Introduction
The question I am researching for my extended project is, ‘Should capital punishment be reinstated in the United Kingdom now we are no longer under European law?’ The reason I chose this question for my project is because I have always enjoyed debating the topic of Capital Punishment and finding out what the opinions are of others. It is something that I am interested in because I am very opinionated and it is something that is cause for a lot of debate which it is enjoyable for me to do and learn more about the topic. I think also that it would be interesting to see if people would vote to have the death penalty back if a referendum was to be called. I plan to research my topic question through reading various articles, books and websites so that I can gain a full range of knowledge through different sources. I also plan to carry out my own primary research, in the form of an in-school referendum to get a rough idea of what the outcome could look like if it were to happen in today’s society. Which is why I am planning on asking a range of different ages, by asking my peers, students in lower years as well as teachers so that I can get a good idea of a potential referendum. I will start off my essay by giving a brief summary of what capital punishment is and its history in the United Kingdom specifically and I will then go on to discuss the countries that still retain the death penalty and why, focusing on the United States as it is the most comparative the United Kingdom. As well as this I will include variety of facts and statistics in regards to costs along with other things like, innocent rate and deterrent effect to get an insight of how it would impact our economy and crime rate. I will finally examine the different opinions for and against capital punishment that is supported with evidence and data, then include my own research and conclusions so that I can answer the question, ‘Should capital punishment be reinstated in the United Kingdom now we are no longer under European law?’.
Background and History of the Death Penalty
The death penalty has been around for thousands of years and has only in the last 50 years been abolished in the United Kingdom. The first laws to be established in relation to the death penalty, date all the way back to the eighteenth-century B.C. in the Code of King Hammurabi of Babylon, which set out that the death penalty could be used for 25 different crimes. {1} “Babylon is the most famous city from ancient Mesopotamia whose ruins lie in modern-day Iraq 59 miles (94 kilometres) southwest of Baghdad.” {2} Throughout its more modern times in the United Kingdom the main method of killing was hanging and that was seen all the way up to its abolishment in 1965. Just under a year before, on August 13th 1964 the very last two executions were carried out. {3} Peter Anthony Allen and Gwynne Owen Evans were simultaneously hung at 8:00am for the murder of John West, a laundry man, who they robbed. They were separated into different prisons, one in Manchester the other in Liverpool, and they were the last executions to occur before its abolishment. {4} However, over the years that capital punishment was legal, the list of methods used really varies. For example, in England during the 11th century, a common method of killing was being burnt at the stake. This punishment at the time was used for heresy, later on being used for other crimes like treason. Also, in the late 13th century, the killing method of hanging was greatly tailored into something more brutal. The act of being ‘hung, drawn and quartered’ was brought into the mix, reserved for the most serious crimes generally the act of treason. Then after the individual's body parts, most commonly the head, were displayed for the public eye to see as an example of what would happen if you were to commit these crimes.{3} Public executions were also very popular at this time and the occured up until the mid-nineteenth century. The last recorded public execution was that of Michael Barrett, who was hanged for his role in the Clerkenwell explosion that occurred in December of 1867. He was the last man to be publicly executed in England on May 1868. {5}
Even through all these horrific punishments, it was never seen by many that it was wrong and it survived all the way up to the 20th century when it was abolished under the murder (Abolition of Death Penalty) Act in 1965 for initially a five-year period. It was originally going to be suspended for five years so that the government could come to a decision for whether capital punishment should be completely abolished. At the time Labour had just come into government, with Harold Wilson as prime minister, and it was one of their main priorities to abolish the death penalty. {6} In 1969, the House of Commons reaffirmed its decision that it should be abolished and they voted with a majority 158 wanting it abolished. So, the original act of 1965 was to remain permanent. {6} In the same year of 1969, coincidentally it was only until the UK abolished capital punishment the negotiations could start for British membership into the European Union. They officially joined the EU in 1973, along with Ireland and Denmark. The European Union have always been against the death penalty and have over the years campaigned extensively against it, trying to encourage countries to abolish it. “The EU holds a strong and principled position against the death penalty in all circumstances and for all cases, in accordance with the EU Strategic Framework and its related Action Plan on Human Rights and Democracy.” {7} In doing this they have contributed to getting two-thirds of countries worldwide to abolish capital punishment. However, now that the United Kingdom has left the EU they no longer have to uphold this requirement. So, there is a question raised of would the public want to see its return to our society or not?
