NCJ Number
140820
Date Published
1988
Length
7 pages
Annotation
This paper presents arguments for and against the reintroduction of capital punishment in the United Kingdom.
Abstract
The death penalty for murder was abolished in the United Kingdom in November 1965 by the Murder (Abolition of Death Penalty) Act 1965. In examining the deterrent effect of capital punishment, there was an increase in murders deemed to be capital murder under previous capital punishment legislation in the initial years following the abolition of capital punishment. This increase began, however, before abolition, and there was a corresponding increase in non-capital murder. There was also a corresponding increase in violent crimes generally, for which there was no change in penalties. Evidence from abroad also casts doubt on the unique deterrent value of capital punishment. Since a substantial proportion of murders are committed by people in an abnormal mental state, most murder victims are killed in circumstances of rage, quarrels, or jealousy. The deliberately planned and carefully executed murder is relatively rare. Proponents of the death penalty suggest that substantial numbers of second murders are committed by people who would have been hanged for their first offense if capital punishment were available. The flaw in this argument is that most murders are not capital murders. Also, since abolition of the death penalty, a series of cases has made society aware that mistaken convictions do occur. Members of prison staff have stated that the reintroduction of the death penalty would undermine inmate-staff relations and move the prison service back to a more brutal era. Another problem in capital punishment legislation is the inevitable arbitrariness of distinguishing between capital and non-capital murder. Those who argue that capital punishment should be applied to terrorist offenses that result in death fail to appreciate that terrorist behavior is particularly resistant to deterrence, and capital punishment may make terrorists more violent and prolific.