The Death Penalty in Australiasullivan/2014AEA/2014AEA_Death...• “The Death PenaltyThe Death...

The Death Penalty in Australia

Academic English Ag8 July 2014

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Today around the world is theToday, around the world, is the death penalty common?death penalty common?

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Second Optional Protocol 1

to the International Covenant on Civil and

Political Rights市民的及び政治的権利に関する国際規約の第２選択議する国際規約の第２選択議定書。主な内容は死刑廃止。Ratification = （条約の）批准

Countries that have abolished the Death Penalty

(abolish = 廃止)

3NSW Council for Civil Liberties Background Paper – “The Death Penalty in Australia and Overseas”http://www.nswccl.org.au/docs/pdf/bp3%202005%20dp%20paper.pdf

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死刑を廃止する

死刑を宣告する

死刑を執行する

4“Capital Punishment: Not Dead Yet”, The Economist, 13 April 2013

As of 31 December 20133

As of 31 December 2013…

• Abolitionist for all crimes 98• Abolitionist for ordinary crimes only 7Abolitionist for ordinary crimes only 7• Abolitionist in practice 35

= Total abolitionist in law or practice 140

• Retentionist Countries = 58 countries(Conducted executions = 22 countries)

Reported cases

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Reported cases

Is Australia an “abolitionist” orIs Australia an abolitionist or “retentionist” country?retentionist country?

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Th D th P lt i A t li4

The Death Penalty in Australia

7NSW Council for Civil Liberties Background Paper – “The Death Penalty in Australia and Overseas”http://www.nswccl.org.au/docs/pdf/bp3%202005%20dp%20paper.pdf

Lecture Outline5

Lecture Outline

• Arguments against the death penalty– And why the death penalty was abolished in Australia

• Australians and the death penalty overseas• The Australian government’s stance towards theThe Australian government s stance towards the

death penalty today• Australian public opinion towards the death• Australian public opinion towards the death

penalty today

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Arguments For & Against the Death Penalty

Your ideas…

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Four Main Arguments Against the Death Penalty

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Four Main Arguments Against the Death Penalty

1. It is a brutal and inhumane form of punishment which goes against the p g gfundamental right to life

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– Article 3 of the Universal Declaration ofArticle 3 of the Universal Declaration of Human Rights: Everyone has the right to life, liberty and security of person.liberty and security of person.

Article 5 of the Universal Declaration of– Article 5 of the Universal Declaration of Human Rights: No one shall be subjected to torture or to cruel inhuman or degradingtorture or to cruel, inhuman or degrading treatment or punishment.

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Four Main Arguments Against the Death Penalty

2. It is not a deterrent against crime

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Four Main Arguments Against the Death Penalty

2. It is not a deterrent against crime

– Research suggests offenders often do notconsider the consequences of their actionsconsider the consequences of their actions

• The psychology of homicide• Use of drugs and alcohol• Use of drugs and alcohol

T i d t d– Terrorism and martyrdom

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Four Main Arguments Against the Death Penalty

3. The justice system can make mistakes

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Four Main Arguments Against the Death Penalty

3. The justice system can make mistakes(The justice system = police, judges, juries)( j y p , j g , j )– Especially in “emotional” cases

Racial bias– Racial bias– Socio-economic bias– New DNA evidence

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The Ashikaga Incident – Sugiya Toshikazu（足利事件～菅家利和）

Not a death penalty case,

17but…

The case of Carlos De LunaThe case of Carlos De Luna

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Four Main Arguments Against the Death Penalty

3. The justice system can make mistakes(The justice system = police, judges, juries)( j y p , j g , j )– Especially in “emotional” cases

Racial bias– Racial bias– Socio-economic bias– New DNA evidence

The death penalty cannot be reversed

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Four Main Arguments Against the Death Penalty

4. It is contradictory for governments to have the power of life and death over ptheir citizens

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Four Main Arguments Against the Death Penalty

4. It is contradictory for governments to have the power of life and death over ptheir citizens

If murder is illegal why is it okay for– If murder is illegal… why is it okay for governments to murder citizens via the death penalty?penalty?

