As some readers will know, I have in the past (prior to my involvement with ACT) advocated a return of the death penalty for our worst murderers – the Bells, the Rufus Marsh’s and the Burtons.
After ten years reflection, I have now changed my view somewhat. While most people wouldn’t have much of a problem if Bell or Burton were executed, as a matter of public policy it becomes very problematic.
Having lived in a country where the death penalty remains on the books as a discretionary sentence for murder, I can say with some certainty that one of the results of having a capital sentence even as an option is what lawyers call “perverse verdicts” by juries unwilling to convict because they know or believe the person concerned will be executed, and they cannot cope with that on their collective conscience.
The question of whether or not the death penalty would be enforceable or workable should come after the discussion on its justification. To rule out bringing in the death penalty because some juries were emotionally compromised is a pragmatic response to the issue. Garrett states that life without parole (LWOP) is probably a worse penalty than being sentenced to death, and he's probably right - but a worse penalty for who? With New Zealand's tax-payer funded prison system, incarceration is merely a no-frills holiday with a varying range of lifestyle options including low-paid work, education and drug-use. That's not to trivialise some of the abuse that goes on within prisons however the real question here is, why should society suffer twice at the hands of the offender. First when the offender commits a crime deemed worthy of LWOP, and then second when they pay for his existence until death.
