Capital Punishment

Chronicle (Levin), 1 November 1949, Page 2

Capital Punishment

E. J.

GRAHAM."

(To the Editor) Sir, — Wiih the genefal election close at hand one of the important subjects that will receive sorhe puDhc attention-'Will be the question of wheeher capital punishment should be restored and -if so whether the law should provi'de -for* the classification of the crime: Will you allow space in your columns to call attention to some of the questions that were brought before the capital punishment commission which sat in England some years ago. Can the offence be classified as the same where the murder has been premeditated and is deliberate, where committed under provocati'on and in a moment of heat, or if with intent to rob, or if the motive was malice? Much attention was given to the matter of infanticide and opinions were expressed that the murder by a mother of her illegitimate child coul'd not justly be classified as the same as if the child were legitimate, ■ as the position of the mother was not the same. Lord Cranworth stated that infanticide by the mother of an illegitimate child, if committed soon after its birth for the purpose of concealment of birth,, should no longer be classed as^ murder for though the law had not been changed it might be taken as an expression of public opinion that no execution for this offence had taken place since 1849. In considering Lord Cranworth's statement, the more humane legislation of recent times, which offers help and protection -for mothers and children of all classes, may place the crime of infanticide in a different category to that of the times when Lord Cranworth made the statement. Another matter that receive d the attention of the commission was that of giving greater powers to the judge and jury in cases where it was considered that there were extenuating circumstances. By an Act of 1861 the power was given to include extenuating circumstances as a part of their verdiet, though the presiding judge had no option but to pass the death sentence even where it was clearly a case where an appeal for the clemency of the Crown would result in a stay of the execution. Biblical references quoted before the commission in support of capital punishment were: Gen. 96, Ex. 21-12 and 23, Lev. 24-17, Num. 35-30 and 31, Against Gen. 4-15, Mat. 5-38 and ' 39. uYours, pf.p

Otaki, Oct. 31.