Introduction
‘Capital Punishment’ or the ‘Death Penalty’ is the judicially ordered, lawful infliction of death as a punishment for a serious crime called a ‘capital offence’ or a ‘capital crime. The issue of Capital Punishment has come under increasing global spotlight during the last 5 decades. There have been several arguments for and against Capital Punishment, with some countries abolishing it and others retaining it.
The U.K falls under the former category, albeit having being among the latter category until 1964. (Clark). It is my contention that Capital Punishment is mandatory to ensure keeping the individual and society’s faith in law and the legal system thereby making our country a better and safer living place; the U.K should therefore reintroduce Capital Punishment as soon as possible.
Arguments for Capital Punishment
Incapacitation of the criminal
Capital Punishment permanently removes the worst criminals from society. People like Beverley Allitt and the perpetrators of the Hungerford and Dunblane massacres do not deserve to live. Death permanently incapacitates such monsters and prevents them from committing any offences either within prison or after escaping or being released from prison (Clark). Life imprisonment , is too devoid of good sense for such evil, sick and barbaric psychopaths.
If they are not executed, they will use every possible escape route to get off (e.g. plea bargaining, citing grounds of alleged psychiatric disorders, intimidating key witnesses). Even life without parole sentences will only incite prisoners to kill staff or inmates or take hostages in a bid to escape. Moreover, there is no guarantee that future governments will not liberate such offenders (Clark).
Joseph de Maistre, a French diplomat hit it absolutely right even as early as the eighteenth century when he said: “All grandeur, all power, all subordination to authority rests on the executioner: he is the horror and the bond of human association. Remove this incomprehensible agent from the world and at that very moment order gives way to chaos, thrones topple and society disappears” (Studyworld.com).
Capital Punishment is economically correct
Life imprisonment is expensive. By helping to reduce the social costs of criminal activity as well as the apprehension and conviction costs for crime, Capital Punishment saves the money of the State and its taxpayers – such money that can be used on the more genuinely needy. In the U.K, it costs £ 700 a week at present for an ordinary prisoner, which works out to more than £ 500,000 for a typical 15-year life sentence. Similarly, life without parole (LWOP) only increases the expenses of the State (Clark).
Just retribution is delivered
The present justice scenario displays more allegiance for condemned convicts than it does for their victims. By adopting Capital Punishment, the fundamental principle of justice, namely, ‘the punishment should fit the crime’ is upheld (Messerli). Society still views murder as a particularly heinous crime that should justify the most severe punishment. Capital Punishment is a just punishment based on the vengeance principle of “lex talens” – one that is also advocated under Leviticus in the Bible. A criminal has taken the life or lives of other human beings, and it is only just and proper that his or her life be taken away in retribution (Clark). Aristotle also echoes this view advocating “giving each his due”, interpreted as “that the worst crime be punished with society’s worst penalty” (Morley).
Deterrence is created
Capital Punishment serves as an active deterrent to others. Crime would grow wildly and unchecked, blossoming into an uncontrollable menace if there is no way to discourage people from perpetrating crimes. Life imprisonment is a soft deterrent; for most hardened criminals, more is needed. For those criminals who already in prison, the threat of their sentence being upgraded to Death Row will deter them from committing murder while in prison or if they manage to escape and engage in an extravagant crime/murder activity (Messerli)
The victim’s family feels vindicated
Capital Punishment provides a sense of finality, of at last coming to terms with a bad experience to the victims’ families who undergo a tremendous amount of suffering and anguish. These family members have been made orphans, widows and childless all due to the barbaric action of a psychopath. It may even take decades for some of them to get over the sudden, powerful and intensely distressing loss of their loved one; for some of them, full recovery may never take place. Capital Punishment brings closure to an extremely unpleasant experience in the lives of the family members of victims (Messerli).
Life imprisonment is worse than Capital Punishment
From convicts’ point of view, the quick death provided by Capital Punishment is often much better than the long term of life imprisonment characterised by hard labour. This feeling is particularly strong if the convicts are young; they face the daunting prospect of spending year after interminable year in a literal living tomb, carrying out extremely difficult and monotonous labour with no hope of let up or reward for their efforts (Morley). There is also the danger of physical harm from fellow vicious prison inmates including beating, mugging and rape.
Good effect on society
Capital Punishment makes people realise that it is not easy to get away with crime in general and high profile crime in particular. The long arm of the law is definitely around to catch them, the justice system is there to convict them and Capital Punishment is waiting to execute those that deserve that punishment. The tremendous amount of media coverage for such executions, plus the tendency of people turning up in large numbers to witness executions (Clark).
