Capital Punishment in the UK: The 1950s Murder Trials

Hi! Welcome back. My second post will explore capital punishment. I learned of this subject a few years ago, and it has stuck with me since. For those who have no idea of the UK’s relationship with the death penalty, you may find this one surprising. For those who are intrigued by Britain’s darker side, this one is for you. This post will firstly introduce capital punishment as a practice. Then, I will provide the arguments given to support and oppose CP. Finally, I will introduce you to three cases (if they are unbeknown to you) which are the famous 1950s murder trials.

Capital punishment can be defined as: ‘the practice of executing someone as a punishment for a specific crime after a legal trial’. The practice originates from 1707. The UK and CP have a rich 300-year-old history. Of course, it has always been subject to debate. After decades of campaigning, CP was abolished in 1965 (completely eradicated by 1998). The decision of abolition matched the swinging sixties ethos. The 1960s was a period of major change in the UK – for better and for worse. For now, 141 countries have abolished the death penalty (Amnesty International, 2012).

Originally known as the ‘Bloody Code’, there were approx. 220 crimes punishable by death at its height of use in the 18th and 19th century. Some of these crimes included stealing sheep and pickpocketing. Therefore, many of these were not as serious as murder. Across the period of 1770 – 1830, the UK handed out an estimated 35,000 death sentences. This is not surprising, given how many crimes were punishable by death. Out of these, 7,000 individuals across England and Wales were executed. The debate surrounding if state execution is morally acceptable has been long-running and continues today. And so, the state started to create limitations. As an example, the Children Act in 1908 passed. This stopped the execution of minors under the age of 16. As before this, the state would have executed an individual regardless of age. Much later in the decade, the Homicide Act of 1957 passed. This was a result of established campaigns, relentlessly protesting the inhumane act. This act cut MANY crimes which were punishable by death, except five. These were: murder during theft, murder during arrest, murder of a policeman, murder by explosion/shooting, and second murders. The act made the chance of prosecution much slimmer. By the 1960s, campaigners grew unsatisfactory with the Homicide Act. Amongst liberal changes in society, public opinion swayed. The media played an enormous role in encouraging public uneasiness. This unease came from three areas: the risks of hanging innocent citizens, the risk of hanging citizens who were mentally unfit to stand for trial and the barbarity of the state.

The arguments given to support capital punishment:

1. Retribution: Every guilty person deserves to be punished. Only guilty people deserve to be punished. Guilty People deserve to be punished in specific severity to their crime.

2. Rehabilitation: Criminal takes time before execution to repent and express remorse.

3. Prevention of re-offending: Unable to commit any other crimes.

4. Closure & Vindication: Capital punishment provides closure to the victims’ families.

The arguments given against capital punishment:

1. Retribution: The death penalty is vengeance rather than actual retribution. Life imprisonment more of a severe punishment, than death penalty.

2. Rehabilitation: Capital punishment cannot rehabilitate someone if they are sentenced to death.

3. Prevention of re-offending: Not justifiable for taking away human life. Other ways to make sure they do not re-offend, such as life imprisonment.

4. Value of human life: Some campaigners believed human life is so valuable, that even murderers should not be deprived of their lives.

5. Right to live: Every person has a right to live, even if they are a criminal. Execution of the innocent: The most common argument against capital punishment is this one. Innocent people will be killed due to mistakes in the system. This can never be undone. Failure to deter: The death penalty does not deter.

The 1950s saw the rise of highly publicized murder trials. Timothy Evans, Derek Bentley and Ruth Ellis were three individuals executed. Their trials have been recognized as some of the most controversial in 20th century British history. They also intensified the debate surrounding capital punishment in the UK.

TIMOTHY EVANS (1950):

Timothy Evans (25 years old) was a Welshman falsely convicted for the murder of his infant daughter. Informally, it also included the charge for the murder of his wife. Here is an introduction into what happened. Celebrating her pregnancy, Timothy and Beryl moved to their new home on Easter Sunday 1948. Known as 10 Rillington Place. They moved into their top-floor flat, and met their neighbors John and Ethel Christie who lived on the first floor. Unbeknown to the Evans couple, Christie had already murdered women on the property. Beryl became pregnant again, after the birth of her first child. They decided to not have the child, and planned for an abortion. Abortion in 1950 was illegal in the UK. Christie offered to perform the requested services, and Evans on return was told his wife had died. After total confusion, Evans confessed to the murder of his wife and daughter. However, it was highly suspected that the police coerced him into making that statement. During his trial, Christie and his wife Ethel (who he later killed) were witnesses testifying against Evans. The court did not believe Evans revised story that Christie killed them. The jury had taken 40 minutes to decide his fate. On the 9th March 1950, Timothy Evans was wrongfully executed. Note, this was also carried out by Albert Pierrepoint. Three years after his execution, Christie was identified as a serial killer. He had confessed to killing six other women and his wife. His fate was decided, and he confessed to killing Beryl and the Evans’ daughter. Timothy Evans was royally pardoned in 1966. His wrongful conviction affected many, and has been recognized by the state as an injustice. It demonstrated to the public how capital punishment ran the risks of murdering innocent people.

