Should The Death Penalty Be Reintroduced In Uk?

[willbewhatiwill]

I believe death penalty should not be reintroduced, as life imprisonment without the possibility of parole is as effective against murder as death penalty because:
• It is possible that death penalty can be carried on a prison who actually did not commit the crime.
• A desperate murderer may try to avoid arrest by committing more murder to save himself/herself from facing the death penalty.
• life imprisonment without the possibility of parole is sufficient deterrent to murder.

As a person who has done a conversion course in Law for graduates (LLDip), I know that the intention (mens rea) for murder, under English Law, is ‘malice aforethought’ & the fixed penalty for murder is fixed at statutory live imprisonment. The medical condition of the victim is not an excuse to murder in Law – as the perpetrator ‘takes the victim as he found him’ (i.e. in good or poor health), hence a terminally ill person can be murdered.

There are different degrees of killing of a human being – from mercy killing, accident, self-defence, negligence, diminished responsibility, provocation, insanity, intentional killing to evil killing in aggravated circumstances. Hence the penalty for causing the death of a human being can range from community service (like ‘mercy killing’, genuine accidental death) to life imprisonment without the possibility of parole.

[Jackdaw33]

1. The death penalty was not formally abolished until 1969, although suspended in 1965.

2. Until 1957 it was mandatory for all murders via s.61 OAPA 1861.

[THECORBYLOON]

The question is about re-introducing capital punishment in the UK. If I were to detail the legal process in China for example, what bearing would that have on the pros and cons?

[willbewhatiwill]

New judge,

Everyone who listen to (or read) the news will know that lifers are often released (on parole licence for life) after about 12 years in prison. This is not ‘rocket science’ or profound information.

[THECORBYLOON]

JD, the 1969 act applied only to Great Britain, not to the UK.

[willbewhatiwill]

THECORBYLOON,

I only mentioned USA when taking about case law for handing down death sentences (as currently UK do not have capital punishment) by the jury (after the Judge's summing-up to the jury).

[Zacs-Master]

We know you 'only mentioned' it. The question is why, on a post about UK law.

[willbewhatiwill]

Zacs-Master,

I mentioned USA in this thread in answer to questions by other posters asking about case law for handing down death sentences and about who (Judge or Jury) determine death sentences.

[Zacs-Master]

They were asking about U.K. Case law. You know.....in relation to your OP.

[willbewhatiwill]

Zacs-Master,

I have answered asked, "Could you give me some legal background as to why a hit man wouldn't receive the death penalty?" - using practice in USA as an example, as UK currently do not have capital punishment.

[THECORBYLOON]

Is there evidence of hit men not being hanged in the UK when we DID have that penalty?

[Zacs-Master]

I've no idea, Will but using US case law to illustrate a non existent point in U.K. Law is a little strange.

[bhg481]

I think I mislead this discussion earlier when I brought up the subject of hit-men. My comment was in response to willbewhatiwill's comment that murderers are disordered, desperate and beyond the pale. I was saying that hit-men do not fall into that category. The comment was NOT intended to say that hit-men did or did not deserve the death penalty compared with anyone else committing murder.

[willbewhatiwill]

bhg481,

Murders who are hit-man are disordered, desperate and/or beyond the pale.

[Zacs-Master]

I mentioned it previous to yourself bhg. I called them assassins, but really the same thing.

[willbewhatiwill]

I meant: Murderers who are hit-man/hit-woman are disordered, desperate and/or beyond the pale.

[Zacs-Master]

'Murders who are hit-man are disordered, desperate and/or beyond the pale'

Quite,the contrary, Will. They have to plan in detail, be calm and collected and their only pressure lies in doing a job and getting paid for it.

Not sure what 'beyond the pale' means in this context.

[willbewhatiwill]

Zacs-Master,
I mentioned 'beyond the pale' to mean in the course of usual decent/accepted human behaviour.

[THECORBYLOON]

Surely anyone convicted of an offence is beyond the pale, especially if they're in gaol?

[bhg481]

If you're defining "beyond the pale" as "not usual decent/accepted human behaviour", then I'll agree but I agree with Zac that they are calm and organised. They do not carry out their killing in a moment of madness but carefully plan it and are likely to repeat it - it's their job.

[willbewhatiwill]

THECORBYLOON stated, "Surely anyone convicted of an offence is beyond the pale"

When I mentioned ‘beyond the pale’, I meant totally outrageous unacceptable behaviour a society would not accept – murder (not all crimes) would normally be considered as such.