Capital punishment in New Zealand

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Capital punishment in New Zealand first appeared in a codified form when New Zealand became a British colony in 1840, and it was first employed in 1842. [1] Capital punishment was last used in 1957, abolished for murder in 1961, and abolished altogether, including for treason, in 1989. During the period that it was in effect, 85 people were executed.

Contents

Method

The method of execution was always by hanging. At first, there were many possible execution sites all around the country, but later, the only two cities where hangings were carried out were Wellington (the capital) and Auckland (now the largest city). Initially, there was no professional hangman employed—the executioner was simply chosen from among any who were deemed qualified. On occasion, convicted criminals were employed as hangmen, often in exchange for reduced sentences or monetary reward. In 1877, the sheriff of Blenheim recommended that a professional executioner be hired. Tom Long, an Irishman who claimed to have been an executioner in Australia, was hired as the first official hangman. He was the only official hangman to be publicly known; others remained anonymous.

Hanging suspension of a person by a ligature

Hanging is the suspension of a person by a noose or ligature around the neck. The Oxford English Dictionary states that hanging in this sense is "specifically to put to death by suspension by the neck", though it formerly also referred to crucifixion and death by impalement in which the body would remain "hanging". Hanging has been a common method of capital punishment since medieval times, and is the primary execution method in numerous countries and regions. The first known account of execution by hanging was in Homer's Odyssey. In this specialised meaning of the common word hang, the past and past participle is hanged instead of hung.

Wellington Capital city in New Zealand

Wellington is the capital city and second most populous urban area of New Zealand, with 418,500 residents. It is located at the south-western tip of the North Island, between Cook Strait and the Remutaka Range. Wellington is the major population centre of the southern North Island, and is the administrative centre of the Wellington Region, which also includes the Kapiti Coast and Wairarapa. Its latitude is 41°17′S, making it the world's southernmost capital of a sovereign state. Wellington features a temperate maritime climate, and is the world's windiest city by average wind speed.

Auckland Metropolitan area in North Island, New Zealand

Auckland is a city in the North Island of New Zealand. Auckland is the largest urban area in the country, with an urban population of around 1,628,900. It is located in the Auckland Region—the area governed by Auckland Council—which includes outlying rural areas and the islands of the Hauraki Gulf, resulting in a total population of 1,695,900. A diverse and multicultural city, Auckland is home to the largest Polynesian population in the world. The Māori-language name for Auckland is Tāmaki or Tāmaki-makau-rau, meaning "Tāmaki with a hundred lovers", in reference to the desirability of its fertile land at the hub of waterways in all directions.

History

The first person to be sentenced to death was a Māori youth named Maketu, who was found guilty of murdering a pakeha shepherd. However, he died of dysentery before the sentence could be carried out. The first person to be executed was Wiremu Kingi Maketu, who was found guilty of murdering five people on Motuarohia Island, in the Bay of Islands. The people killed were Thomas Bull, employed by Elisabeth Roberton, who was also murdered along with her son aged eight, her daughter of two, and a girl of nearly three named Isabella Brind, the natural daughter of one Captain Brind by a Maori woman, the daughter of Rewa, chief of Ngapuhi in that area. Mrs Roberton's husband, Captain John Roberton, had drowned prior in Paroa Bay, just opposite the island. Thomas Bull had a reputation for strength and brutality. He seemed at all times to have made a set at Maketu and had on several occasions struck, thrown, or otherwise maltreated him. Maketu, was unable to defend himself against such an opponent; nor indeed did it conform with his notions of dignity to do so, he being by virtue of his chiefly rank above combat with one who was a servant and whom he therefore regarded on the same plane as a slave. Maketu, therefore, bided his time for revenge. Maketu then killed Thomas Bull in the night with an axe; he then brutally murdered Mrs Roberton, who was shouting abuse at him and then went to murder the two girls (ransacking the house and then burning Mrs Roberton and the two children within it). The boy ran up Pa Hill, where Maketu chased him and threw him off the 200-foot (60 m) cliff. He was sentenced to death by an all-white jury (his defence had wanted a half-white, half-Māori jury) in an Auckland court, and executed in March 1842.