DEREK BENTLEY (1953):

Derek Bentley (age 19) was an Englishman who was hung for the murder of a police officer (during a burglary) in 1953. Bentley and Christopher Craig (age 16) attempted to burgle a warehouse in Croydon, London. Craig supplied his own gun and Bentley’s knuckle duster. After being tipped off by a witness, the police arrived. Constable Sidney Miles was immediately shot in the head on his arrival. At their trial, Bentley was convicted as a party to murder and Craig was sentenced to ten years’ imprisonment. Craig was protected by the ‘Children Act’ of 1908 because of his age, and so capital punishment was not permissible. There was no other punishment available for Bentley. Murder of a police officer equaled execution. Although Bentley was charged, Craig had fired the firing shot. The jury found Bentley guilty on his apparent phrase to Craig: ‘let him have it’. It had not been proved whether Bentley said this. There was debate about whether Bentley was fit to stand for trial. In 1953, UK law did not recognize ‘diminished responsibility’. It became apparent he had multiple developmental problems throughout his childhood and early adolescence. In December 1948, Bentley had an estimated reading age of 4 years old. On his arrest, he had been described as completely illiterate. Bentley’s lawyers filed for an appeal on the grounds they held no evidence, his mental age and the fact he did not fire the fatal shot. It was unsuccessful. His trial led to a 45-year-long campaign to receive a posthumous pardon. This was eventually granted in 1993.

RUTH ELLIS (1955):

Ruth Ellis (28) was a British model and nightclub hostess. Ellis is known for being the last woman hung in the UK. Hailed as a crime passionel, she was convicted for the murder of her lover (David Blakely). On Easter Sunday 1955, Ellis shot Blakely outside the Magdala pub in Hampstead. She was soon arrested by an off-duty policeman. Ellis explained that they had an increasingly violent relationship. They both had multiple partners, and this resulted in jealousy for all. They lost a child by miscarriage, caused by Blakely punching her stomach mid argument. Another partner, Desmond Cussen, taught her how to use a revolver and drove her to the crime scene. Ellis admitted during her arrest ‘It’s obvious when I shot him, I intended to kill him’. Her case was highly publicized for many reasons. One of these being that she was an attractive, young woman. But also, she was a mother. Many women around the country sympathized with her story. Others thought she deserved her verdict. The jury decided in 20 minutes that Ruth Ellis was guilty. The verdict caused widespread outrage, which was fueled by the media. Ellis declined to plead to insanity, and believed in an eye for an eye. If this case had been a few years later, the outcome would not have been the same. Ellis could have been acquitted on grounds of diminished responsibility. Sentenced to death, Ellis was executed at HM Prison Holloway on July 13th 1955. This was also carried out by Albert Pierrepoint. The familial aftermath was inconceivable. Her husband and son took their own life, and her mother attempted suicide.

These cases were paramount to the campaigns that supported abolition. All three intensified the public’s awareness of injustice at the hands of the state. Due to this, there was a dramatic decline in the use of capital punishment. As an example, there were only two executions each year in the three years before abolition. These trials provided abolition supporters the momentum they needed. It has now been 54 years since the last two people were executed in the UK. Gwynne Evans and Peter Allen were executed for the murder of John Alan West on the 13th of August 1964. Evans at Strangeways (Manchester) and Allen at Walton Prison (Liverpool). They were executed at the same time, only 30 miles from each other. The following year, capital punishment was abolished by the state. The Murder Act of 1965 sentenced individuals to life imprisonment, instead of state execution.

I hope you’ve got this far, and learnt something new! I recognize this is a slightly more serious post than my last. But, I think it’s important to learn about this topic. Especially, as from time to time it comes into debate. It is important to acknowledge the arguments. It is important to recognize injustice. On a lighter note, I’d like to say thank you for the views on my last post! I’m looking forward to writing the next one. See you next time!

Credit to Carles Rabada.