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The abolition of the death penalty in England

2018-10-11 来源: 51due教员组 类别: Paper范文

下面为大家整理一篇优秀的paper代写范文- The abolition of the death penalty in England,供大家参考学习,这篇论文讨论了英国的死刑废除。从19世纪30年代开始,英国社会上首先兴起了废除死刑的呼声。后来经过英国法学家和社会大众的不断努力,终于促使死刑得到了废除。英国死刑废除不仅缩小了死刑适用范围,还改造了社会观念,用终身监禁作为替代手段。死刑背后的深层因素是经济发展的需要,政治格局的变化以及各种新思想的兴起。

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At the beginning of the 19th century, there were a large number and a wide range of death sentences in British society. There were over 200 death penalty decrees, which were called "bloody codes" by historians. Because statutes contain more cases in which the death penalty is punishable, the actual scope of application of the death penalty is often more than three times that of a death penalty statute. On the other hand, with the development of society, the number of people executed is much smaller than that of those sentenced to death. It can be seen that the contrast between the legal provisions and the legal practice shows the arbitrariness of the execution of death penalty to the world, the massive use of death penalty cannot effectively control crimes, the conviction rate keeps rising, and the crime rate does not decrease. In the 1830s, the society first rose to abolish the death penalty for property crimes. In Sussex, duke, Charles Dickens, etc, with the help of scholars and celebrities of philanthropic, preventive punishment views become more common. By the 1840s, only a few murderers were executed, and the various ACTS that constituted the aggravation of the crime were defined in particular. By 1861, the personal crimes act limited the application of the death penalty to murder and the rare occurrence of such serious crimes as treason and piracy.

It can be seen that, after nearly half a century of development, the application of the death penalty in Britain was limited to the most serious crimes, and the threat of death was gradually reduced to punish crimes.

In the 1860s, in order to limit the application of the death penalty to actual murder, the pardon system was widely applied, but as a result, the campaign to abolish the death penalty stalled. In the late Victorian era, the abolition of the death penalty seemed to lose its place in "the real problems of our time" because of society's emphasis on individual responsibility and the need for severe deterrence. After the second world war, the Labour party, which had a majority of abolitionists in the house of Commons, temporarily shelved the bill out of self-interest for fear of abolition. , the decision of the house of Commons was sentenced to death on the standard debate prompted the British government has set up a royal commission in 1949, the commission using four years time to complete the report for the abolition of the death penalty made enough public base, which makes the British government had to face the choice: keep the law and unsatisfactory situation, or to abolish it completely. Subsequently, timothy ? Evans case, drake ? bentley case caused by the emergence of public debate and unease to promote the establishment of the "national abolition movement" organization. The conservatives introduced direct legislation in 1957, using the homicide act to define a small number of murders punishable by death.

1966 the house of Commons passed a bill repealing capital punishment. 1969 the house of lords passed the case by voice vote. By 1994, no senior British judge had supported the reinstatement of the death penalty. The death penalty in the military law was abolished in 1989. While the death penalty was abolished, life imprisonment gradually became an alternative to the death penalty.

The industrial revolution promoted the economic and social development of the UK, the rapid development of productivity, and the dramatic changes in the society took place, which led to the emergence of some new production and living relations in the UK. In order to adjust to the new social problems, the death penalty in current law must be reformed to meet the new needs.

Public sympathy for those who commit capital murder punishable by death is greater than disgust for those who do not commit capital murder, as defined by death penalty. This, combined with the difficulty of distinguishing between "punishable by death" and "not punishable by death" murders, puts judges in an awkward position and may affect the respect they receive. This belongs to the defects of the law itself, the defects of the death penalty system. Even in minor criminal cases, juries often use "good perjury" to make the perpetrators as humane as possible. The ineffectual execution of death penalty mentioned above loses its deterrent value, hinders the deserved punishment of criminals, and has no criminal justice to the plaintiff.

As the bureaucratic government gradually established, the establishment of the civil police forces and the people's political expectations, expanding the scope of the past to death terror as the pillar and based on the random execution of the criminal justice "bloody code" will be replaced by a police system in an effort to ensure more determined and proportional to the crime punishment. This is to reflect the law's assessment of crimes of varying severity and to prevent the occurrence of more serious crimes.

The Renaissance movement of the 14th and 17th centuries demanded the affirmation of human values and dignity and advocated the pursuit of freedom, happiness and material enjoyment. Then the enlightenment in the 17th and 18th centuries further developed humanitarianism. Voltaire argued that the law should be based on human nature, montesquieu argued that the national law should not violate human rationality, and Kant insisted that human self-discipline. Bentham and other thinkers advocate the complete abolition of the ineffectual and irrevocable death penalty. During this period, a large number of thinkers and jurists vigorously promoted the abolition of the death penalty, providing theoretical guidance for the movement.

Conclusion: st. Bernard, a famous French literary critic, once said, "if we can see into the heart of all people, who in the world is not to be pitied?" The death penalty in Britain is a thing of the past, and some controversies about how to deal with murder will continue. Discussions between the upper and lower houses, the people and the judge will also promote the continuous development and improvement of British laws to adapt to the changing times and better regulate and guide citizens.

The reference significance of the abolishment of the death penalty movement in Britain to the construction of the rule of law is not the result but the process. Over the past 150 years, generations of British lawmakers have made choices that best suit the national conditions of the UK, taking into account public opinion and prudent thinking. The constant efforts of English jurists and the public finally led to the abolition of the death penalty. The process of abolishing the death penalty in Britain has made us realize that only by fully obeying social development and actively carrying out social reform can the country be prosperous and civilized.

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