Māori people Indigenous Polynesian people of New Zealand

The Māori are the indigenous Polynesian people of New Zealand. Māori originated with settlers from eastern Polynesia, who arrived in New Zealand in several waves of canoe voyages some time between 1250 and 1300. Over several centuries in isolation, the Polynesian settlers developed a unique culture, with their own language, a rich mythology, and distinctive crafts and performing arts. Early Māori formed tribal groups based on eastern Polynesian social customs and organisation. Horticulture flourished using plants they introduced; later, a prominent warrior culture emerged.

Pākehā is a Māori-language term for New Zealanders of European descent. The term has also recently come to refer inclusively either to fair-skinned persons, or to any non-Māori New Zealander. Papa'a has a similar meaning in Cook Islands Māori.

Dysentery inflammation of the intestine causing diarrhea with blood

Dysentery is an inflammatory disease of the intestine, especially of the colon, which always results in severe diarrhea and abdominal pains. Other symptoms may include fever and a feeling of incomplete defecation. The disease is caused by several types of infectious pathogens such as bacteria, viruses and parasites.

All the people executed were men, except Minnie Dean, found guilty of infanticide in 1895, and all were convicted of murder, except for Hamiora Pere, convicted of treason. However, before Dean's trial, imprisonment and execution, several other women had been found guilty of Infanticide in nineteenth-century New Zealand, but had had their death sentences commuted to life imprisonment. These were Caroline Whitting (1872), Phoebe Veitch (1883) and Sarah-Jane and Anna Flannagan (1891). The last person to be executed was Walter James Bolton, for poisoning his wife, on 18 February 1957. [1]

Minnie Dean New Zealander murderer

Williamina "Minnie" Dean was a New Zealander who was found guilty of infanticide and hanged. She was the only woman to receive the death penalty in New Zealand, although several others were sentenced to capital punishment, but had their sentences commuted to either life or long duration imprisonment.

Infanticide is the intentional killing of infants.

Hamiora Pere was the only New Zealander ever to be executed for treason.

Abolition: 1949–1961

When the Labour Party formed its first government following the 1935 general election, it commuted all death sentences to life imprisonment. In 1941, the Crimes Amendment Act changed the penalty for murder from death to life imprisonment with hard labour. The only crimes for which the death penalty still applied were treason and piracy.

The New Zealand Labour Party, or simply Labour, is a centre-left political party in New Zealand. The party's platform programme describes its founding principle as democratic socialism, while observers describe Labour as social-democratic and pragmatic in practice. It is a participant of the international Progressive Alliance.

Life imprisonment has been the most severe criminal sentence in New Zealand since the death penalty was abolished in 1989. Offenders sentenced to life imprisonment must serve a minimum of 10 years imprisonment before they are eligible for parole, although the sentencing judge may set a longer minimum period or no minimum period at all. Released offenders remain on parole and are subject to electronic tagging for the rest of their life.

Treason Crime against ones sovereign or nation

In law, treason is criminal disloyalty to the state. It is a crime that covers some of the more extreme acts against one's nation or sovereign. This usually includes things such as participating in a war against one's native country, attempting to overthrow its government, spying on its military, its diplomats, or its secret services for a hostile and foreign power, or attempting to kill its head of state. A person who commits treason is known in law as a traitor.

The Labour Party lost power to the more conservative National Party, which had pledged to reintroduce capital punishment, in 1949. During that earlier period, support and opposition for capital punishment were clearly delineated on partisan grounds. The National Party supported the restoration and maintenance of the death penalty, while the Labour Party opposed it. [2] During debate over the Capital Punishment Act 1950, Labour expressed concern about the constitutional implications of the concentration of executive power in this context, while National Party Attorney-General Clifton Webb referred to the alleged "deterrent" value of the death penalty as potential threat and punitive severity. [3] However, Webb was relatively sparing in his use of the death penalty, while his successor, Attorney-General Jack Marshall (1955–1958), was a hardliner on that issue and the number and pace of executions accelerated, arousing debate.

