AUSTRALIA'S OPPOSITION TO THE DEATH PENALTY Reflecting our commitment to universal human rights, we believe as a matter of principle that the death penalty has no place in the modern world. It brutalizes human society, is degrading, and is an affront to human dignity.
The Commonwealth abolished the death penalty in 1973, with application also in the Australian Capital Territory and the Northern Territory. Victoria did so in 1975, South Australia in 1976, and Western Australia in 1984.
Law Council Policy
The Law Council's first policy statement on the death penalty was adopted in 2007. In line with this policy, the Law Council has advocated strongly to ensure that Australia proactively maintains its commitment to the abolition of the death penalty not only in Australia, but across the world.
It is the ultimate cruel, inhuman and degrading punishment. The death penalty is discriminatory. It is often used against the most vulnerable in society, including the poor, ethnic and religious minorities, and people with mental disabilities. Some governments use it to silence their opponents.
Not according to the research. There is no credible evidence that the death penalty deters crime more effectively than a prison term. In fact, crime figures from countries which have banned the death penalty have not risen. In some cases they have actually gone down.
Arguments for the death penalty
Deterrence is another common argument in favour of bringing back the death penalty. It could be argued that simply having the death penalty as an option may deter people from committing serious crimes like murder, and therefore make Australia a safer country.
Citizens, corporations, groups, or any arm of the government cannot impose any punishment otherwise than in accordance with the law. Governments often want to be seen to be tough on crime, but it is important that the punishment fits the crime and any new legislation does not impose overly harsh punishments.
Yet support for the death penalty is strongly associated with a belief that when someone commits murder, the death penalty is morally justified. Among the public overall, 64% say the death penalty is morally justified in cases of murder, while 33% say it is not justified.
“Capital punishment is against the best judgment of modern criminology and, above all, against the highest expression of love in the nature of God.” “The death penalty not only takes away the life of the person strapped to the table — it takes away a little bit of the humanity in each of us.”
In 1957, public doubts about high profile cases such as Timothy Evans and Derek Bentley eventually led to the 1957 Homicide Act that reduced the categories of murder that could be punishable by death. In 1965, the death penalty for murder in Britain was suspended for five years and in 1969 this was made permanent.
Ronald Ryan was the last man hanged in Australia, 50 years ago on 3 February 1967. Ryan and his accomplice Peter Walker escaped from Pentridge Prison on 19 December 1965. The escape set in motion a chain of events which would lead to Ryan's execution and, eventually, to the abolition of the death penalty in Australia.
On 3 February 1967, Ronald Ryan was the last person to receive the death penalty in Australia, before the practice was eventually abolished nationwide. While it has been some 55 years since Australia enacted capital punishment, it is on the rise around the world according to a new report from Amnesty International.
A small majority (52.5 percent) of Australians favour the death penalty for deadly terrorist acts in Australia.
Thomas Barrett ( c. 1758–27 February 1788) was a convict transported on the First Fleet to the colony of New South Wales. He created Australia's first colonial art work, the Charlotte Medal, which depicts the arrival of Charlotte at Botany Bay. He was also the first person to be executed in the new colony.
The court decides on the sentence's length based on the crime's severity and other factors, such as prior criminal history and mental health issues. A life prison term can range from 10 years (in some cases) up to 25 years or even life without parole (in more extreme cases).
October 5, 2022: Texas executed John Henry Ramirez. "I am ready, Warden,” were his last words.
The paradox has been described as follows: A judge tells a condemned prisoner that he will be hanged at noon on one weekday in the following week but that the execution will be a surprise to the prisoner. He will not know the day of the hanging until the executioner knocks on his cell door at noon that day.
The death penalty is not about whether people deserve to die for the crimes they commit. The real question of capital punishment in this country is, Do we deserve to kill? The true measure of our character is how we treat the poor, the disfavored, the accused, the incarcerated, and the condemned.
"It's like a burning cocktail coursing through your veins," says Lubarsky, referring to potassium chloride. "Once it reaches the heart, it stops the heart, and you do die. But in the process there is a period of just intense and searing pain."
While on death row, those serving capital sentences are generally isolated from other prisoners, excluded from prison educational and employment programs, and sharply restricted in terms of visitation and exercise, spending as many as 23 hours a day alone in their cells.
This means that while the death penalty is still technically on the books, no one is currently being put to death by the State of California. In January 2022, Governor Newsom took the further step of ordering the dismantling of California's "death row" (in San Quentin Prison).
With the abolition of the death penalty in this country, life imprisonment is the most severe penalty available to sentencers. It is a penalty imposed in most cases only for murder.
Theft was the most common type of crime, accounting for 43% of all reported offenses in 2019-2020. The prevalence of theft in Australia is a stark reminder of the need for increased security measures and vigilance.