Although capital punishment has been abolished in over two-thirds of the world, it’s still worth mentioning the countries that have it remain in their law and order of things. America is probably the most talked about continent when it comes to the death penalty mainly due to the fact that it keeps record of all death sentences and executions. Current figures show that 31 states still have the death penalty as part of their legal system, with 19 who have abolished it.
The number of executions per year in the United States has definitely decreased in the last 40 years there have been 1476 recorded executions across America. The most being in 1999 when there were 98 recorded executions. {8} This is substantially lower than in the United Kingdom where from 1932 to its abolishment in 1964 there were only 349 recorded executions. Even though the United States is much larger than the United Kingdom this number of executions is still huge in comparison. In more recent years of capital punishment in the United States, the crimes for which death is justified as the punishment include the most common crimes of, murder and rape. Of the documented deaths in the US the listed crimes have included various combinations whether it be robbery-murder or rape-murder, the list can go on. {6} It is unquestionably clear, however that the death penalty is reserved for the most heinous of crimes.
Arguments Against Capital Punishment
There have, over the years, been very split opinions on Capital Punishment, whether it is an acceptable punishment for certain crimes and whether it should be a part of society. There have been people on both sides trying to make their case as to why the death penalty is a justifiable or not. In order to conclude and answer the question it is necessary to take into account the relevant factors, like, cost, innocent rate, crime rate along with other elements to get a full spectrum on whether it will benefit our society and if it will be morally acceptable.
If the United Kingdom were to re-establish the death penalty as a punishment for certain crimes it would, initially and understandably, put a strain on the country's financial situation, but what some people would argue is that in the long run, having the death penalty, would save money. This is because it is often believed that a prison place costs the government a lot of money and the amount it would cost to feed, dress, clean and support an inmate would cost more than it would the use the death penalty on criminals of the worst crimes. However, this is a common misconception that people make. In fact, having the death penalty would actually reduce the amount of rehabilitation services that the prisons can provide. Amnesty International have researched and found out that having the death penalty reduces the resources that aid in “crime prevention, mental health treatment, education and rehabilitation, meaningful victim services and drug treatment programs”. {9} Alongside this, in a survey that Amnesty International took in 2003 they found that a death penalty case at court costs 70% more than a non-death penalty case. {9} So, the cost of a death penalty sentence would cost the government a substantial amount even before they go on death row for however many years before the death penalty is carried out. Figures researched by the Death Penalty Information Centre show that the cost of a non-death penalty case is roughly $740,000 in the US in comparison to the $1.26 million it would cost for a death penalty sentence. There is also the need for consideration of how much it would cost for the living and maintaining of an inmate on death row which it was also found by the Death Penalty Information Centre to cost $90,000 more per year than a life imprisoned inmate. {10}
So, taking into account this information it could be concluded that introducing this system again would be quite ineffective when you consider the current costs and the already limited funds we have put into the prison system as a whole. Not only are the court cases more expensive due to the lengthy legal processes involved, but the means for which are required to actually execute an individual, i.e. the lethal injection drugs, have become increasingly expensive and has made it difficult for various states to buy. Many manufacturers have either discontinued the sale of the three drugs used to make up the lethal injection, or increased the price to encourage governments, of the states who still have capital punishment as part of their justice system, to either abolish it or minimise the amount of people who are sentenced to death. A specific case where the costs were very expensive in the ending of a life, was in 2000, when rapist and murderer Robert Coe was executed in Tennessee. The total for the execution cost $11,668, which covered medical supplies, the death drug and the payment of personnel who were involved in the execution. {11} This is a very expensive cost and after the lengthy and costly court case, it could be considered unnecessary.