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Four Main Arguments Against the Death Penalty

1. It is a brutal and inhumane form of punishment which goes against the p g gfundamental right to life

2 It is not a deterrent against crime2. It is not a deterrent against crime3. The justice system can make mistakes4. It is contradictory for governments to

have the power of life and death overhave the power of life and death over their citizens

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The Death Penalty in AustraliaThe Death Penalty in Australia

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Th D th P lt i A t liThe Death Penalty in Australia

24NSW Council for Civil Liberties Background Paper – “The Death Penalty in Australia and Overseas”http://www.nswccl.org.au/docs/pdf/bp3%202005%20dp%20paper.pdf

How did Australia come to be b liti i t t ?an abolitionist country?

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Ronald Ryan5

Ronald Ryan

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Main Arguments Against the Death Penalty for Ronald Ryan

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Main Arguments Against the Death Penalty for Ronald Ryan

1. It is a brutal and inhumane form of punishment which goes against the p g gfundamental right to life

2 It is not a deterrent against crime2. It is not a deterrent against crime3. The justice system can make mistakes4. It is contradictory for governments to

have the power of life and death overhave the power of life and death over their citizens

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The protests against his killing

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Main Arguments Against the Death Penalty for Ronald Ryan

1. It is a brutal and inhumane form of punishment which goes against the p g gfundamental right to life

2 It is not a deterrent against crime2. It is not a deterrent against crime3. The justice system can make mistakes4. It is contradictory for governments to

have the power of life and death overhave the power of life and death over their citizens

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Henry Bolte – Then Victorian Premier

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How did Australia come to be an abolitionist country?

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Australians and the Death Penalty OverseasPenalty Overseas

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In Australia the death penalty has been abolished… but there have been some

young Australian people who have been y g p pgiven the death penalty or a death penalty

sentence overseas Why?sentence overseas. Why?

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In Australia the death penalty has been abolished… but there have been some

young Australian people who have been y g p pgiven the death penalty or a death penalty

sentence overseas Why?sentence overseas. Why?

Drug Trafficking

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Van Tuong Nguyen6

Van Tuong Nguyen

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Andrew Chan & Myuran 9

Sukumaran (The Bali Nine)

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Australians and the Death Penalty Overseas

• How much should the government do to help Australians on death row overseas?p

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Australians and the Death Penalty Overseas

The government should do more to help them

The police shouldn’t give information to foreign countries if it may lead to Australians being y g

arrested for crimes that can be given the death penalty

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p y

The Australian government’s stance towards the Death Penaltystance towards the Death Penalty

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Is the Australian government g“for” or “against”

the death penalty?

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Is the Australian government g“for” or “against”

the death penalty?

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The Australian government’s stance towards the Death Penalty

• Is the Australian government “for” or “against” the death penalty?g p y– It depends on who is being given the death

penalty ?penalty…?– “Against” in the case of Australians…

“F ” i th f A t li ?– …“For” in the case of some non-Australians?

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The government’s contradictory stance 110

~ Former Prime Minister John Howard ~

“Everybody would welcome the death penalty for Osama Bin Laden” (March 2003 US TV)Laden (March 2003, US TV)

“Australia will not protest the pdeath penalty under Indonesian

law for the Bali bombers”

“We would not protest the death penalty for Saddam Hussein”

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penalty for Saddam Hussein

The government’s contradictory stance 211

~ Former Prime Minister Kevin Rudd ~

Regarding the death sentence for the Bali bombers…

“They deserve the justice that we deliver to them […] They are

murderers, they are mass murderers and they are also

cowards. (October 2008)

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The government’s contradictory stance 3~ Current Prime Minister Tony Abbott ~

“I’ve always been against the death penalty [but in the case of someone]

who cold-bloodedly brought about thewho cold bloodedly brought about the deaths of hundreds or thousands of innocent people, you start to think that maybe the only appropriate y y pp p

punishment is death.”

