Hanging in the United States
From Wikipedia, the free encyclopedia

Hanging has been practiced legally in the United States of America from before the nation's birth, up to 1972 when the United States Supreme Court found capital punishment to be in violation of the Eighth Amendment to the United States Constitution.[1] Four years later, the Supreme Court overturned its previous ruling, and in 1976, capital punishment was again legalized in the United States.[2] Currently, only New Hampshire has a law specifying hanging as an available secondary method of execution, now only applicable to one person, who was sentenced to capital punishment by the state prior to its repeal in 2019.[3]

Hanging was one method of execution in Colonial America. According to the Espy file, Daniel Frank was hanged in 1623 for cattle theft in the Jamestown colony.[4][5] John Billington is thought to be one of the first men to be hanged in New England; Billington was convicted of murder in September 1630 after he shot and killed John Newcomen.[6][page needed]
During the Salem witch trials of the early 1690s, most of the men and women convicted of witchcraft were sentenced to public hanging. It is estimated that seventeen women and two men were hanged, as a result of the trials.
Hangings during the colonial era of America were mostly performed publicly in order to deter the behavior 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.
1776 – 1840
Following the American Revolution led by the Continental Congress and the subsequent ratification of the United States Constitution, the Bill of Rights was signed into law and became the first ten amendments to that constitution. The eighth amendment of the Bill of rights states that cruel and unusual punishment shall not be inflicted. During this time period, hanging was not considered to be cruel and unusual, yet almost two hundred years later, this amendment was key to the temporary suspension of capital punishment by the Supreme Court. Today, the eighth amendment is still an essential argument employed by those in favor of abolishing capital punishment.
During this time of political unrest, some prominent members of society believed that capital punishment such as hanging ought to be abolished. One such man, Benjamin Rush, published a pamphlet in 1807 speaking out against the death penalty. In the pamphlet, Rush often raises religious arguments such as, "The punishment of murder by death is contrary to reason, and to the order and happiness of society, and contrary to divine revelation."[7] Individuals like Benjamin Rush laid the foundation for death penalty abolition movements that are still carried on today.
Hangings were common during the early part of the nineteenth century. Just as in Colonial America, hangings were still conducted in public for all to witness. However, unlike the colonial era, men and women were no longer hanged for offenses like adultery. In fact, by 1836 Pennsylvania only hanged criminals convicted of murder in the first degree.[8][page needed] In New York, the number of capital crimes were brought down from nineteen to just two. By 1815, other states like Vermont, Virginia, Kentucky, Maryland, New Hampshire, and Ohio (with the slaves) also drastically decreased their number of capital offenses, usually lowering the number down to just two or three.[9][page needed] Because of these changes in law, hangings began to decrease in some regions of the country. However, some states went in the opposite direction. Most of the southern states in addition to Connecticut, Massachusetts, New Jersey, and Rhode Island actually raised their number of capital offenses.[9]