Another thing that needs to be considered is the amount of innocent lives that are cut short due to miscarriages of justice. Some people would consider this to be irrelevant as with the development of new technology the amount of innocent lives wrongly taken should have gone down. Which is correct for the most part but there are still people who get wrongfully sentenced. In a Guardian article, which was discussing the results of a study carried out by a group of legal experts, it was found that “At least 4.1% of all defendants sentenced to death in the US in the modern era are innocent, according to the first major study to attempt to calculate how often states get it wrong in their wielding of the ultimate punishment.” {12} Some may consider this to be a small percentage, but an innocent life was taken wrongfully and it cannot be undone. There are many examples of when people have been wrongfully convicted, to choose just one, there was a case in Alabama where Daniel Wade Moore an individual who was found guilty for the murder and sexual assault of a woman called Karen Tipton. He was given the sentence of death by a judge who rejected the jury’s accord. But, seven years later he was exonerated when 256 pages of withdrawn evidence were finally exposed. {13} Just based on this reason alone some people would be against the death penalty because there needs to be safeguards in place to protect the public if they were wrongfully convicted. The opinion of some would be that it would make more sense to give a life-sentence so that an individual can appeal their case and have plenty of time to prove their innocence. Although it is a factor that is very rare it still needs to be take into consideration as it is quite clear that even in this day in age that it is a problem occurring.
In many ways it is quite clear that the death penalty in places like the United States doesn’t work as a deterrent purely based on the fact that there are still people on death row and being executed. Many believe that if death was a deterrent it wouldn’t be used because people wouldn’t be committing the crimes that gives them a death sentence. The Brennan Centre for Justice did a study and found that “Capital Punishment is too infrequent to have a measurable effect of the crime drop”. {14} In another study by Professor Michael Radelet and Traci Lacock at the University of Colorado found that 78% of criminologists surveyed said that having the death penalty as part of the justice system of a state doesn’t lower the murder rate. {15} This is a large percentage and really shows just how ineffective capital punishment is.
Primary Research Results and Analysis
I decided to complete my own primary research in order to see a wide range of opinion from my peers and teachers. I asked a sample of 100 “If given the option, would you vote to have Capital Punishment reinstated in the United Kingdom?” I wanted to ask a range of different ages so I asked different year groups, Year 9, 12 and 13 and then I asked a sample of teachers. I compiled all the responses and the results found that 63% of those sampled would vote no to having the death penalty reinstated in the United Kingdom. Meaning 37% voted yes, they would have it reinstated.
I also asked the sample to give reasons for their answers and there was a wide range of different reasoning. The majority of people who voted no mentioned the problem of innocent people being sentenced to death and the miscarriage of justice that can’t be reversed once carried through. There was also a mention of human rights and how one of the first articles is that we all have the right to life and some also argued and used a quote once said by Gandhi who said “an eye for an eye makes the whole world blind” which many people believed and used to justify their answer of no.
Some other less popular answers that I got from the primary research was that some people believed that the death penalty is the easy way out for the individual who committed the crime and that they aren’t getting a punishment they deserve which is life imprisonment. They should have to see that what they did was wrong. Alongside that people also mentioned the fact that the death penalty costs more than life imprisonment and that it wouldn’t benefit our society it would just cause financial strain. Some of the sample also stated the fact that they believe everyone deserves a second chance and that the death penalty does not give the individual that chance. Similar to this people argued that it may not be the individuals fault, that the reason some of these people commit crimes is because they are mentally disturbed and they didn’t get the help that they so needed to prevent this type of behaviour. Some also went further in saying that money shouldn’t be put into bringing back the death penalty but it should be put into bettering the rehabilitation system and the early intervention of mental health issues as it is clear that people are reoffending, suggesting that the current system is ineffective.
Although the reintroduction of capital punishment can be argued against vigorously, there have also been debates in the past of the reasons for capital punishment and why it serves a purpose in society and although a small percentage there were still people in my survey that voted yes for the reintroduction of the death penalty. The main arguments that kept coming up in those who voted ‘Yes’ for the reintroduction of the death penalty was the fact that it could work as a deterrent and reduce the crime rate of serious crimes. Some people even went further to say that it also keeps our society safe as it ends the life of the worst criminals in society and stops them from being released back into the community. People in the sample also made the argument that they thought that life sentences are not enough of a punishment and they deserve worse as they committed the most heinous crimes. However, many added to their answer that it would only be acceptable for certain crimes and if there is substantial evidence to prove they are guilty. The most common answer that people gave was that the death penalty brings about justice for the families and victims. They suggested that it is the most suitable punishment to allow the families of the victims feel safe and put at ease that their loved one’s attacker is no longer with us.
