Re-Introduction of Capital Punishment in the UK

Introduction

Capital punishment (CP), also called the death penalty (DP), has been considered an effective measure to prevent severe crimes such as murder. However, some governments have decided to abolish the death sentence since it does not correspond to the ethical and legal practices of the modern world. Therefore, whether CP should be re-introduced in the UK for murder crimes remains an open question, as it requires a thorough assessment and consideration of potential outcomes.

What is the Crime of Murder and Capital Punishment

Murder is one of the cruelest crimes that no one deserves. The crime of murder or homicide refers to an event when someone kills another person illegally. For instance, California Penal Code defines murder as a crime committed with malice aforethought.¹ The killing of another individual may also be unintentional and is called manslaughter, considered a less severe crime.² Nevertheless, murder still represents a crime requiring an appropriate reaction.

In any case of illegal killing, a murderer is charged with responsibility, and CP is applied. In other words, it occurs when the state uses the DP to punish an offender.³ Some common Western methods of punishment include hanging, electrocution, and injection of a lethal substance. In some countries, beheading, shooting, and stoning are used nowadays.⁴ In view of such cruel ways of bringing justice, it remains unclear if it can help to reach the intended outcomes.

Brief History of Capital Punishment

Since the discussion touches upon the UK, it is reasonable to consider the history of CP in the context of this state. In the 20^th century, the guilty of murder underwent death as a mandatory punitive measure. Usually, the offenders were hanged if the Home Office did not respite their sentence to commute it to imprisonment.⁵ The death sentence practice was exercised before the limitation of selecting specific murder categories until 1957.⁶ In 1965, the DP was finally abolished in the UK.⁷ Anyhow, the cancellation of CP poses the question of whether the death sentence was ineffective.

Nevertheless, the colonization legacy seems to leave traces in the laws adopted. Although 41% of all sentences within the period of 1900-1965 were commuted by the Home Office, the preference for white men prevailed.⁸ For example, only eighteen of fifty-three accused men of color had their sentences mitigated.⁹ Thus the racial aspect of CP should be regarded in terms of the reasonability and effectiveness of the DP.

Arguments For and Against Capital Punishment

The contentious debate on the necessity of CP continues these days. Many adherers of the DP rely on justice, meaning that a killer has to be punished according to a well-known Biblical an-eye-for-an-eye principle.¹⁰ In addition, by punishing a guilty murderer, the state conveys a message to citizens that the killing is unacceptable and the relevant punishment will follow. Finally, the death sentence results in increased public safety because there are no more threats that the offender will murder someone later. However, neither these arguments nor the continuation of CP eradicates the severe crime, which forces one to question whether this punitive measure makes sense and is humane.

On the other hand, opponents to the DP do not see it as a fair means to prevent murder. Moreover, some prosecutors may deliberately abuse their authority and make arbitrary decisions, which not only violates the human right to live but may also result in sentencing an innocent person.¹¹ Hence, there is a racial disparity in the administration of the DP, which represents a common phenomenon in both the UK and U.S.¹² Finally, abolitionists often argue that CP is an obsolete and barbaric practice, and it serves as the reason why many states canceled the DP and substituted it with measures that are more humane.

Effectiveness of Capital Punishment

The effectiveness of CP can be different with respect to the context of a certain country. Despite the fact that almost half of Britons support CP and 50% are against it, public opinion still does not reflect the reasonability of such a sentence.¹³ Furthermore, the lack of knowledge may cause support for the DP, as the study of the Chinese context demonstrates.¹⁴ The majority of the Chinese students-respondents believe that CP is the effective deterrent measure.¹⁵ On the contrary, in India, an increasing number of executive professionals tend to question the deterrent capabilities of the death sentence.¹⁶ In Australia, legal professionals also fight to abolish the DP at the international level, emphasizing the fact that CP ruins families.¹⁷ It allows for the statement, that the death sentence is not only a discussion subject of the criminal law but also a phenomenon that dramatically impacts the social area of citizens’ lives.

Conclusion

Finally, the findings do not support the re-introduction of CP in the UK. In addition to the cruelty and savagery of the DP, it proves to be ineffective in curbing the murder crime. Nevertheless, some countries retain CP as a measure that somehow regulates the level of crimes and prevents citizens from crime commitment. However, the UK is a civilized state, and thus it should seek other ways to deter its citizens and ensure public safety.

References

Bin Liang, Jianhong Liu, Hong Lu, ‘Variability of Death Penalty Attitude in China: An Empirical Test of the Marshall Hypotheses’ (2019) 72 Crime, Law and Social Change. Web.

‘Capital Punishment’ (politics.co.uk, 2022) Web.

Isabelle Kirk, ‘Britons Don’t Tend to Support the Death Penalty… Until You Name the Worst Crimes’ (YouGov, 2022) Web.

Julian McMahon, ‘Anti-death penalty advocacy: A lawyer’s view from Australia’ (2022) 11(3) International Journal for Crime, Justice and Social Democracy, Web.

Lizzie Seal and Alexa Neale, ‘Racializing Mercy: Capital Punishment and Race in Twentieth-Century England and Whales’ (2020) 38(4) Law and History Review. Web.

Mensah Adinkrah and William M. Clemens, ‘To Reinstate or to Not Reinstate? An Exploratory Study of Student Perspectives on the Death Penalty in Michigan’ (2018) 62(1) International Journal of Offender Therapy and Comparative Criminology. Web.

Vanshika Mishra, Vaishali Haldia, Mayank Singh, Abhiranjan Dixit, and Shashank Tyagi, ‘Capital Punishment: An International and Indian Perspective’ (2022) 7(6) International Journal of Mechanical Engineering. Web.

‘What’s the Difference Between Homicide, Murder, and Manslaughter?’ (The Law Office of Stein & Markus, 2022) Web.

Footnotes

1. ‘What’s the Difference Between Homicide, Murder, and Manslaughter?’ (2022) The Law Office of Stein & Markus
2. Ibid
3. ‘Capital Punishment’ (2022) politics.co.uk
4. Ibid
5. Lizzie Seal and Alexa Neale, ‘Racializing Mercy: Capital Punishment and Race in Twentieth-Century England and Whales’ (2020) 38(4) LHR 883
6. Ibid 883
7. Ibid 883
8. Ibid 883
9. Ibid 883
10. Mensah Adinkrah and William M. Clemens, ‘To Reinstate or to Not Reinstate? An Exploratory Study of Student Perspectives on the Death Penalty in Michigan’ (2018) 62(1) IJOTCC 233
11. Ibid 235-236
12. Ibid 236
13. Isabelle Kirk, ‘Britons Don’t Tend to Support the Death Penalty… Until You Name the Worst Crimes’ (2022) YouGov
14. Bin Liang, Jianhong Liu, Hong Lu, ‘Variability of Death Penalty Attitude in China: An Empirical Test of the Marshall Hypotheses’ (2019) 72 CLSC 1
15. Ibid 25
16. Vanshika Mishra, Vaishali Haldia, Mayank Singh, Abhiranjan Dixit, and Shashank Tyagi, ‘Capital Punishment: An International and Indian Perspective’ (2022) 7(6) IJME 300
17. Julian McMahon, ‘Anti-death penalty advocacy: A lawyer’s view from Australia’ (2022) 11(3) IJCJSD 12