MODERN CS- Derek Bentley

MODERN CS- Derek Bentley

when did political opposition to the death penalty begin and were they successful

19th century, and not successful

when did House of Commons pass bills abolishing the death penalty, and what stopped them from being put into effect

• 1948 and 1956

• blocked by the House of Lords

how many people a year were executed in early 50s

15

name of act and when introduced which restricted the death penalty

1957 Homicide Act

what did the Homicide Act restrict the death penalty to

• only the most serious cases of murder

• capital murders e.g. committing two murders

factors for change of role of death penalty in 50s

• role of gov- used power to restrict death penalty

• social attitudes- believed that murder as punishment wrong

average number of executions a year after 1957

4

name of next act which suspended the death penalty, when introduced and how long the suspension

• 1965 Murder Act

• suspended the death penalty for murder for five years

when was the Murder Act amended to be permanent

1969

what few crimes continued to carry the death penalty after the Murder Act

• espionage

• arson in royal dockyards

• piracy with violence

when was the death penalty ended for all crimes

1998

factors for abolition of death penalty and why

• attitudes becoming more liberal in society

• after WW2 there was a growing feeling that execution was barbaric

• 1948- UN issued Declaration of Human Rights which said that everyone had the right to life and no one should be subjected to torture or cruel, inhuman or degrading treatment or punishment

• controversial executions meant public become more critical of executions

events that led to Bentley being executed and why only he was executed

• Bentley was with his friend Christopher Craig when Craig fired a gun, killing a police officer

• Craig only 16 while Bentley 18 meaning Bentley was over the legal age for sentencing

• as Craig not old enough, Bentley was executed due to his involvement in the crime despite not being the murderer

problems with Bentley being executed; what is he like and why is the evidence they use not good

• has the mental age of 10

• Bentley shouted “let him have it” which people use as evidence to say he was complicit, but this could also mean let him have the gun

• Bentley handed himself over to the police and did not have a weapon himself yet still executed

what was the public reaction on the night of Bentley’s execution

• 5000 protesters met outside Wandsworth prison chanting murder

• angry confrontations with police and protesters ripped down and burned the death notice on the prison gates

what did MPs sign to help stop Bentley being executed, who they sent it to and how many signed

• 200 signed

• memorandum asking for Home Secretary Sir David Maxwell Fyfe

• however Fyfe refused

when was Bentley hanged

28 January 1953

what did Bentley’s family do after his murder to promote their case

• used the media through songs, films and books

• campaigned for over 40 years

consequences of execution of Bentley

• 1957 Homicide Act which made significant changes to the law regarding murder and execution; allowed defendants suffering from diminished responsibility or had been abused by the person they murdered

when was Bentley pardoned

1993

factors for abolition of death penalty

• Human Rights declaration

• attitudes of society

• protests

• role of gov

• role of cases like Bentley’s

why did children begin to be punished more leniently

attitudes of society- recognised that children didn’t have the same understanding of their actions as adults so should not be punished as severley

name of three acts to do with children and crime and when

• 1908 Children’s Act

• 1933 Young Persons Act

• 1922 Infanticide Act

what did the 1908 Childrens Act do

said under 16s could no longer be sentenced to death

what did the 1933 Young Persons Act do

raised age limit to 18 and set age of criminal responsibility to 8 years old

then raised however to 10 in 1963

what did the 1922 Infanticide Act do

• said women would not be punished with death penalty if they killed a child shortly after its birth

why did the Infanticide Act do this

more lenient treatment of women due to increasing understanding that a woman’s mental state could be affected by pregnancy and childbirth