THE DEATH PENALTY.

Northern Advocate, 1 August 1924, Page 4

THE DEATH PENALTY.

In New Zealand, in Australia, and in Great Britain mu-der is a capital offence, and every time a murderer is sentenced to death in any of these countries a petition for his reprieve is almost sure to be presented. There are always peculiar people who find some ground on which to sympathise with a man who is sentenced to pay the full penalty for .having taken the life of another, and there are also, of course, considerable numbers of people who sign petitions, not because they are interested in a particular case, but because they believe that the death penalty should be abolished. In Great [Britain, for instance, a strong organisation, the Howard League for Penal j Reform, carries on a very active pro- , paganda against capital punishment, and it was stated not long ago that a j private Bill dealing with the question was being introduced in the House of Commons. It is claimed by the opponents of the present system that the deliberate taking of human life is not a task to be laid upon any citizen, and that the morbid interest attaching to the capital sentence tends to accentuate public interest in murder trials and to arouse sympathy with the murderer. Another suggestion is that juries arc reluctant to convict on murder charges when they know that sentence of death must be the outcome. These points may appeal to some people, but even if the claims are justified they scarcely appear to be strong "enough reasons for the abolition of a penalty that is a deterrent, and one that seems to be very badly needed just now in many countries. In a book entitled "Judgment of Death" it has been urged by Mr. E. Bowen-Eowlands that murder should be divided into four classes, the first of which, "deliberate and unprovoked unlawful homicide," should alone entail the death penalty. The three other classes are (1) homicidej deliberate but provoked; (2) the homicide arising from unfulfilled compacts for mutual suicide; and (3) the infanticide of a mother who is, in the jury's opinion, though sane, "by poverty, friendlessness, or betrayal deprived of ability to control her conduct." These classes, it is pointed

out by the English writer, are at present all gathered under the heading of wilful murder along with the first, and dreadful suffering is caused by the passing of the death sentence with its awful ritual, although it is probable in many cases the sentence will never he carried out. It is obvious, of course, that the classification of offences would not always be an easy matter, but there is a good deal to be said in favour of Mr. Bowen-Rowlands' suggestion. He admits that he cannot come to a definite conclusion in regard to abolition, and that perhaps strengthens his case. As it stands in most British countries the law is rigid, and a more flexible system perhaps would be justified. The complete abolition of the death penalty does not, however, appear to be at all likely, nor is it desirable at a time when lack of restraint and disregard of the sanctity of life are altogether too prevalent. While the death penalty is necessary, the case for modification of the law is worthy of investigation. It may be that the Vaquier case, which evidently is arousing great interest in London, is one that would have been affected if the law were not as rigid as it is, though with the information made available in the cablegrams it is impossible to offer a definite opinion on that point. The agitation that is going on may, however, serve to stimulate th? activity of the penal reformers and at least promote useful discussion on a difficult subject.