Should New Zealand reintroduce the capital punishment?

New Zealand abolished Capital Punishment except for treason in 1961.

Before that date the last man executed was Walter Bolton in 1957 in Eden
prison. During 115 years 82 men and 1 woman were hanged. A television
program in 2005 asked viewers it they would favour a reintroduction of
Capital Punishment. A shocking 73 % supported Capital Punishment
(Capital Punishment in New Zealand). Although this questionnaire was not
careful designed and processed the results can not be neglected. This essay
investigates if there is currently a rationale for reintroducing the death
penalty in New Zealand as a choice of punishment. Next to positioning the
question in a historical context, it discusses arguments used in favour or
against reintroducing capital punishment. Based on these arguments this
essay will answer to the question if the death penalty is currently right for
New Zealand.

Putting people to death as a punishment for committed crimes has been a

procedure of all ages. Methods of how this is done have evolved over the
years. In ancient times stoning and crucifixion were the preferred method
(Johnson, 1990;p 5). Countries which are under the Sharia (Islamic law)
still use stoning as a brutal method of execution. Crucifixion was abolished
in 400 AD by Constantine I (Retief and Cilliers, 2003). Today the death
penalty is mainly carried out by beheading, electrocution, hanging, lethal
injection and shooting (Amnesty International facts and figures on the
death penalty, p1).

The fact that capital punishment to day has left the public arena is another
typical difference with the past. In the early days it was much more of a
community involvement (Johnson, 1990, p 7). Today the death penalty is
carried out behind closed doors and only a few officials and relatives can
be present (Bedau, 1987, p 29). Johnson (1990,p 5 ) speaks of “executions
becoming formal undertakings that are detached from community life”.

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The deterrent effect of capital punishment is an important argument used
by those in favour of the death penalty. Sharp, (1997, p4) mentions that 6
percent of those that committed a murder in the past did so again within 6
years after they were released from prison. Apparently spending time in jail
was not deterrent enough preventing them murdering again. Furthermore
running the risk receiving the death penalty provides enough motivation for
83 % of the criminals not to murder (Sharp, 1997, p6). A more
philosophical approach is taken by Gelernter (Gelernter in Goldman ,2002,
p 27) who argues that murder within a community demands the strongest
possible public reaction in order to show its abhor of the crime.

Those against the death penalty argue studies show the deterrent effect is
inconclusive and not scientific proven. Some studies show even the
opposite is happening demonstrating capital punishment stimulates murder
(Lester, 2000). In addition Bedau (1987, p 33) beliefs communities tend to
overvalue the deterrent effect as there always will be the risk of being
murdered. Even executing every criminal will not prevent murder and
therefore executing murderers does not solve the problem of murder. He
argues society has to be prepared to take this as an imposed risk in a similar
way as smoking has for them.

Those opposing the death penalty also show it has the risk of executing
innocent people. Since the death penalty was reintroduced in the US in
1976, 94 prisoners were released from death row due to being wrongly
convicted (Goldman 2002, p2). It is unknown how many inmates over the
years have been executed who in fact were innocent to the crime they were
convicted for. This demonstrates blunders are made in the courtroom.
Therefore as humans we should we careful in applying the death penalty as
it provides no room for changing our mind after the execution which
benefits the accused.

Advocates of the death penalty question the credibility of the above

mentioned numbers. They argue most of them were released without an
official verdict of being innocent (Sharp, 1997, p2). Further more they

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make the suggestion it justifiable run this small risk of executing an
innocent man in view of the many innocently murdered victims (Sharp,
1997, p3).

The application of the death penalty for juveniles is another critical

difference in opinion between advocates and opponents of capital
punishment. The USA is the only western country in which juvenile
offenders can receive the death penalty (Goldman, 2002, p 13). Recent
killings at schools and universities have contributed to the fact 18 states in
de USA are lowering the minimal age for the death penalty to being 16
years of age at the time the crime was committed. In Texas even a 25% of
its inhabitants are in favour of lowering the age towards 11 years.

Opponents of the death penalty for juveniles claim it has no effect on

stopping children committing murder. Streib, a legal expert claims people
who are in favour of this do not realize how children think and act. (Streib
in Goldman, 2002, p 14). As children go through a developmental process
they are more unaware of the results of their actions compared to adults.
Therefore strategies outside the application of the death penalty should be
applied to prevent juveniles committing these crimes for the first time or
again.

