Capital Punishment

A Turning Point in the Canadian Justice System and the Canadian Way of Life 
 
Table of Contents
 
Introduction
Timeline of the Abolishment in Canada
Canada-1892 to Present
Historical Methods of Capital Punishment
Analysis of Capital Punishment
Abolitionists Vs. Retentionists
House of Commons Debate on Capital Punishment
Bibliography



Introduction
 
    The act of capital punishment has been a subject of debate in North America for a number of years. Capital Punishment was totally abolished from the Canadian Criminal Code on May 11, 1976, after a hefty debate.  As a result, It was stated from that day forward the maximum sentence is life imprisonment without parole. Punishment is a form of retaliation to those who have broken the laws.  The “death penalty” is a form of punishment to those that have taken, or helped take the life of another.  The three main purposes of punishment are (1) rehabilitation, incapacitation and the application of justice. The first factor, rehabilitation refers to the bringing about of changes in the convict in order to produce law-abiding behavior upon release. The second, incapacitation details the act of confining an individual so that he/she may not commit any further crimes against society. Lastly, the factor of justice plays a very pivotal role in punishing an offender. Establishing the validity of whether or not an individual committed a crime is crucial in today's world. Many individuals have been wrongly convicted and have suffered long and unnecessary jail terms due to the fact justice was not correctly applied. Therefore it is very important for court systems to follow the guidelines put into place to keep this from happening on a frequent basis.  (1) The main purpose of abolishment of capital punishment is because the Canadian Government did not believe that “justice” was being served.  People were being executed for crimes that they did not commit and other guilty parties were getting no punishment for their crimes.  Canada is a so-called “free nation;” If we kept capital punishment and continued the slaughter of our own people, then Canada would be contradicting itself.  Therefore, Capital Punishment is in essence a contradiction of values for which Canada has come to stand for.
      The abolishment was a huge turning point in Canadian history, and probable the biggest.  It made Canada a more humane, merciful country, yet at the same time stern and to the point. Not everyone would fall into this new Canadian mercy stance.  Several speakers at the abolishment debate of ‘76 would defend the death penalty as “ the only just and fitting one for murder,” and that “human life is sacred and it’s sacredness must be enforced by the depriving of life anyone who deprives another person of life (2).”
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Was the abolishment of Capital Punishment a just or unjust proposition considering the facts?

 
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Historical Methods of Capital Punishment

   Throughout history the death Penalty has been used for many different crimes such as everything from blasphemy to murder. Two important historical figures who had been executed are Jesus and Socrates.  Crucifixion, one of the oldest forms of punishment, was used mainly used in the ancient world where the convict has their heels and wrists nailed to a cross and are left there to die.  An example of this is Jesus who nailed to a cross.  As time would go on, the punishments did not get any less cruel.  In Rome, if you were charged with killing a parent or close family member they have you enclosed in a leather bag with an cat or dog and thrown out to sea.  The purpose of the animal was in the case that the convict had tried to escape, he would be torn apart by the animals claws (3).  We live in a world that has such cruel things as people being burned alive, buried alive, boiled alive, beheaded, pushed off cliffs, beaten to death in pillories, disembowelment, killed in gas chambers, hung by there neck, and shot down in a firing squads.
Code of King Hammaurabi of Babylon, which codified the death penalty for 25 different crimes (4).  He wrote these laws on a big stone in which were to be honored throughout all the land. The most interesting principal of the code is the "lex talionis," which is an eye for an eye or tooth for a tooth principle (4).  This states that whatever crime the person committed, he would have the same done to him, for example if a person were to steal something, then he would have his hand cut off, or is he knocked somebody’s eye out, then he would have his eye knocked out.  For various crimes a variety of executions were used such as gibbeting (hanging), burning, impalement or drowning, murder is not mentioned nor its punishments (4).
     As time went on, capital punishment became even harsher than that of the code of Hammurabi. After Hammurabi, there was 17th century BC’s Draconian Code of Athens, which made death the only punishment for all crimes (4).  This was a very harsh era.  Today people dont get the death penalty for being a serial killer in Canada and these people were being put to death for crimes such as theft.  Then there was Fifth Century BC’s Roman Law of the Twelve Tablets. Death sentences were carried out by such means as crucifixion, drowning, beating to death, burning alive, and impalement (5). This goes on and on until it hit's such ages as the Henry VIII, in which he slaughtered almost 72,000 people with such methods as boiling, burning at the stake, hanging, beheading, and drawing and quartering. Executions were carried out for such capital offenses as marrying a Jew, not confessing to a crime, and treason (5).  This was probably one of the most plentiful eras of the death penalty and after Henry VIII capital punishments started to slowly decline.  By the 1700s only about 200 people were executed, and by 1800s only a select few of maybe 200 were executed (5).


 
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Timeline For Abolishment in Canada


- In 1865, Capital punishment was handed out to all those whocommitted crimes of murder, rape, and treason (2). 

  - In 1961, it was limited to only capital offences, which were only those murders that were premeditated or the murder of a police officer. This penalty was hanging (2). 

- In 1962, the last executions took place in Canada. Arthur Lucas,convicted of the murder of an informer and witness in racket discipline, and Robert Turpir the unpremeditated murder of a policeman to avoid arrest, were hanged in Toronto, Ontario (2). 

- In 1966, Capital punishment in Canada was limited to the killing of on-duty police prison guards(2). In canada hanging was the only form of execution.

- In 1976, it was removed from the Canadian Criminal Code.  It was a mandatory life sentence without possibility of parole for twenty-five years for all murders.  The bill was passes by a free vote in the House of Commons.  Capital punishment still remained in the Canadian National Defense Act for the most serious military offences, including treason and mutiny (2). 
Article

- In 1987, a motion to reintroduce capital punishment was debated in the Canadian House of Commons and defeated on a free vote (2).

