PENALTY FOR MURDER

Ashburton Guardian, Volume 70, Issue 28, 12 November 1949, Page 4

PENALTY FOR MURDER

DISCUSSION BY P.G.A.

HANGING OPPOSED “We should look deeper than the surface of this question and ask ourselves why murders should occur; we should build up a society in which evils such as homicide should not have cause for existence,’* said the Rev. J. S. Somerville, when the Presbyterian General Assembly discussed the question of 'capital punishment last night at Timaru.

The Assembly supported a report favouring the continued abolition of capital punishment. “The committee has examined facts and figures and is satisfied that figures are not able to prove very much, but they do show that there is no close connection between capital punishment and homicide,” he said. “Supporters of the continued abolition of capital punishment feel that the fig ures lean a little their way, if any. .

“We suggest extreme caution with regard to figures. For example, the rate of homu/ide per million of the population on a 10-year basis from 1895 to 1945 varies from 7.8, then 10, then 9.2, then 10.1, one before the abolition of capital punishment (192435) and one after (1936-47), the rate per million has been 10 and 8.4 respectively. Such figures are but a sample of many that could also be produced, and which counsel extreme caution in deducing much from them, as well as extreme caution in listening to popular clamour.

Has Minimum Value

“It could be shown that the deterrent value of punishment, particularly with regard to homicide, had a minimum of value. Other motives, often beyond the immediate control of the persons concerned, were more important in homicide. Many civilised countries had withdrawn the death penalty, and certainly in their instances the crime had not increased.

“The community often forgets that its primary object in having the power of punishment is in protection of society,” he said. “It is on this essential that most penalties are based, and it is possible on these grounds that the death penalty may be required. The community cannot overlook that fact. We would urge, on this basis, that under the existing law in New Zealand no release from confinement be made too soon, and that the time of sentences for capital charges be strictly carried out.

“From a theological or religious standpoint it should be remembered that there is a retributive or expiatory element in punishment, the ultimate nature of which was the Lex Talionis,” added Mr Somerville. “That the harsher elements of this have been repudiated does not obviate the need for the expiation of crime. It has to be paid for, and society itself has to pay its share of the price, part of which is the duty of society to face up' to and deal with the causes, immediate and otherwise, of'crime such as homicide, part of which is the reformative element in. punishment. Capital punishment does not deal with causes Or pay society’s share of the price, and may easily breed * selfrighteousness in a society, j “In the Christian ethic, the Lex Talionis must ■ ultimately be superseded, and in true Christian fellowship it is already so,” he concluded. “Any liberalising or enlightened policy given effect to in society must not therefore be too summarily dismissed or repudiated, but the chief duty of Christians is to see that the society in which they live is such that enlightened policies are still tenable.”

Three Elements

The Rev. L. G. Geering said there were three elements in the proper form of punishment. The first was the deterrent element, and 1 statistics showed that there did not seem to he any at present. There was then the reformative element, and there was certainly none of that in capital punishment. Lastly, there was the expiatory, element, which people would insist substantiated capital punishment.. He thought that such viciousness should be avoided. “We who now live in a Christian era should be Working out the Gospel of. grace in men’s souls,” he added. “Those believing in capital punishment have forgotten that they should still hold out the right to eternal life. It is wrong that we should become the judges.”

NATIONAL VIEW DEGREES IN PENALTY (P.A.) WELLINGTON, This Day. “Last night the question, of capital punishment was raised, and you heard a clear and unequivocal statement of where the Government stood.”

Mr K. J. Holyoake, speaking at Hataitai last night, raised laughter with this reference to a reply given by the Minister of Finance .the Rt. Hon. W. Nash, to a question at a meeting in the same hall the previous night. Mr Holyoake said the National Party would, after consulting legal authorities, introduce a Bill to provide capital punishment for only the most extreme cases of murder. “We believe it must be there for only the most extreme cases,” he said. “It will not be a party measure. I will tell you frankly where I will vote. I will vote in favour of it,”

Mr Holyoake said that more important than capital punishment was the length of time a convicted person served in gaol. His party would correct the anomalies which had occurred.