Arguments For Capital Punishment
So, it is clear that there were more people in my primary research who would not like to see the reintroduction of the death penalty. However, my primary research survey was only given to a sample of 100 people, so who’s to say that if I were to open it up to the public the result it would be the same. There are many people that would like to see the reintroduction of capital punishment and there have been various people to argue that it does have a deterrent effect. David Muhlhausen is just one example and “he is a veteran analyst in The Heritage Foundation’s Center for Data Analysis” {16} who gave a testimony in 2007 about the effectiveness of the death penalty and believes that it deters crime and saves lives. He uses various different sources to back up his argument and he found out that “In Gallup's most recent poll, 67 percent of Americans favour the death penalty for those convicted of murder, while only 28 percent are opposed. From 2000 to the most recent poll in 2006, support for capital punishment consistently runs a 2:1 ratio in favour.” {15} Muhlhausen in his testimony mentioned the work of Professor Isaac Ehrlich whose research found that capital punishment had a strong deterrent effect. {17}
Michael Summers (Professor of Management Science at Pepperdine University) and Paul H. Rubin (Professor of Economics) are also examples of people who either carried out or have been involved in research that suggests that Capital punishment does work as a deterrent. Michael Summers found in a recent study that research showed that for each execution carried out is correlated with 74 few murders. {18} Similarly, Paul H. Rubin found out with better data and technology of today that Capital Punishment has a strong deterrent effect with each execution deterring between 3 and 18 murders. {19} This in many ways is a compelling argument and for many would be a necessary evil to execute an individual who is a threat to society as it will prevent further heinous crimes from occurring as well as preventing the suffering victims and families of the individual. Alongside this argument many people often make the point, that although the death penalty is more expensive than the cost of a life sentence, in regards to court case cost specifically, in the long run it could save money as it will prevent further crime, which would mean that less and less people would be sentenced to the death penalty meaning money would be saved looking into the future.
In regards to the execution of innocents, many consider this to be an irrelevant argument due to the advancement of technology in more recent years. One in particular that is the most interesting and not yet fully apart of the justice systems but is definitely something that will come into force in the future is Brain Fingerprinting. “Brain fingerprinting (BF) detects concealed information stored in the brain by measuring brainwaves. A specific EEG event-related potential, a P300-MERMER, is elicited by stimuli that are significant in the present context. BF detects P300-MERMER responses to words/pictures relevant to a crime scene, terrorist training, bomb-making knowledge, etc. BF detects information by measuring cognitive information processing. BF does not detect lies, stress, or emotion. BF computes a determination of “information present” or “information absent” and a statistical confidence for each individual determination. Laboratory and field tests at the FBI, CIA, US Navy and elsewhere have resulted in 0% errors: no false positives and no false negatives. 100% of determinations made were correct.” {20}
There are also safeguards in place that together with the advancement of technology make it less likely for an innocent individual to be sentenced to death. The United Nations put safeguards in place in order to guarantee that the rights of an individual who faces the death penalty are protected. There are nine main rights or safeguards for which are laid out so there is no misconduct within the system, they were approved by the economic and social council on the 25th May 1984. To take a few rights, “In countries which have not abolished the death penalty, capital punishment may be imposed only for the most serious crimes, persons below 18 years of age at the time of the commission of the crime shall not be sentenced to death, nor shall the death sentence be carried out on pregnant women, or on new mothers, or on persons who have become insane and capital punishment may be imposed only when the guilt of the person charged is based upon clear and convincing evidence leaving no room for an alternative explanation of the facts.” {21} Taking these into consideration it would seem to be impossible for someone to be wrongfully convicted and sentenced to the death penalty but although it has happened in the past, nowadays it would be hard for someone to be sentenced if they were innocent, as a result of the advanced methods used. “DNA fingerprinting is a laboratory technique used to establish a link between biological evidence and a suspect in a criminal investigation. A DNA sample taken from a crime scene is compared with a DNA sample from a suspect.” {22}
So, if they are convicted it would only be a matter of time before they would be proven innocent as if they were not at the scene of the crime they can’t be linked to the crime, therefore they would not be sentenced to death. With the technology today and the DNA testing specifically there have been cases where people have been saved from death due to new evidence being found. An example includes the case of Marcellus Williams, who was convicted for fatally stabbing Lisha Gayle during a burglary. The Governor of Missouri made the decision to halt the execution, when DNA evidence was found on the murder weapon not matching Williams, but another unknown suspect. So, for many this would prove that innocent people have nothing to worry about as sufficient evidence is necessary. {23} Alongside this, even if someone who was innocent was sentenced to death they wouldn’t be immediately put to death. They would be placed on death row and often wait decades to be executed. The reason for this, which the Atlanta Constitution summarised simply in a quote saying “The surer you are, the slower you move”. {24} Put simply means that in order to be sure that a person is guilty and should be put to death you need to take time and effort to prove it. Although, it takes years for a death sentence to go through and it is painful for victims’ families as well as the prisoners themselves, it is necessary as thorough appeals can make sure that no big mistakes were made that would have maybe been missed if to say the case was rushed and the individual being sentenced was sentenced straight away.