New Zealand National Party Major New Zealand political party

The New Zealand National Party, shortened to National or the Nats, is a centre-right political party in New Zealand. It is one of two major parties that dominate contemporary New Zealand politics, alongside its traditional rival, the New Zealand Labour Party.

During the time that the National Party was in office (1949–1958), 36 people were convicted of murder, and 22 of those were sentenced to death. The final decision on executions rested with Cabinet, and only eight of the condemned were executed. The rest were commuted to life imprisonment. Even then, professional opinion was divided. Film censor Gordon Mirams did not regard spectacles of hanging as appropriate content within crime dramas and western films and excised such content and dialogue on the basis of family propriety. [4]

According to Department of Justice historian Pauline Engel, the British Royal Commission on Capital Punishment (1953) may have heavily influenced the rise of abolitionism, as did the controversies that surrounded the executions of Harry Whiteland and Edward Te Whiu, [5] which raised questions about post-war trauma, intellectual and developmental disability as factors for leniency.

Social historian Redmer Yska has argued that such concern arose much earlier. When the National Party restored capital punishment in 1950, it became an administrative ordeal for civil servants involved, particularly those within correctional facilities like Mount Eden Prison in Auckland, law enforcement and the judiciary. [6] Corrections staff needed to maintain suicide watch for the convicted felon, conduct regular health checks and provide pastoral care for the condemned individual's relatives, as well as insure prison security during executions. [7]

Official requirements mandated the presence of a magistrate, doctor and sheriffs. [8] During the late fifties, Attorney-General Jack Marshall accelerated the pace of executions and post-traumatic stress disorder, alcoholism and duodenal haemorrhaging developed amongst two of the three staff obliged to participate during execution procedures. [8] In cases of political import, prudent reprieves and commuted penalties did occur, as happened when three Niue Islanders were sentenced to death after killing a manifestly brutal and oppressive Resident Commissioner. On that occasion, the Public Questions Committee of the Presbyterian Church of New Zealand became involved in strenuously lobbying against the verdict. [8]

Class differences were also seen to affect the verdict. Dr. Senga Wintringham was convicted of manslaughter, rather than murder, in February 1955, after shooting and killing Dr Bill Saunders. Wintringham claimed that she had only meant to intimidate him, rather than kill him. The Peoples Voice, newspaper of the Communist Party of New Zealand, criticised the perceived "double standard" in this context, as the courts had just convicted and sentenced nineteen-year-old British migrant and itinerant labourer Frederick Foster to death, despite questions about mental illness and intellectual impairment in his context, as well as appeals from his mother. [9] Foster had shot and killed Sharon Skeffington, his former girlfriend. Although Foster was sentenced to death and executed, defence counsel Dr Martyn Finlay succeeded in raising questions about the limited intellectual capabilities and mental health of the condemned person in this context. [10] Similar questions would arise in the trial, conviction and execution of Albert Webb. The New Zealand Listener editorialised against the death penalty in July 1955, and received supportive feedback from its letters page correspondents. [11]

Eddie Te Whiu was hanged in August 1955, after he had killed an elderly widow in Ngararatunua, near Kamo, when an attempted burglary went wrong. [12] Abolitionist sentiment grew again, as, with the Foster and Black cases, there was perceptible anxiety about the failure of "deterrence" value in the context of violent homicides, and whether Te Whiu should have been convicted of manslaughter instead, due to his dysfunctional family origins and limited intellectual capabilities. [13] As a result, a National Committee for Abolition of the Death Penalty was formed in November 1956, with branches in Auckland, Wellington, Christchurch and Dunedin.

Engel and Maureen Garing have drawn attention to the involvement of Protestant Christian opposition to capital punishment. In 1941 and 1951, the Christian Social Justice League, Christchurch Anglican Diocesan Synod and Methodist Public Questions Committee supported abolition, as did individual Catholics, although their hierarchy remained neutral in this debate. The New Zealand Theosophical Society also opposed capital punishment, and the Churches of Christ and Baptist Union declared its opposition in the late fifties. As religious opposition grew, it provided opponents of capital punishment with an organisational base that was used to good effect. Redmer Yska notes that clergy often refused to participate in legitimising executions through their presence, of whatever denomination. [7]

As a consequence of controversy over the perceived escalation in use of capital punishment, abolitionist petitions started to circulate as well. In 1956, a proposal for a referendum on capital punishment was put forward by the Minister of Justice, Jack Marshall. This referendum was to be voted on during the 1957 general election, but the proposal was defeated.

