The Workman's Advocate. — 1865-12-30 (London, England)

CAPITAL PUNISHMENTS.  Some time ago a Capital Punishment Commission was appointed which for some time past has been taking evidence on the question, and having concluded their labours they have agreed to a report. We believe it has received the assent of all the commissioners. Several of them have, however, signed a supplementary paragraph stating their belief that capital punishments miaht now be safely abolished. The report, which is addressed to the Queen, is a lengthy document of a somewhat valuable character, and concludes by making the following recommendations :  1. That the punishment of death be retained for all murders deliberately committed with express malice aforethought, such malice to be found as a fact by the jury. 2. That the punishment of death be also retained for all murders committed in, or with a view to, the perpetration, or escape after the perpetration, or attempt at perpetration of any of the following felonies: Murder, arson, rape, burglary, robbery, or piracy. 3. That in all other cases of murder the punishments be penal servitude for life, or for any period not less than seven years, at the discretion of the court. 13. Our attention has been called to the frequent failures of justice in cases of infanticide. The crime of infanticide, as distinguished from murder in general, is not known to the English law. The moment a child is born alive it is as much under the protection of the law as an adult. 14. We have consldered whether the failure of justice, which undoubtedly often occurs in such cases, may not be obviated by some change in the law which shall add to the.protection of new-born children. The principal -obstacle which now prevents the due=enforcement of the law is the extreme difficultY of giving positive proof that the child alleged to have been murdered was completely born alive. 15. We have given this important and difficult subject our serious attention, and we have arrived at the opinion that an Act should ,be passed making it an offence punishable with penal servitude, or imprisonment at the discretion of the court, unlawfully and maliciously to inflict grievous bodily limb or serious injury upon a child during its birth, or within seven days afterwards, in case such child has subsequently died. No proof that the child was completely born alive should be required. With respect to the offence of concealment of birth, we think that no person should be liable -to be convicted of such offence upon an indictment for murder, but should be tried upon a separate indictment. The accused  should not be entitled to be acquitted in either of the above cases if it should be proved on the trial that the offence amounted to murder or manslaughter. 16. There is one point upon which the witnesses whom we have examined are almost unanimous, viz., that the power of directing sentence of death to be recorded should be restored to the judges. We think this change desirable.  - 17. Upon another imporfant point there is also a great preponderance of opinion against the present state of the law. The witnesses whom we have examined are, with very few exceptions, in favour of the abolition of the present system of public executions, and it seems impossible to resist such a weight of authority. We therefore recommend that an Act be passed putting an end to public executions, and directing that sentences of death shall be carried out within the precints of the prison, under such regulation as may be considered necessary to prevent abuse, and satisfy the public that the law has been complied with. 18. These are other questions of great importance upon which we have taken evidence, viz.:1. The propriety of allowinc, an appeal on matters of fact to a court of in criminal cases.  2. The mode.; in which the Crown is advised to exercise the prerogative of mercy by the Home Secretary. 3. The present state of the law as to the nature and degree of insanity which is held to relieve the accused from penal responsibility in criminal cases.  It is obvious that these difficult questions are not confined to caPital" crimes only, but pervade the whole administration of the criminal law. They therefore require a more general and comprehensive treatment than the terms of the commission under which we act will admit. We think, therefore, that while we should not be justified in making any recommendation to your Majesty on any of these points, we should fail in our duty did we not humbly solicit your Majesty's attention to them as requiring further investigation. All which we humbly submit to your Majesty's royal consideration.