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To Die or Not to Die · Episode 2 of 12 · 22 min

The Gallows

The American death penalty is older than the United States, beginning at Jamestown, and for three centuries the gallows stood in the public square. The episode follows the argument that narrowed it, from Beccaria and Benjamin Rush to Pennsylvania's first-degree murder law of 1794 and Michigan's 1846 abolition. It sets beside it the 1862 hanging of thirty-eight Dakota men at Mankato and ends with the last public execution in 1936.

Who's who

Where it happens

Timeline

  1. 1608George Kendall shot by firing squad at Jamestown
  2. 1764Beccaria publishes On Crimes and Punishments
  3. 1794Pennsylvania creates first-degree murder
  4. 1846Michigan abolishes the death penalty for murder
  5. December 26, 1862Thirty-eight Dakota men hanged at Mankato
  6. August 14, 1936Last public execution in the United States

Still debated

Kendall's charge, mutiny or spying for Spain, and his date are uncertain, and the settler death toll in the 1862 war varies by estimate. Historians disagree whether Lincoln is best remembered for the 264 spared or the 38 hanged. Whether the founding settles the matter is argued.

death penaltypublic executionsdakota warabolitionearly americagallows
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