Meanwhile, Walter James Bolton (1888–1957) was executed at Mount Eden Prison in Auckland in February 1957, after he had allegedly poisoned his wife with arsenic. Given that the National Party lost that election, there were to be no further executions within New Zealand. However, while the election saw a short-lived Labour government elected, capital punishment was not debated in Parliament again before the National party regained power after the 1960 election.

In 1961, the National Party reaffirmed its support for the death penalty, although restricted its use to premeditated murders, and those committed during another crime or during an escape from custody. The issue of capital punishment generated intensive debate within the National Party—the Minister of Justice in the Second National Government, who was responsible for introducing the Crimes Bill 1961, Ralph Hanan, strongly opposed the death penalty, while Jack Marshall, the Deputy Prime Minister, had condoned its use while serving as Minister of Justice and Attorney General, as noted above.

Abolition and its aftermath: 1961 onwards

Aware of growing public opposition to capital punishment, the National Party allowed its MPs to exercise a conscience vote in Parliament, and ten National MPs subsequently voted in favour of abolition. The result was a majority of 11 against capital punishment, 41-30. The ten National MPs were Rev. Ernest Aderman, Gordon Grieve, Ralph Hanan, Duncan MacIntyre, Robert Muldoon, Herbert Pickering, Logan Sloane, Brian Talboys, Mrs Esme Tombleson and Bert Walker. The death penalty was therefore abolished for murder, being retained only for treason and other similar acts in theory. In principle, this meant that de facto abolition had occurred from that point onward. [1]

These last theoretical vestiges of capital punishment were abolished under the Palmer Labour cabinet in November 1989 with the passage of the Abolition of the Death Penalty Act 1989, and there were no further executions during the interim period. [1] Passage of the Abolition of the Death Penalty Act ended all capital punishment in New Zealand. The Cook Islands, which based its statutes on New Zealand law, formally retained the death penalty for treason until it was abolished in 2007. The death penalty was never used in the Cook Islands. [14]

Occasional calls to reinstate capital punishment still occur, but no major political party has made capital punishment an element of any of their election manifestos since the 1989 Abolition act.

A 2004 1 News Colmar Brunton poll found 28% were in favour of bringing back the death penalty, 67% did not want to bring the death penalty back, and 5% were undecided. [15] In a 2013 Curia poll for TV3’s The Nation, 38% of New Zealanders were in favour of the death penalty—a nominal increase from the 28% in 2004—while 55% were opposed it, and 7% were undecided. Also in the poll, 35% of Labour voters favoured the death penalty and National voters' support polled at 44%. Least likely to be in favour were Green Party voters at 19%, but the strongest support came from New Zealand First voters at 84%. [16] [17]

See also

Related Research Articles

Capital punishment, also known as the death penalty, is a government-sanctioned practice whereby a person is killed by the state as a punishment for a crime. The sentence that someone be punished in such a manner is referred to as a death sentence, whereas the act of carrying out the sentence is known as an execution. Crimes that are punishable by death are known as capital crimes or capital offences, and they commonly include offences such as murder, mass murder, terrorism, treason, espionage, offenses against the State, such as attempting to overthrow government, piracy, drug trafficking, war crimes, crimes against humanity and genocide, but may include a wide range of offences depending on a country. Etymologically, the term capital in this context alluded to execution by beheading.

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Capital punishment in the United Kingdom was used from ancient times until the second half of the 20th century. The last executions in the United Kingdom were by hanging, and took place in 1964, prior to capital punishment being abolished for murder. Although unused, the death penalty remained a legally defined punishment for certain offences such as treason until it was completely abolished in 1998. In 2004 the 13th Protocol to the European Convention on Human Rights became binding on the United Kingdom, prohibiting the restoration of the death penalty for as long as the UK is a party to the Convention.

