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  • 187. Those Against the Death Sentence - Their Objection and My Reply

Those Against the Death Sentence - Their Objection and My Reply

  • Category(s): Death Penalty Essays
  • Created on : 26 April 2015
  • File size: 124 KB
  • Version: 1.0
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  • Author: Richard Michael Lamb

Preface

The Death sentence case is the only sincere and honest argument in the gales of hesitation and doubt surrounding the criminal trial process for murder in England, Wales and the United States.

1.

Murder produces various classes of offenders within the overall grouping of murderers and associated culprits: -

a)
Convicted murderers some serving some released and some deceased.
b)
Those who have committed murder but they have been released or acquitted or not accused in Court.
c)
Those who will commit murder in times to come.

2. The Criticism

Thus the doubters and opponents of Capital Punishment say the Criminal Justice process cannot be relied on to deliver safe guilty verdicts of Capital Offences: namely murder, attempted murder, conspiracy to murder, soliciting murder, counselling and procuring murder, inciting murder and aiding and abetting murder. I argue all those crimes should carry the jeopardy of the gallows for such convicted offenders by the discretion of the Trial Judge who will also decide on guilt or acquittal without a Jury.

The familiar lament is the Defendant so convicted may be innocent and thus the trial Judge may condemn an innocent man to hanging and execution.

3. What do I say in reply?

If we will not trust these trial Judges in Capital cases we open the door to anarchical disorder and mayhem under our very eyes as I have written.

4.

These classes I have enumerated have a vested interest in ensuring there is no Restoration of hanging and they will use every argument in “the book” to put their case and their sympathisers, supporters and affiliates likewise. Their main plank is the potential execution of an innocent accused. Where is the confidence in the police, the forensic service, the Director, Crown Counsel, the lay witnesses to facts, and the puisne High Court Judge trying the case? If we will not repose confidence in that process we may as well disband our murder trials edifice. No one would countenance such a choice so let those who sound this alarm stop crying wolf and have confidence in the Judge of Capital criminal cases to arrive at the correct verdict and proper sentence of death if he so decides.

Make no mistake there are Judges of sufficient seniority and aptitude and prowess to conduct these Capital trials without Juries in the present complement of the Judiciary, but only if Parliament makes the way straight. May we the public make known our distaste for those who call these false alarms based on this timidity and childishness.

5.

The time has come for proper leadership by our lawmakers to modernise our criminal justice dramatically and put the stamp of true authority on to the most important trials: namely murder and these associated crimes. We have cow towed long enough and may we now simply stop placating this weak willed lobby who deserve our attention no longer. Yes the wolf is out there but the fanciful miscarriage is no wolf – rather it is justice done according to law which is feared. We need not fear doing our duty in supporting our English and Welsh High Court Judges. The analogy stops with the first part of the fable. There is no comparison with the real wolf mauling the flock. We can be sure the boy who cried wolf ran away and left the sheep defenceless. His cries were properly ignored as we should not bow to these alarmists.

Yes, the wolf is a killer of sheep and men. By contrast the Judge defends human life and protects the innocent accused. The analogy is no longer proper. Yet those in the village must show the steely nerve of the Capital Trial Judge namely to stick to the shunning of this boy who has wasted time and energy with his pranks. If he had behaved properly the villagers would have saved the flock by chasing the wolf away on the real menace taking place once. Our trial and appellate Judges will not pander to trifling insolence – rather they will rule their Courts with probity and true assurance. Let us put this wrongful scare tactic finally to bed and support our judiciary of such high esteem in the eyes of our Countrymen and the legal profession – indeed worldwide.

6. Epilogue

Yes I have taken “the bull by the horns”, or as some would say “putting the cart before the horse.” We must, of course, secede from the EU, then dismantle the ECHR edifice for the Death Sentence to return to make our Capital cases in Court. The thrust of this polemic to return the Death Sentence to our Statute Book is extremely strong as it has widespread support amongst our people, and I am only speaking for myself and for those known to me as the tip of the iceberg. If we measure this iceberg and measure it we should under the waterline, we will find out how monumental it is and that it should be charted to help others. Such is this great geography of the Death Penalty the other two limbs are to be considered subordinate, yet instrumental and essential to pave the way to the ultimate prize of restoring Capital Punishment for murder and its associated crimes to our Criminal Justice. Without this Death Penalty the two other policies would not be sustainable as an objective in my view. With the Death Penalty they become essential. The task of leaving the Union and repealing the ECHR becomes a small sacrifice well worth paying for fundamentally reinvigorating our murder trials and our Judicial bench who will try these future Capital cases.

I stake my case on the Death Penalty – it cannot be done without leaving the European Union and this Repeal. These two steps in my view are secondary and they should not preclude this Death Sentence Restoration. If you really believe in the Union and her ECHR ponder no more – the Death Penalty will never be reinstated if the majority agree with you. Make no mistake my policies are well thought out and driven by intense cogency: This I submit out of humility and confidence: controlled.

Yes we may do without this tiresome European Union and its equally inadequate and unhelpful Convention to make English and Welsh Justice fair and virtuous once more. Above all this labour is worth it to guard and protect innocent human life – an aim quite beyond price. That can only be done by restoring the Death Penalty for murder as I urge upon my readers.