Opponents of the death penalty in the USA also demonstrate capital

punishment has a racial component to it. Statistics illustrate if convicts
have murdered a white person they have more chance in having to sit on
death row compared to when the victim was coloured (Goldman, 2002, p
3). It also is suggested that when you are from a coloured race it increases
the risk in receiving the death penalty having committed a murder not
taking in account the victims race.

Those in favour of capital punishment agree with the fact that people
killing blacks are less likely to receive the death penalty compared to those
killing white victims. Alternatively they argue the death penalty is biased
withdrawn and therefore the solution is not abolishing the death penalty but

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much more to increase the number of death sentences when blacks are
murdered (Goldman, 2002, p3). Furthermore Sharp (1997, p10) illustrates
blacks have a 30:1 murder ratio in murdering whites compared to whites
murdering blacks. With 12% of the total US population being black and
42% of the inmates on death row are black it is evident black people are
overrepresented. However, linking this to the higher crime rate by blacks in
the USA makes this overrepresentation not inconsistent with statistics
(Sharp, 1997, p 11).

Racial issues are also topic for concern in New Zealand. This often affects
the Maori and Pacific population. Figure 1 shows the racial background of
offenders and the percentage of particular age groups spending time in
prison in New Zealand. It illustrates convicts with a Maori and a Pacific
background make up the main population of New Zealand prisons.
Corrected for population at the age of 23, 3.2 % of all Maori man are in
prison compared with 0.4% New Zealand European males (Department of
Corrections in New Zealand, 2007).

Figure 1. The rate of imprisonment by the same gender-age-ethnicity sub-

groupings in New Zealand. (Department of Corrections in New Zealand,
offender volumes report 2007)

Based on the arguments stated in this essay New Zealand should not re-
introduce the death penalty. The main reasons are the inconclusive
evidence of its deterrent effect. Further studies should clarify which
sentences in contrast of capital punishment have a deterrent effect in
committing crimes and particularly murder. In addition the risk of killing

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innocent people is evidently present. Accepting the execution of innocent
but accused convicts in order to keep the death penalty is pure arrogance
and completely out of line with justice. Man should recognise the fact
mistakes are human and therefore should avoid absolute measures as
capital punishment. Thirdly society should prevent juveniles from being on
death row. Corrections should to this group focus on showing remorse,
repenting and grace in order to bring them back in society. Lastly racial
disparity is a sensitive issue world wide and also in New Zealand. It easily
can divide society and cause a significant instability in the communities. As
prisons currently percentage wise occupy more Maori and Pacific people
compared to other ethnicities it is likely when capital punishment would be
reintroduced in New Zealand this would mostly affect those two population
groups. This could cause unnecessary instable communities and could
provoke crime and particularly murder. Therefore New Zealand could do it
self a favour by not reintroducing the death penalty but more to put
emphasis on prevention of crime and murder.

Literature

Amnesty International Fact and Figures on the Death Penalty (n.d.)

retrieved 25 October 2007 from
http://web.amnesty.org/pages/deathpenalty-efacts-eng.

Bedau, H.A. (1987). ‘A matter of life and death.’ In H.A. Bedeau Death is
different. Studies in morality, law and politics of capital punishment (pp. 9-
45) Boston: North eastern University Press

Capital punishment in New Zealand. Retrieved 12 May 2008 from

http://www.nzhistory.net.nz/culture/the-death-penalty, (Ministry for
Culture and Heritage), updated 10-May-2007

Department of corrections. (2007) Offender volumes report. Retrieved 29

May 2008. http://www.corrections.govt.nz/public/research/offender-

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volumes-report-2007/2-prison-sentenced-snapshot-perspective/2.12-
Imprisonment-rates-at-2007-06-30-by-gende-ethnicity-age.html

Goldman, R. (2002). ‘Issues, viewpoints, and Trends.’ In A.L. Lin &

R.Goldman (Eds). Capital Punishment (pp.1-29). Washington, D.C.:CQ
Press.

Johnson, R. (1990). ‘Executions Past. From Antiquity to the Twentieth

Century.’In R. Johnson Death Work. A study of the modern excecution
process (pp.3-17). Pacific Grove, CA: Brooks/Cole publishing Company.

Lester, D. (2000) Executions as a deterrent to homicide (abstract).

Perceptual and Motor Skills, 91(2), 696

Retief, FP., Cilliers, L. (2003) The history and pathology of crucifixion

(abstract). South African Medical Journal, 93 (12), 938-941.

Sharp, D. (1997) Death Penalty and sentencing information. Retrieved 10

May 2008 from http://www.prodeathpenalty.com/DP.html.