The Abolition of Capital Punishment

What happened to capital punishment in the 20th century?

At the start of the 20th century, capital punishment was still used - usually for the crime of murder. However, attitudes were changing and a range of laws were introduced that led to the abolition of the death penalty in the 1960s.

How many people were executed in the modern period?

While public executions ended in 1868, after 1840 there were around 15 executions a year - all for murder.

What were the arguments against capital punishment?

Abolitionists (those who wanted to end capital punishment) began as a minority but had 4 main strong arguments:

• ❖ Other European countries had abolished capital punishment without a noticeable increase in crime.
• ❖ Mistakes were made and sometimes the wrong person was executed.
• ❖ Most murderers acted on the spur of the moment and without thinking. Therefore, capital punishment did not deter others from killing.
• ❖ Execution went against the teachings of different religions, and against the Christian ideals of forgiveness and the sanctity of life.

What were the arguments for capital punishment?

Those who wanted to retain capital punishment had 4 main arguments:

• ❖ It had a deterrent effect and criminals would be more likely to carry weapons if there was no danger of them being hanged for murder.
• ❖ Life imprisonment was expensive and, in a way, even more cruel.
• ❖ Murderers who served a sentence and were then released might kill again.
• ❖ Execution showed the proper contempt for murder and avenged the life of the victim.

How did the Second World War impact capital punishment?

Following the Second World War and the horrors of the Holocaust, there was a growing feeling that execution was un-Christian and barbaric - an action one associated with Hitler's Germany rather than Great Britain.

What about human rights and the death penalty?

There are 3 key points to note about human rights and the death penalty:

• ❖ The death penalty was challenged when, in 1948, the United Nations issued its Declaration of Human Rights, which Britain signed.
• ❖ It stated, 'Everyone has the right to life, liberty and security of person'.
• ❖ It also stated, 'No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment'.

How did capital punishment decline in the 20th century?

Before the death penalty was fully abolished, 4 main steps were taken to limit the punishment:

• ❖ In 1908, the Children's Act ended hanging of under-16s.
• ❖ In 1922, the Infanticide Act ended execution for mothers who killed newborn babies. This leniency was due to a better understanding of the impact of pregnancy and childbirth on the mental state.
• ❖ In 1933, hanging of under-18s was ended.
• ❖ In 1957, the Homicide Act limited the death sentence to 5 categories of murder - murder of a police or prison officer; murder by shooting or explosion; murder while resisting arrest, while carrying out a theft; murder of more than one person.

What did Parliament do about capital punishment?

In Parliament, opinions about the death penalty were strongly divided. The House of Commons passed bills abolishing the death penalty in 1948 and 1956, but these were blocked by the House of Lords.

How did capital punishment end?

There are 4 important facts to note about the process of the abolition of the death penalty:

• ❖ In 1965, Home Secretary Roy Jenkins had strong views about ending the death penalty and his influence started the process of abolition.
• ❖ In 1965, the Murder Act suspended the death penalty for murder for 5 years.
• ❖ In 1969, an amendment to the Murder Act made the suspension permanent, except for a few crimes including espionage, arson in the royal docklands, and piracy with violence.
• ❖ In 1998, high treason and piracy with violence were no longer punishable by death.

When did opinions on the death penalty change?

In the 1950s, a series of 3 controversial executions caused the public to increasingly question the death penalty.

Why did opinions on the death penalty change?

There were 3 controversial executions that caused opinions to change:

• ❖ The execution of Timothy Evans in 1950.
• ❖ The execution of Derek Bentley in 1953.
• ❖ The execution of Ruth Ellis in 1955.