The death penalty that has played a major role in human history. The impact it had from ancient times, where it started, medieval ages, and what is the impact that has in modern days where the pressure for a general abolition has been growing every year. The Code of Hammurabi that took place in Babylonia, is the first written law where the capital punishment was established and punished up to 25 different crimes with death penalty. After Hammurabi Code, death penalty was established in many other Codes and Laws of other countries at that time, carried out in different means such was crucifixion, burning, hanging etc. In north America death penalty was brought by Europeans that colonized the country and mostly influenced by Britain empire laws regarding the death penalty depend from colony to colony where Virginia executed the first death penalty. But the death penalty has also it opponents, who since at the beginning were intellectuals that had a great influence on pushing toward the abolition, where Cesare Beccaria had the strongest impact, while this impact came only on the XVII century, before it was considered and as part of laws that regulated citizens life. Finally after many efforts the first abolition of death penalty came. In the early years of XIX century Michigan became the first state to abolish the death sentence what later was followed by other states. A big and fundamental challenge death penalty faced was on 1960' where it was considered a cruel and unusual punishment, therefore unconstitutional under the Eighth Amendment. [Trop vs Dulles(356 U.S. 86)]. Legal consideration of death penalty during the time has been different. Also religions give a different point of view and the way how to handle such a punishment that during last decades its opponents have been pushing toward a general abolishment. Arguments that opponents stress are, at least in the USA, violation of V-th VIII-th and XIII-th amendment that according to them is cruel and unusual punishment forbidden by these amendments. But also in the scientific filed have been some interesting developments, where DNA has played a significative role on the improvement of Criminal Justice system making it more reliable and accurate, thus having a more clear judgement.. With the evidence of DNA on their hands many people waiting in the death row have been able to get their innocence escaping form a unjust capital punishment. Thus when other proofs, materials and DNA test combined together , will give a better view to the judge according to the case. But for opponents D