    - In 1998, The Canadian National Defense Act was changed to remove the death penalty and replace it with life imprisonment with no eligibility for parole before twenty-five years.  This brought Canadian military law in line with civil law in Canada (2). 

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Analysis of Capital Punishment- Abolitionists Vs. Retentionists

    Capital Punishment, obviously, is one of the most controversial topics in North America today. There are good arguments coming from both sides of the spectrum. On one hand we have the retentionists, or the people for capital punishment, and on the other we have the abolitionists, or the people against capital punishment. The Retentionists believe that the death penalty is one of the best forms of deterrence because of the mere fact that the accused would die if they take the life of another. While the abolitionists believe that life imprisonment is much worse than the death penalty, therefore there is no point for it. As stated in a 1976(keep in mind that this is the year it was abolished and probably was one of the main reasons) article written by Angelo Branca;
   
    “Those familiar with our antiquated penitentiary systems know that offenders are imprisoned in         crowded, antiquated bastions built of cement, with high iron bars and erected in times when modern concept of penology and the quality of rehabilitation were little known to the authorities and where unacceptably cruel treatment, and unbendable rules prevailed. The prisoner then, and even today, loses the most precious right that a man may have and that is the right to think, move and act. He becomes simply a number. He loses all the amenities of a free man. He is almost a loss soul. Punishment? Is that not a severe punishment? A sentence of life imprisonment as it is now, is really a supreme punishment (6).”

    This is a very good argument set forth, although many people believe that death is the best way to punish a murderer. Retentionists believe that people are less likely to commit murder if they know that they will share the fate. Abolitionists argue with this argument also, stating the fact that god gave us life, therefore he is the only one who has the right to take it. Retentionists agree with this but counter by saying that they don’t want the death penalty for all murders, just the ones where the murderer is dangerous to be alive both in prison and society.


    Although people, even abolitionists, may agree with this, the main reason why abolitionists are abolitionists is because of the executions of the innocent. Some people who were put to death were later found to be innocent. For example, in the book “Reflections on Hanging,” the author talked about the case of Timothy Evans in which he was executed for murdering his child, but the real murderer confessed after the execution (7).



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Canada–1892-present


   
    From 1862 to 1961, the penalty for all murders in Canada was death by hanging (8). Although nobody knows exactly how many executions took place, there were 710 executions in Canada between 1867 and 1961(8). As stated in the timeline, in the 1860s people were being hanged for such crimes as rape, murder and treason. Ever since the death penalty started in Canada, there were abolitionists. There have been people trying to pass bills, as well as just plain protesting on street corners against the death penalty. The first private bill calling for the abolition of the death penalty was introduced in 1914(8). This bill was not even taken into consideration by most members of parliament. This is probably because of the stubbornness of the people back then. They believed in traditional ideals not modern day advances. It was not until 1954 that something was actually changed concerning capital punishment and that was that rape was no longer to be punished by death. This was a big step in the view of an abolitionist because after so many years of trying, they finally got through to some people. This increase in people wanting to abolish the death penalty would continue to steadily rise and the members of parliament would soon catch on to the trend. In 1956, a parliamentary committee recommended exempting juvenile offenders from the death penalty, providing expert counsel at all stages of the proceedings and the institution of mandatory appeals in capital cases (8). 
   
    Following this, the abolitionists were closer and closer to their goal.  The members of parliament were starting to debate more and more on the issue and before they knew it, changes were being made.  In 1966, the government passed Bill C-168, in which capital punishment was limited to the murder of on duty police officers and prison guards (8).  At this time retentionists were becoming furious and abolitionists breathed that huge sigh of relieve that they have been holding in for so long.  The last execution in Canada took place in Toronto, Ontario in which two men, Arthur Lucas and Robert Turpir, were hanged. Lucas had killed two people and Turpir had killed a police officer (2).

   
    Finally on July 14th, 1976, the House of Commons passed Bill C-84 on a free vote, abolishing the death penalty (8).  It was said that the death penalty would be replaced by a sentence of life imprisonment without parole for all first-degree murders or premeditated murders.


House of Commons Debate on Capital Punishment
May 14th, 1976

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Endnotes

 (1)The Death Penalty; A Debate.  Earnest Van den Haag. New York and London. Plenum Press, July 1986.

(2) The Penalty of Death. Thorsten Sellin. London. Sage Publications, 1980

(3) Canadian Journal of Criminology. Ezzat A. Fattah. Toronto. Canadian Association for the Prevention of Crime. January, 1981.

(4) http://canadaonline.about.com/cs/crime/a/cappuntimeline.htm

(5)http://teacher.deathpenaltyinfo.msu.edu/c/about/history/history-1.htm

(6) “Capital Punishment,” Angelo E. Branca. (1976), 24 Chitty’s Law Journal 37.

(7) Reflections on Hanging.  Arthur Koestler. Gollancz, 1956, London.

(8) www.amnesty.com

Bibliography

(1) Branca, Angelo E. “Capital Punishment,” (1976), 24 Chitty’s Law Journal 37.

(2) Fattah, Ezzat A.  Canadian Journal of Criminology. Toronto. Canadian Association for the Prevention of Crime. January, 1981

(3) Koestler, Arthur.  Reflections on Hanging. Gollancz, 1956, London.


(4) Sellin, Thorsten.  The Penalty of Death. London. Sage Publications, 1980

(5) Van den Haag, Earnest. The Death Penalty; A Debate.. New York and London. Plenum Press, July 1986.

(6) http://canadaonline.about.com/cs/crime/a/cappuntimeline.htm

(7) http://teacher.deathpenaltyinfo.msu.edu/c/about/history/history-1.htm

(8) www.amnesty.com