Microsoft Word - 英國死刑廢除的過程（Roger Hood）.doc

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1 Roger Hood 1. 1 See the authoritative and magisterial account of the movement to abolish the death penalty for a large number of crimes in Leon Radzinowicz, A History of English Criminal Law, Vol. 1 The Movement for Reform, London: Stevens, Romilly was a distinguished barrister and write who had been greatly influenced in his thinking about capital punishment by Beccaria s On Crimes and Punishments. 2 Radzinowicz, Vol. 1. at p. 5 3 Radzinowicz Vol. 1 p

2 4 See the Leading petitions in Radzinowicz Vol. 1, at Leon Radzinowicz, A History of English Criminal Law, Vol. 4 Grappling for Control, London: Stevens, 1968, p Radzinowicz vol. 4, pp

3 9 10 James Fitzjames Stephen 7 Radzinowicz vol. 4, pp V.A.C. Gatrell, The Hanging Tree. Execution and the English People , Oxford: Oxford University Press. 1994, at p Gatrell at Radzinowicz vol. 4, p

4 LeonRadzinowicz JamesStephen 11 Quoted in Radzinowicz, Vol. 4, p Vol. 1 p Leon Radzinowicz and Roger Hood, A History of English Criminal Law, Vol. 5 The Emergence of Penal Policy, London: Stevens, 1986, pp

5 Ibid. p Report of the Royal Commission on Capital Punishment (Cmd. 8932, 1953), London: HMSO, p See Gatrell, p

6 Leon Radzinowicz See Radzinowicz and Hood, vol. 5, pp at See the interest account by Leon Radzinowicz, Adventures in Criminology, London, Routledge, 1998, at p

7 19 Radzinowicz Sidney Silverman Goddard See Andrew Rutherford, Abolitionism: A Tale of two Struggles in Peter Hodgkinson and Andrew Rutherford (eds.), Capital Punishment. Global Issues and Prospects (1996), Winchester: Waterside Press, pp at Radzinowicz, Adventures in Criminology, p

8 Radzinowicz For an excellent and well-told account of the issues faced by the Royal Commission by an insider member, see Radzinowicz, Adventures in Criminology, chapter 10 at p See Royal Commission on Capital Punishment , Cmd 8932 London: HMSO, 1953, note 22, para 483, p. 167 and Conclusion 39 p Radzinowicz, Adventures, p

9 Timothy Evans 1950 Evans John Christie Evans Derek Bentley Christopher Craig Craig Bentley 15 Let him have it Chris ( Chris Chris ) Bentley Bentley ( 1998 ) Craig Ruth Ellis

10 Parker Harold Wilson Silverman Andrew Rutherford ( ) Quoted in Stephen Shute, Punishing Murderers: Release Procedures and the Tariff, , The Criminal Law Review, Nov, 2004, pp at House of Lords Debates vol. 268 cols Rutherford, at p

11 Stefan Kisko Michael Howard According to the British Social Attitudes Survey, even by 1985 the proportion of respondents in favour of capital punishment for murder in the course of a terrorist act was 77%, for murder of a policemen 71%, and other murders 66%. 28 See Gavin Drewry, The Politics of Capital Punishment in G. Drewry, G. and C. Blake (eds.), Law and the Spirit of Inquiry, (1999) The Hague: Kluwer Law International, pp. 137 at 151 and 154. Also, Lord Windlesham, Responses to Crime, vol. 3, (1996) Oxford: Oxford University Press, pp The Home Office Minister, had announced in the House of Commons on 23 June 1997 that the government had no plans to abolish the death penalty for treason and piracy and that it remained a matter for a free vote. 11

12 % % ,616 31% 59% (8%) The last person executed for treason was the wartime propagandist for Germany Lord Haw Haw who was hanged in YouGov Poll for The Daily Telegraph 3 January H.L. Debates, vol. 268, cols at See Louis Blom-Cooper and Terence Morris, The Penalty for Murder: A myth Exploded, Criminal Law Review, 1996, pp at

13 The European Court of Human Rights in Stafford v The United Kingdom (2002) E.H.R.R., 32,, and the House of Lords in R (on the application of Anderson v Secretary of state for the Home Department [202] UKHL 46; [2003] 1 A.C Discussed in Shute at pp A. Ashworth, (2005) Sentencing and Criminal Justice, 4 th ed. Cambridge: Cambridge University Press at p

14 Report of the Select Committee on Murder and Life Imprisonment (The Nathan Committee) HL Papers Session , at paras and Report of the Committee on the Penalty for Homicide (The Lane Committee) Prison Reform Trust 1995 Sentenced to Life: reform of the law and procedures for those sentenced to life imprisonment, JUSTICE, Chief Judge calls for shorter murder sentences, The Guardian, March 9,

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慤 20 (852) (852) 1 1999 3 31 39 慤 20 (852) 2528 0472 (852) 2865 2902 reform@justice.gcn.gov.hk 2 1 1 3 3 5 5 11 12 2 14 3 14 14 15 18 19 21 23 24 25 25 3 27 27 7 27 7 36 4 45 45 4 45 47 52 5 55