The Death Penalty in the 20th Century

This section explores the key cases that led to the abolition of the death penalty in the UK. The death penalty remained in use in Britain well into the 20th century, continuing as the most severe form of punishment since around c1000. However, growing public pressure to abolish it began to increase from the 19th century, particularly following high-profile cases that raised questions about its fairness and effectiveness. The Derek Bentley case in 1953 became a significant turning point in the campaign to end the death penalty.

The Derek Bentley Case

In 1952, Derek Bentley, a 19-year-old with severe learning difficulties, was involved in a burglary in London alongside his friend Chris Craig. Craig, who was armed with a gun, and Bentley, who carried a sheath knife and knuckleduster, attempted to rob a warehouse. When the police arrived to apprehend them, Bentley reportedly shouted: “Let him have it, Chris,” which led to Craig firing his gun and injuring Detective Sergeant Fairfax. Bentley himself did not use any weapons during the incident, nor did he attempt to flee.

As more officers arrived at the scene, Craig continued to shoot, eventually killing one police constable. Craig then jumped from the roof, injuring himself. The two men were arrested and charged with joint enterprise, meaning they were both considered responsible for the murder, even though Bentley did not directly carry out the killing.

Trial and Judgment

At the trial, Bentley and Craig both denied that Bentley had uttered the words "Let him have it," although it was claimed by the prosecution that this statement was a command to Craig to open fire. Bentley's defence argued that, if he had said those words, they could have been interpreted as encouraging Craig to surrender the gun rather than to shoot.

Due to his learning difficulties, some believed Bentley should not have been required to give evidence in court, as he might not have fully understood the consequences of his actions. Despite this, Bentley was found guilty of murder and sentenced to death by hanging. In contrast, Craig, being under 18 years old, was not eligible for the death penalty and was instead sentenced to imprisonment, remaining incarcerated until 1963.

Bentley’s conviction sparked public outrage, with a petition signed by 200 Members of Parliament (MPs) urging the Home Secretary, Sir David Maxwell Fyfe, to intervene and prevent the execution. However, this petition was ignored, and Bentley was executed in January 1953. On the day of the hanging, around 5,000 protesters gathered outside the prison, chanting “Murder,” further expressing their disapproval of the execution. This event contributed significantly to the growing movement against the death penalty in Britain, with many critics arguing that it was a miscarriage of justice.

In 1998, Derek Bentley’s conviction was overturned by the Court of Appeal, and he was posthumously pardoned.

The Abolition of the Death Penalty

The death penalty continued to be a contentious issue throughout the 20th century, with strong arguments both for and against it. The debate grew more intense as more wrongful convictions and questionable executions came to light.

Arguments For the Death Penalty:

• Deterrent Effect: Proponents argued that the death penalty acted as a powerful deterrent, preventing individuals from committing serious crimes such as murder. The harshness of the punishment was thought to discourage criminals from carrying weapons or committing violent acts.
• Severity of the Crime: Supporters believed that murder was such a serious crime that it warranted the ultimate punishment. The death penalty, they argued, was a fitting retribution for taking a life.
• Cost: Some suggested that life imprisonment was an expensive alternative, particularly given the costs associated with keeping prisoners in custody for long periods.
• Risk of Reoffending: There was also a belief that individuals who were convicted of murder might be released from prison and commit further crimes, including potentially more murders.

Arguments Against the Death Penalty:

• Other European Countries: Many other European nations had already abolished the death penalty, and they did not see an increase in crime rates as a result, suggesting that the death penalty was not a necessary deterrent.
• Risk of Wrongful Convictions: The irreversible nature of the death penalty meant that mistakes could not be rectified. There were numerous instances where individuals had been wrongly convicted of murder, leading to irreversible consequences.
• Murder is Often Unplanned: Research suggested that many murders were not premeditated, meaning the individuals involved often did not have the time to consider the consequences of their actions. Therefore, the threat of the death penalty might not act as an effective deterrent.
• Religious and Ethical Objections: Many religious groups objected to the death penalty on the grounds that it violated the sanctity of life, advocating for forgiveness and redemption instead.

Other High-Profile Cases

Two other high-profile cases during the 1940s and 1950s also helped to turn public opinion against the death penalty.

Timothy Evans: In 1950, Timothy Evans was convicted of murdering his wife, Beryl, after she had an illegal abortion performed by their landlord, John Christie. Christie claimed that Evans had killed his wife, but it was later revealed that Christie had been the real murderer. Evans had initially confessed to the crime but later retracted his confession, and it became clear that he had been wrongly convicted. Evans was hanged for a crime he did not commit, and Christie was later convicted of eight other murders. The wrongful execution of Evans raised serious questions about the fairness of the judicial system and the use of capital punishment.

Ruth Ellis: In 1955, Ruth Ellis became the last woman to be hanged in Britain after being convicted of shooting her abusive partner, David Blakely, who had subjected her to physical violence and had caused her to have a miscarriage. While Ellis was guilty of the murder, there was widespread public sympathy for her situation, and many believed that her actions were a result of the prolonged abuse she had suffered.

Key Fact: The Murder (Abolition of Death Penalty) Act 1965

In 1965, the Murder (Abolition of Death Penalty) Act was passed, which abolished the death penalty for murder. This Act replaced the death penalty with a mandatory sentence of life imprisonment for those convicted of murder. However, some crimes, including treason, remained punishable by death until as late as 1998, when the death penalty for treason was also abolished.

The cases of Derek Bentley, Timothy Evans, and Ruth Ellis were pivotal in shifting public opinion and influencing government policy, marking a significant moment in Britain’s journey towards the abolition of the death penalty.