Documents of authority implicitly or explicitly allow for Capital Punishment
Many documents guaranteeing the right to life either directly or indirectly make allowances for Capital Punishment. The Christian Bible recommends Capital Punishment for crimes of murder, kidnapping and witchcraft (Clark). The International Covenant on Civil and Political Rights declares: “No one shall be arbitrarily deprived of his life. In countries that have not abolished the Death Penalty, sentence of death may be imposed only for the most serious crimes” The American Convention for Human Rights states: “Every person has the right to have his life respected. No one shall be arbitrarily deprived of life (emphasis added)”, signifying the document does not prevent all taking of human life by the government, just that which is arbitrary (Morley).
There is no possibility of mistake
Pro-Capital Punishment advocators refute allegations that innocent people are frequently executed by saying that the trails and appeals system is so careful that the chances of convicting innocent persons are virtually non-existent. Secondly, DNA testing can now scientifically and officially remove any doubts about whether a person is innocent or guilty. Even after the above two precautions, there is a third safeguard: the jury; it is mandatory for a jury of 12 members to unanimously pronounce a person guilty (Messerli).
Empirical evidence
In the modern day scenario, empirical evidence points to the fact that Capital Punishment is the only real and effective way to combat the rise of crime. In the U.S., the murder rate dropped from 24,562 in 1993 to 18,209 in 1997 and 15,600 in 2003. In Singapore, which also practises Capital Punishment, the number of people executed dropped from 7 in 1995 to 4 in 1996, 3 in 1997 and just 1 in 1998.
On the other hand Britain, which abolished the Death Penalty in 1964, has witnessed a steadily rising murder rate which increased by more than 100 percent from 0.68 to 1.42 per 100,000 of the population. The rate was 300 before 1964, rose to 565 in 1994 and 833 in 2004. Ominously, between 1965 and 1998, 71 murders were committed by people released from prison after serving life sentences. Most significantly, the overall public view in the U.K is strongly in favour of reinstating Capital Punishment (Clark).
Conclusion
Capital Punishment is not a new phenomenon in the U.K. It existed as far back as 1500 when it was used to punish criminals committing murder, theft, rape, arson and treachery. After a decade and a half following the passing of the Waltham Black Acts in 1723 advocating Capital Punishment for capital offences, the following century witnessed nearly 9,000 civilian executions in England and Wales.
In current times, the U.K is being hampered from reintroducing Capital Punishment by two restraints: the first is the European Union, which does not have member nations that practice Capital Punishment, and does not permit members to adopt the practice; the second is the fact that reinstating an abolished practice is always harder than introducing a new practice or measure (Clark). Robert Matthews, a journalist for ‘Focus’ magazine wrote: “Some people argue that the absence of Capital Punishment in this country is the mark of a civilised society. I believe we are rapidly becoming uncivilised. Some of the things that happen on our streets and in people’s homes certainly do not constitute civilised behaviour” (Studyworld.com).
In the light of the above arguments and the supporting empirical evidence, Capital Punishment should be reintroduced in the U.K. We should prepare the framework in society from grass roots level to support Capital Punishment, starting by introducing stricter rules to first instill proper disciple in wayward children at school and on the streets, and then moving on to tackle young ruffians , and finally going on to tackle older thugs.
We can thus spawn a generation or two of people who adhere to socially acceptable patterns of behaviour. It is noteworthy that Singapore, which uses Capital Punishment, has strict disciplinary regulations at all levels of society ; as a result, it boasts of one of the lowest crime figures in the world (Clark).
Reintroducing Capital Punishment in the U.K would not only be effective in deterring the most heinous crimes against humanity, but also in deterring the most feared modern day criminals: international terrorists. International terrorism, spearheaded by the dreaded Al Qaeda headed by Osama Bin Laden, has burst onto the international scene as never before since the 9/11 attacks in the U.S. Since then, it has wrecked havoc in different parts of the world .
Members of Al Qaeda and its network of international terrorist organisations deserve the strongest possible punishment from all countries, and there can be nothing better, nothing that will send a stronger message to these dastardly criminals, than Capital Punishment.
References used
- Clark, Richard. “Arguments For and Against Capital Punishment.” Capitalpunishmentuk.org. (N.d). Web.
- “Debate over Capital Punishment – A Pro Stance.” Studyworld. 2004. Web.
- Messerli, Joe. “Should the Death Penalty be banned as a Form of Punishment?” Balancedpolitics. 2007. Web.
- Morley. “At the Edge of the Oath”. Princeton. 1998. Web.