Any attempt to reintroduce capital punishment must be bitterly resisted

Martin Shipton
I wondered how long it would take for Reform UK to moot the reintroduction of capital punishment.
It’s what I would expect from a populist, far-right party for whom the exploitation of unthinking, knee-jerk instincts is infinitely more important than evidence-based policymaking.
So I wasn’t blown away when Reform MS Cristiana Emsley posted on X the Sun headline “Man tried to rape homeless woman as she lay dying in street” with the accompanying comment: “What kind of barbarian tries to rape a dying woman? Utter depravity. It’s time for a sober national debate on the death penalty.”
Clicking on the link, I read the Sun story: “A man allegedly attempted to rape a woman as she lay dying in a city centre.
“Hassan Shah was caught on CCTV entering the victim’s tent last year, a court has heard.
“Shah, 26, did not speak to the woman as he pulled down her clothing inside the tent in Bradford, the jury heard.
“It is unknown if the homeless victim was already dead during the attempted rape on November 8 of last year, cops said.
“After playing CCTV footage of the attack at Bradford Crown Court, the prosecutor, Mr Wright, told the jury: ‘During the entire incident you will see that (the victim) does not move. The reason that she did not move is that she was either dying or in fact dead at the time. I should make it clear at the outset that (she) died for reasons unconnected to Mr Shah.’
“It is understood the victim passed away after a combination of synthetic cannabis and alcohol.
“A judge had ruled that Shah had a low IQ and a learning disability that left him ‘unfit to plead’. He therefore was not present at court for the hearing.
“The jury came to a unanimous decision that Shah ‘did the acts’ in respect of allegations of attempted rape and attempted assault by penetration.
“Because of the man’s disability, he is not able to serve a prison sentence, and so instead may face a hospital order, supervision order or discharge.
“The case has been adjourned until December for reports to be prepared.”
It’s a horrible story, and it seems that Ms Emsley is driven to contemplate restoring capital punishment on the back of it.
In my view, the implications are as disturbing as the original crime. The victim died for reasons unconnected to the perpetrator, and the perpetrator himself was considered unfit to plead because of his mental incapacity. Yet, in a throwaway social media post aimed at securing dog-whistle support for her party, Ms Emsley opens up the prospect of reintroducing state-endorsed execution for people who are mentally deficient and haven’t even committed murder.
I have both emotive and rational objections to capital punishment. From a young age, I have had a great interest in miscarriage of justice cases and found it upsetting to read about people who had been executed for crimes they had not committed.
Later, I got to know Michael O’Brien, one of the Cardiff Newsagent 3, who spent 11 years in prison for the murder of Phillip Saunders before being exonerated and having his conviction quashed. I interviewed him at his home in Ely, Cardiff, on the day he was released from prison.
Over the years since, I have discussed with him many times the fact that, but for brave MPs like the largely forgotten Sidney Silverman, the UK would still have capital punishment and he would have been executed. Maybe my adolescent reading of Kafka, which influenced me greatly, helped me gain a particular empathy for miscarriage of justice victims.
Appalling rituals
But I’ve also found that the mechanics of execution have led me to a place where I don’t want to be. I don’t want to have sympathy for callous, psychopathic murderers, but the appalling rituals that have grown up in the United States in particular around state killing have taken me in that direction.
Years ago, when some states still used the electric chair, I was appalled when, to counter anti-capital-punishment protests outside a prison where an execution was due to take place, those in favour chanted through a loudspeaker: “Let the motherfucker fry!” They were, needless to say, evangelical Christians – or at least that’s what they called themselves.
Recent developments show that there has been no improvement. The botched attempt to execute Christa Pike in Tennessee was nauseating, and I was shocked by the matter-of-fact way it was reported. Trump’s decision that the firing-squad execution of the army medic who killed 13 troops at a military base should be live-streamed may have been withdrawn, but the fact that it could be seriously proposed is an indication of how low the US has sunk under its deranged president.
What is the point of capital punishment anyway? For some, including those who shouted “Let the motherfucker fry”, it’s a matter of pure Old Testament-style vengeance. An eye for an eye – a life for a life. Perhaps Ms Emsley inclines to that view, even though Romania, the country from which she migrated, first abolished it for peacetime murders in 1864.
Vengence
Vengeance, however, is no basis for evidence-based legislation, as Ms Emsley should know, having recently been elected chair of the Senedd’s Legislation Committee.
In addition to my moral opposition to judicial state execution, the incidence of wrongful convictions should surely be justification enough to rule out capital punishment.
But there is a further objection which is very much grounded in evidence: the fact that capital punishment doesn’t work as a deterrent.
Amnesty International has produced a myth-busting document that distils the evidence against the notion that execution acts as a deterrent to murder.
