Should we fight death with death?

Daily, we are reminded of the errors of Human Kind such as the murder of Lee Rigby, the Columbine Massacre and the barbarity of the Islamic State of Iraq and the Levant. We are confronted with pictures or videos of human beings committing the most heinous of acts and it’s in this moment when many of us would say through sheer anger and hate that the culprits need to be executed themselves. This is something that I myself have been conflicted by as a Law student and pro-life advocate; and through my research I will discuss not only the legal complications involved but I also record my own personal feelings to the information I find, in hopes that I can answer the question: do we fight death with death?

When breaking news revealed that British Army Soldier, Fusilier Lee Rigby had been horrifically butchered by extreme militants[1], in “one of the most appalling terrorist murders Head of Terrorism Sue Hemming had ever seen" [2]. The perpetrators, Adebowale was sentenced to 45 years in prison through consideration of his mental health and his age, whereas the more active and vocal participant Adebolajo was sentenced to a whole life sentence without possibility of parole[3] in line with the guidance given in the Criminal Justice Act 2003[4]. Many far right political sects were protesting that the sentences for crimes as serious as this should be the Death Penalty[5] - a form of punishment that has been abolished in the UK since the Murder Act 1965[6]. When I started to research the Lee Rigby case, I learnt that Lee was a family man who had served his country. I felt pure rage as a British Citizen that one of our best would be butchered in order to further an extremist cause. After finishing my research I agreed that his killers deserved to die for their crimes not just against Lee, but also against his family and his Country.

In recent years, following the use of capital punishment, the UK government has posthumously quashed the convictions of many executed innocents. One ‘Cause Célèbre` was that of Mahmood Hussein Mattan, who in 1952 was executed for the murder of Miss Lily Volpert. This conviction was based on the evidence of one witness. Mattan’s conviction was ruled unsafe by the Court of Appeal[7]. This demonstrates the risk of executing those based on the unreliable statement of witnesses. On the contrary, the judicial systems of today now prove the guilt of many through the use of forensics and DNA samples, which many case convictions have been based on. In 2005, Cameron Todd Willingham was executed in Texas, US for the murder of his three children. In 2011, the Arson Review Committee issued a review claiming that in the case of Mr Willingham “each and every one of the indicators relied upon have since been scientifically proven to be invalid”.[8] This suggests that even with the advancements in technology, mistakes can be made and can cost lives. Since reading the impact that Willingham’s execution has had on his Wife and family, it makes me seriously consider who is actually being punished? The perpetrator bequeaths their shame and pain upon their family, which I believe is not the way to ascertain justice.

According to a report compiled by HMP Peterborough “It is estimated that the cost of imprisoning a single person in the UK is £40,000 plus an extra £40,000 for each year they spend incarcerated.”[9] In Texas, US, the total cost of the execution of Keith Thurmond by lethal injection in 2012 was $1,286.86 (£811)[10]. This produces a strong case for capital punishment as in today’s ever changing economic climate, the money the UK would save could be in part donated to those whose lives were affected by the crimes of the offender and the rehabilitation of those who are signposted as future risks. When I discussed these statistics with my father, he was infuriated; he questioned why his hard earned money was spent on evil people whilst elderly people who had worked every day of their lives live in extreme poverty. In all honesty, it made me question why we spend this money on people who are a danger to society. It made me question whether, like dangerous dogs, these criminals should be put down.

One of the main reasons for capital punishment is to help the families of the victims to move on. However Mr. Cousin Zilala, strongly presents the argument that the Public’s outcry is based on emotion and not justice. “Public opinion is based on emotion rather than rationale, but criminal justice should serve public safety and rehabilitation of the offender, not feelings of vengeance.”[11] This advises that although emotionally we consider the death penalty, in terms of criminal justice, there is no reason for it and so far, I have been very emotive about this topic.

Offenders with whole life sentences have the possibility to appeal as they have a “right to hope” for release which has proved successful in cases such as Vinter & Others v UK[12]. Michael Adebolajo has already appealed his sentence within the UK system[13] and although the appeal was rejected, the option of canvassing the European Court of Human Rights still remains. This, along with early release can risk recidivism. Many life sentence candidates have been released early and have reoffended once released[14]. After the London terror attack on 7th July 2005, information was brought to light during the public inquiry that members of the terrorist group had been previously investigated for their collusion with extremist networks in the past[15]. By using the death penalty we reduce the risk of reoffending.

By creating ‘martyrs’, we would in fact, provide cause for the extremists to retaliate meaning the consequences of using the death penalty would risk the safety of the very nation that we are trying to protect.