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The Australian government’s stance towards the Death Penalty

• Is the Australian government “for” or “against” the death penalty?g p y– It depends on who is being given the death

penaltypenalty– “Against” in the case of Australians…

“F ” i th f A t li ?– …“For” in the case of some non-Australians?

What is the consequence of this??

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The Australian government’s stance towards the Death Penalty

• Is the Australian government “pro” or “anti” death penalty?– It depends on who is being given the death penalty– “Against” in the case of Australians… – …“For” in the case of some non-Australians?

• Criticism from foreign governments (Indonesia, g g ( ,Singapore, etc) for its “double standard”

Makes it difficult when Australia asks for clemency yfor Australian citizens given the death penalty abroad

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Australian public opinion towards the death penaltytowards the death penalty

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Australian public opinion towards the death penalty

In the 1960s there were protests…

How about today?50

…How about today?

Some “opinion poll” results…

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52NSW Council for Civil Liberties Background Paper – “The Death Penalty in Australia and Overseas”http://www.nswccl.org.au/docs/pdf/bp3%202005%20dp%20paper.pdf

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53NSW Council for Civil Liberties Background Paper – “The Death Penalty in Australia and Overseas”http://www.nswccl.org.au/docs/pdf/bp3%202005%20dp%20paper.pdf

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54NSW Council for Civil Liberties Background Paper – “The Death Penalty in Australia and Overseas”http://www.nswccl.org.au/docs/pdf/bp3%202005%20dp%20paper.pdf

Australian public opinion towards the death penalty

• Although Australia is an abolitionist country…• Even though many people were against the g y p p g

death penalty in the 1960s…

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Australian public opinion towards the death penalty

• Although Australia is an abolitionist country…• Even though many people were against the g y p p g

death penalty in the 1960s…We see around half of the population agreeingWe see around half of the population agreeing

with the death penalty (especially after cases of murder, mass murder and terrorism) in somemurder, mass murder and terrorism) in someopinion pollsShould the Australian government do more toShould the Australian government do more to

educate the public about “Australia’s” opposition to the death penalty??

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to the death penalty??

Closing WordsClosing Words…

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Selected References• “Death Sentences and Executions 2013”, Amnesty International

– http://www.amnesty.org/en/library/asset/ACT50/001/2014/en/652ac5b3-3979-43e2-b1a1-6c4919e7a518/act500012014en.pdf

• “Death Sentences and Executions 2012”, Amnesty Internationalhtt // t / /lib / t/ACT50/001/2013/ /bbf 0d6 39b2 4 5f 1 d– http://www.amnesty.org/en/library/asset/ACT50/001/2013/en/bbfea0d6-39b2-4e5f-a1ad-885a8eb5c607/act500012013en.pdf

• “The Death Penalty in Australian Law”, Jo Lennan and George Williams, Sydney Law Review– http://sydney.edu.au/law/slr/slr_34/slr34_4/04_Lennan_DeathPenalty.pdf

• “The Death Penalty in Australia and Overseas”, NSW Council for Civil Liberties Background Paper– http://www.nswccl.org.au/docs/pdf/bp3%202005%20dp%20paper.pdf

• “Crime in Twentieth Century Australia”, Dr Adam Graycar, Year Book Australia 2001 (1301.0), ABSy , y , ( ),

• “Death Penalty in Australia”, New South Wales Council for Civil Liberties– http://www.nswccl.org.au/issues/death_penalty/australia.php

• “The Death Penalty A Matter of Principle” A speech made by John von Doussa QC 22 October 2006• The Death Penalty – A Matter of Principle , A speech made by John von Doussa QC, 22 October 2006.

• “Crimes Legislation Amendment (Torture Prohibition and Death Penalty Abolition) Bill 2009”, Parliament of Australia Bills Digest, 1 February 2010, no. 91, 2009-2010.

• “The question of the death penalty” Commission on Human Rights resolution 2003/67• The question of the death penalty , Commission on Human Rights resolution 2003/67

• “Second Optional Protocol to the International Covenant on Civil and Political Rights, aiming at the abolition of the death penalty”

“U i l D l ti f H Ri ht ”

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• “Universal Declaration of Human Rights”