this evolution lies in the advancement of human rights, as well as the emergence of novel international treaties and organizations. This movement is representative of a broader effort on the part of the United States to conform to global norms, of which Europe holds a preeminent and influential role. The impact of Europe on the development and implementation of capital punishment in the United States has been substantial. Europe has sought to steer the United States towards a complete abolishment of this penalty through various well-defined mechanisms, such as the creation of international treaties. This exposition will additionally elaborate on the extent to which these techniques exerted an influence. Subsequently, the present study aims to conduct an analysis of the global landscape, by focusing on the progressions of capital punishment at an international level, with a particular emphasis on nations deemed to be more economically prosperous and populous, rather than delving into its historical aspect.