The Death Penalty The death penalty has existed for well over 4000 years. In 1728 BC the code of Hamurabe was passed to allow legal execution. For centuries capital punishment was a public spectacle: states used executions to demonstrate the ultimate consequence of attacking the state. During the 18th century in England executions attracted tens of thousands of people in some cases there would be riots. Also in England the church was allowed to burn people alive at the stake for the crime of heresy. Under Queen Mary Tutor (the infamous "Bloody Mary") thousands were executed just for not