“We face a terrorist enemy who is motivated by martyrdom... We are trying to use the threat of death as a means of intimidating people who signed up for death when they became our adversaries…holds more retributive significance to us than it does to the people on whom we are to use it.”[16]

In complete parallel to the suggestion that the death penalty creates martyrs, it provides closure to those affected by the heinous crimes committed, such as the victims of the Boston marathon terrorist attack. Governor Baker stated, "I think at this point justice has been served.[17]" But, is a death sentence truly justice served? The answer is no, and marathon survivor Karen Brassard perfectly states, "Happy is not the word I would use. There's nothing happy about having to take someone's life.[18]”

I believe that the safety of the majority is crucially important and that by re-introducing capital punishment we would potentially avert re-offending in serious offences. Nevertheless the prospect of further exacerbation of terrorist atrocities and the execution of innocent people make capital punishment a risk that the state cannot allow. Ban Ki-moon, empowers this conclusion in this statement “The taking of life is too absolute, too irreversible, for one human being to inflict it on another, even when backed by legal process.”[19] In answer to calls for harsher punishments, I believe the State needs to reform the life imprisonment time scales and the right to appeal sentence, reform will present a strong legal system that will not lower itself to the level of those who thrive off their evil deeds.

Bibliography

Cases

R v Adebolajo (Michael) - [2014] EWCA Crim 2779, [2014] WLR (D) 519

R v Hanratty - [2002] EWCA Crim 1141, [2002] 3 All ER 534

R v Mattan - Times, March 5, 1998; Independent, March 4, 1998.

Soering v United Kingdom - [1989] ECHR 14038/88

Vinter & Ors v UK - 34 B.H.R.C. 605, [2014] Crim. L.R. 81

UK Legislation

[1] BBC News, 'Lee Rigby Murder: Map and Timeline' (2014) <http://www.bbc.co.uk/news/uk-25298580> accessed 16 December 2014.

[2] Sue Hemming, (head of special crime and counter terrorism at the Crown Prosecution Service), Crown Prosecution Website, 'Michael Adebolajo and Michael Adebowale Sentenced for the Murder of Lee Rigby'<http://www.cps.gov.uk/news/latest_news/adebolajo_and_adebowale_sentenced/> accessed 5/12/2014.

[3] BBC News, 'Rigby Murderer Given Whole-Life Term' (2014) <http://www.bbc.co.uk/news/uk-26357007> accessed 16 December 2014.

[4] Criminal Justice Act Schedule 21

[5] Ibid No. 4

[6] Murder (Abolition of Death Penalty) Act 1965 S1

[7] R v Mattan Times, March 5, 1998; Independent, March 4, 1998.

[8] Douglas Carpenter and others, 'Report On The Peer Review Of The Expert Testimony In The Cases Of State Of Texas V. Cameron Todd Willingham And State Of Texas V. Ernest Ray Willis' (The Innocence Project 2011). <http://www.innocenceproject.org/docs/ArsonReviewReport.pdf> accessed 12 November 2014

[9] Ministry of Justice, 'Offenders Released From HMP Peterborough' (Cabinet Office SIB 2013).

[10]BBC News, Nasaw, D. 'Texas Execution: How Much Is A Death Worth?' (BBC News, 2012) <http://www.bbc.co.uk/news/magazine-17210285> accessed 1 December 2014.

[11] Mr Cousin Zilala, Amnesty International Office for the High Commissioner of Human Rights, Moving Away from the Death Penalty, Lessons from National Experiences, United Nations Panel Event New York October 2012, Page 16

[12] Vinter & Ors v UK 34 B.H.R.C. 605 ; [2014] Crim. L.R. 81

[13] R. v Adebolajo (Michael), [2014] EWCA Crim 2779, [2014] WLR (D) 519

[14] BBC News, 'Killers Freed Go On To Kill Again' (2012) <http://www.bbc.co.uk/news/uk-16638227> accessed 29 November 2014.

[15] Intelligence and Security Committee, 'Could 7/7 Have Been Prevented?' (Intelligence and Security Committee on behalf of the UK Government 2009).

[16] Greene, Norman L., et al. "Capital Punishment in the Age of Terrorism." [2001] 41 Cath. Law.195

[17] Stout, Matt. 'Baker: 'Justice Has Been Served' In Tsarnaev Case'. Bostonherald.com. N.p., 2015. Web. 30 June 2015.

[18] The Telegraph, 'Boston Bombing: Survivors Say Justice Has Been Served In Tsarnaev Death Verdict'. 2015. Web. 30 June 2015.

[19] Ki-Moon, B – Secretary General - Office for the High Commissioner of Human Rights, Moving Away from the Death Penalty, Lessons from National Experiences, United Nations Panel Event New York October 2012, Page vi

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