It states: “Evidence from around the world has shown that the death penalty has no unique deterrent effect on crime. Many people have argued that abolishing the death penalty leads to higher crime rates, but studies in the USA and Canada, for instance, do not back this up. In 2004 in the USA, the average murder rate for states that used the death penalty was 5.71 per 100,000 of the population as against 4.02 per 100,000 in states that did not use it.
“In 2003 in Canada, 27 years after the country abolished the death penalty, the murder rate had fallen by 44% since 1975, when capital punishment was still enforced. Far from making society safer, the death penalty has been shown to have a brutalising effect on society. State sanctioned killing only serves to endorse the use of force and to continue the cycle of violence.”
Spur of the moment
Responding to the argument that individuals are less likely to commit violent crimes, including murder, if they know they will face punishment by execution, Amnesty states: “This argument supposes that criminals study and anticipate the consequences of getting caught, and decide that a long term of imprisonment is acceptable, whereas execution is not. Many crimes are committed on the spur of the moment, leaving little opportunity for potential punishments to influence whether the crime is committed in the first place as criminals do not believe they will be caught and held to account.
“The death penalty may even cause further violence. Execution is the ultimate sanction a state can inflict upon a person. Once criminals have knowingly committed a capital offence, they no longer have any interest in lessening their potential punishment by not committing further murders or other offences. For example, if armed robbery carries the death penalty, the robber loses nothing by committing murders while attempting to flee.”
Opposition to the death penalty is not “woolly liberalism”, as far-right groups suggest. It is founded on principles of justice that should be inherent in any fair society.
The far right, who derive inspiration from the Nazis, have no regard for civilised norms. Some have called for the execution of politicians they regard as traitors for helping create a multiracial society. Any attempt to reintroduce capital punishment must be bitterly resisted.
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Who are we to take a life – even if that person took another life? Besides that there have been, as the article states, many miscarriages of justice – there’s no bringing a dead person back if you’ve got it wrong. Reform calling for a reintroduction – doesn’t surprise me – the party stinks.
Thank you from the bottom of my heart Martin Shipton for using your skills to express so well how I feel about the scourge of capital punishment. It’s vile & reduced society to the level of the murderers. Either it’s wrong to take a life or it’s not. Self defence is the only exception. The fact that it does not deter demonstrates the only purpose it serves is revenge.
“It’s time for a sober national debate on the death penalty” wrote Reform Senedd member Cristiana Emsley – alas any national debate about capital punishment would be anything but ‘sober’.
It would be full of lies, exaggerated claims and misinformation from its hard right proponents – a hard right who’ve spent the last 10 years honing their black propaganda skills, firstly with brexit and subsequently with regards to immigrants and asylum seekers.
And it would be aided by a huge army of online bots reaching millions in Britain across every social media platform.
Ask her what her limit is for innocent people to be murdered. 1? 2? 15? 120?
Reform dont care sadly we would be seen as collatral damage and would be worth it from her point of view.
There will be waffle along the lines “we will make sure there are no miscarriages of justice” when reform are going to bring in one of the most oppressive regime the UK has ever seen, you will be before a wall with a blindfold and no chance of appeal because that is what they are.
I think you’ll find that the majority would happily reintroduce it for those that kidnap, murder and rape children. Besides, it’s one of the British government’s greatest ever betrayals – ending the death penalty for murder in the 60s but promising that it would be replaced by life imprisonment. That was one of the biggest lies we have ever been told, isn’t it?
The death penalty has no place in a so called civilised society.I and many others would have been executed had the death penalty had been in place in 1988 when I was wrongly convicted of the Murder of Phillip Saunders, you could add to this list The Birmingham Six,Carl bridge water 4 Cardiff Three, Darvel Brothers and many more who were wrongly convicted and would have been also murdered by the State. Article 2 of E.C.H.R. States. eveyone has a right to life and that should mean what it says. We should also remember that Miscarriage of Justice victims have… Read more »
We shouldn’t bring it back – tempting as it is for crimes involving children – but life imprisonment should mean just that.
“I have come to the conclusion that executions solve nothing, and are only an antiquated relic of a primitive desire for revenge which takes the easy way and hands over the responsibility for revenge to other people…The trouble with the death penalty has always been that nobody wanted it for everybody, but everybody differed about who should get off.” – Executioner; Albert Pierrepoint, 1974 “It is said to be a deterrent. I cannot agree….I do not now believe that any one of the hundreds of executions I carried out has in any way acted as a deterrent against future murder.… Read more »
If they absolutely insist perhaps it could be trialled in a very limited number of cases, perhaps starting with aiding and abetting foreign interference in the democratic process.
Reform and restore only mention the names of Muslim perpetrators, on their Facebook pages, that they want executed.
Talking about Restore Amir some of their members took part in a far Right March in Swansea Yesterday,Racial abuse was hurled at any unfortunate Black or South Asian person who were just going about their business yet the Old Bill took no action.