There also needs to be the consideration of the families of the victims, it is often debated that they should have a say in deciding the punishment of the criminal who committed the crime against them and their loved ones. It is also often debated that in killing the individual who wronged them will bring the families closure and peace of mind that their loved one’s killer, for example, is no longer and it prevents further harm they could have caused to other people’s families. An example of where it brought closure is when the Boston Bombings occurred, and one individual who was seriously injured during a shoot-out with the bomber, as he was a police officer at the time. Dzhokhar Tsarnaev was sentence to death and Richard Donohue said, “The verdict, undoubtedly a difficult decision for the jury, gives me relief and closure as well as the ability to keep moving forward”. {25} This shows that a death penalty verdict can bring closure to victims and is beneficial to society by not allowing an individual who is a danger to the public to live.
Conclusion
In order to conclude and answer my question of ‘Should capital punishment be reinstated in the United Kingdom now we are no longer under European law?’ I need to compile all of the evidence I found for and against the question as well as taking into consideration the arguments put forward by the sample of people in the survey. If taking into consideration the survey answers, there were considerable votes against the reintroduction of capital punishment. This could suggest that the majority of people don’t see a place for the death penalty in our current justice system and the arguments they gave support this opinion. The arguments varied from the worry that innocent lives could be taken as seen in the past, there was also a mention that it would go against the human rights of the individual at hand and some argued the fact that costs are greater than a life imprisonment sentence and a small few claimed that in killing them the individual wouldn’t be getting the punishment that they deserve. Although it is still worth mentioning the 37 people in the survey that voted yes. From the sample of 100 it is hard to say what the outcome would be if the survey was opened to the public. Some of the arguments given by that percentage have some value, and range from the fact that it works as a deterrent and that it is the most suitable punishment for those who commit heinous crimes. The most given argument however was that it would bring justice to the family.
Throughout my essay I argued both sides of the argument in order to get a conclusive answer as to whether the death penalty should be brought back into our society in the United Kingdom and taking into consideration all of the evidence given I think that Capital Punishment shouldn’t be reintroduced. I came to this conclusion as a result of the fact that there is more substantial evidence to support the fact. When it came to discussing the For arguments I found that they did not have sufficient evidence to support them, in fact a lot of the arguments were based on opinion and can not be proved. For example, in regards to whether it brings closure to the families there is no set way to prove that it does because people grieve and deal with loss differently. There have been many cases in which people have benefitted and found closure in forgiving the individual that wronged them. Alongside this I also found that the evidence to back up the against arguments held more value and the arguments had more statistical data to support them. When discussing the costs for example I found out that it costs more to sentence someone to death than to give them a life sentence and that is just the cost of the trial. As well as this many people who are sentenced to the death penalty, spend over a decade death row before an execution date is set, so there are living costs that still have to be payed. I also found that the against arguments outweighed the for arguments, not only in value, but quantity as well.
Taking into consideration all the points made it would be illogical to reintroduce Capital Punishment with government funds already limited and the fact that there is data to suggest it doesn’t work as a deterrent. As well as this it could be argued that there needs to be more funds and time put into the rehabilitation and education of the individuals in prison so that they can possible get a second chance and hold a place in our society.