Capital punishment in the United States Legal penalty in the United States

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Capital punishment in Canada dates back to Canada's earliest history, including its period as a French colony and, after 1763, its time as a British colony. From 1867 to the elimination of the death penalty for murder on July 14, 1976, 1,481 people had been sentenced to death, and 710 had been executed. Of those executed, 697 were men and 13 were women. The only method used in Canada for capital punishment of civilians after the end of the French regime was hanging. The last execution in Canada was the double hanging of Arthur Lucas and Ronald Turpin on December 11, 1962, at Toronto's Don Jail.

Capital punishment is a legal penalty in the mainland of the People's Republic of China, as well as in the Republic of China (Taiwan). It is mostly enforced for murder and drug trafficking, and executions are carried out by lethal injection or gun shot. Although Chinese government is often lambasted by Western governments on this issue, capital punishment as a legal penalty receives overwhelming public support in China, and remains popular in many other countries in Asia, including Japan with 80% of respondents supporting the death penalty.

Capital punishment in Belarus

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Capital punishment is a legal penalty in Sri Lanka.

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Walter James Bolton was a New Zealand farmer who was found guilty of poisoning his wife. He is known as the last person to be executed in New Zealand before the abolition of capital punishment.

Capital punishment in Australia was a form of punishment in Australia that has been abolished in all jurisdictions. Queensland abolished the death penalty in 1922. Tasmania did the same in 1968, the federal government abolished the death penalty in 1973, with application also in the Australian Capital Territory and the Northern Territory. Victoria did so in 1975, South Australia in 1976, and Western Australia in 1984. New South Wales abolished the death penalty for murder in 1955, and for all crimes in 1985. In 2010, the federal government passed legislation prohibiting the re-establishment of capital punishment by any state or territory. The Commonwealth will not extradite or deport a prisoner to another jurisdiction if they might face the death penalty.

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Capital punishment in the Republic of Ireland was abolished in statute law in 1990, having been abolished in 1964 for most offences including ordinary murder. The last to be executed was Michael Manning, hanged for murder in 1954. All subsequent death sentences, the last handed down in 1985, were commuted by the President, on the advice of the Government, to terms of imprisonment of up to 40 years. The Twenty-first Amendment of the constitution, passed by referendum in 2001, prohibits the reintroduction of the death penalty, even during a state of emergency or war. Capital punishment is also forbidden by several human rights treaties to which the state is a party.

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References

  1. 1 2 3 4 "A history of capital punishment in NZ". TVNZ. 17 December 2008. Retrieved 10 February 2009.
  2. Yska, 1996: 33
  3. Yska, 1996: 34
  4. Yska, 1996: 116
  5. Young, Sherwood. "Te Whiu, Edward Thomas 1935–1955". Dictionary of New Zealand Biography . Ministry for Culture and Heritage . Retrieved 9 April 2011.
  6. Yska, 1996: 154
  7. 1 2 Yska, 1996: 164
  8. 1 2 3 Yska, 1996: 165
  9. Yska, 1996: 166
  10. Yska, 1996: 161
  11. Yska, 1996: 187
  12. Young, Sherwood. "Edward Thomas Te Whiu". Dictionary of New Zealand Biography . Ministry for Culture and Heritage . Retrieved 1 December 2011.
  13. Yska, 1996: 188
  14. "Archived copy". Archived from the original on 6 February 2012. Retrieved 22 April 2013.CS1 maint: Archived copy as title (link)
  15. "Poll shows 28pc want death penalty back – National – NZ Herald News". Nzherald.co.nz. 15 July 2004. Retrieved 7 December 2016.
  16. "Sizeable support for reintroduction of death penalty | The National Business Review". Nbr.co.nz. 18 August 2013. Retrieved 7 December 2016.
  17. "Death Penalty poll – Curia Market Research Ltd". Curia.co.nz. 24 August 2013. Retrieved 7 December 2016.

Bibliography