Unit 1012 Cover Photo

Unit 1012 Cover Photo

Friday, April 10, 2015

RAYNER GODDARD’S PRO DEATH PENALTY QUOTE [PRO DEATH PENALTY QUOTE]




QUOTE: “There is one other consideration which I believe should never be overlooked. If the criminal law of this country is to be respected, it must be in accordance with public opinion, and public opinion must support it. That goes very nearly to the root of this question of capital punishment. I cannot believe or the public opinion (or would I rather call it the public conscience) of this country will tolerate that persons who deliberately condemn others to painful and, it may be, lingering deaths should be allow to live…”  
[Speech in the House of Lords, 28 April 1948] 

AUTHOR: Rayner Goddard, Baron Goddard (10 April 1877 - 29 May 1971) was Lord Chief Justice of England and Wales from 1946 to 1958 and known for his strict sentencing and conservative views. He was nicknamed the 'Tiger' and "Justice-in-a-jiffy" for his no-nonsense manner. He once dismissed six appeals in one hour in 1957.

In 1948 backbench pressure in the House of Commons forced through an amendment to the Criminal Justice Bill to the effect that capital punishment should be suspended for five years and all death sentences automatically commuted to life imprisonment. The Bill also sought to abolish judicial corporal punishment in both its then forms, the cat-o'-nine-tails and the birch. Goddard attacked the Bill in the House of Lords, making his maiden speech, saying he agreed with the abolition of, the "cat", but not birching, which he regarded as an effective punishment for young offenders. He also disagreed with the automatic commutation of death sentences, believing that it was contrary to the Bill of Rights.

In a debate, he once referred to a case he had tried of an agricultural labourer who had assaulted a jeweller; Goddard gave him a short two months' imprisonment and twelve strokes of the birch because "I was not then depriving the country of the services of a good agricultural labourer over the harvest". The suspension of capital punishment was reversed by 181 to 28, and a further amendment to retain the birch was also passed (though the Lords were later forced to give way on this issue). As the crime rate continued to rise, Goddard became convinced that the Criminal Justice Act 1948 was responsible as it was a 'Gangster's Charter'. He held a strong belief that punishment had to be punitive in order to be effective, a view also shared at the time by Lord Denning.

After retiring as Lord Chief Justice, Goddard continued to intervene occasionally in Lords debates and public speeches to put forward his views in favour of judicial corporal punishment. On 12 December 1960 he said in the House of Lords that the law was too much biased in favour of the criminal, as he was to assert to David Yallop nearly ten years later. Goddard also expressed his opposition to the legalisation of homosexual acts on 24 May 1965. His last-ever speech in the House of Lords was in April 1968 at the age of 91, praising the City of London's law courts.

However, despite stating his opposition to Bentley's execution, Goddard still expressed his strong support for the death penalty and asserted that the law was biased in favour of the criminal, as he did almost ten years before.

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