jamaican law on death penalty

Amidst high public support for the death penalty, some steps have been taken to remove the legal barriers to the enforcement of capital sentences. 83 Amnesty International (1984, p.8); “House votes to retain capital punishment”, Gleaner, 31 January 1979, p.1; “Senate votes for suspension of death penalty”, Gleaner, 10 February 1979, p.1. Earl Pratt and Morgan were condemned to death on 15 January 1979 and spent more than fourteen years on death row before their sentences were commuted in line with the Privy Council’s ruling in Pratt and Morgan v. Attorney-General for Jamaica [1993]. 16 As the number of condemned prisoners increased during the 1970s, other cells had to be used where prisoners slept on bug-ridden mattresses on the floor. This has not, however, led to the resumption of hangings. On the ombudsman, see Barrett (1985, p.69). Several lawyers associated with the JCHR, including Dennis Daly, persistently challenged death sentences through the courts and helped to mobilise public discontent with the judicial system that resonated with complaints that death row prisoners made about their treatment in the courts when interviewed by the Barnett Commission. 24 Jamaica, Department of Statistics (1953-1989). After one prisoner was finally coaxed out and beaten, a second tipped over his slop bucket so the warders would have to cross the mess to get at him, and declared that he would die “right there in the filth” rather than leave his cell. Elles ont eu tendance à mettre au premier plan les évolutions légales et constitutionnelles et le rôle des standards internationaux en matière de droits de l’homme dans la production des lois et des pratiques relatives à la peine capitale. Condemning the Juvenile Law as “barbarous and absurd,” Salmon rejected the view that Jamaican legislators could have deliberately introduced “a law having such strange and palpably inhuman results in the hope that they might be rectified by the prerogative of mercy”.73 He also expressed the hope that, when assessing the case for clemency, the Jamaican Privy Council might take into account the fact that the appellants had spent four years under sentence of death.74, 30The extent to which the Privy Council’s decision to grant clemency was influenced by the length of time that Baker and Tyrell had spent on death row is unknown. See also Highet, Kahale III, Phillips (1994, pp.775-783). In this way, prisoner resistance supplemented, and sometimes even underpinned, concurrent legal challenges to capital punishment. , Cambridge, Mass., Harvard University Press, 2003. Indeed, the battles that played out over Jamaican capital punishment in courtrooms in both Kingston and London during the 1970s, 1980s and 1990s could not have taken place without the more prosaic conflicts that were fought on death row through coordinated acts of convict resistance. Death Penalty; Death Row Syndrome Earl Pratt and Ivan Morgan both spent 14 years on death row awaiting execution in Jamaica. Determinants of the Death Penalty: a Comparative Study of the World. 65 “Prisoners protest … Convicts to be hanged today”, Gleaner, 25 February 1976, p.2. In Hector’s account, the kidnapping was not the result of lax security but rather one element of a broader, coordinated campaign of resistance that had originated in attempts to improve conditions on death row that dated back many months. The vote followed weeks of passionate debate. Most dramatically, on 26 December 1974, he was among a group of up to twenty-four death row prisoners who seized one of the prison warders – a man named Clarke – and held him hostage. The first of these inquiries, which reported in June 1975, was chaired by the lawyer and human rights activist Dr Lloyd Barnett who was charged with investigating the kidnapping of a prison warder by death row inmates, including Hector, on the night of 26 December 1974. (1972) and these were subsequently cited as precedents later in 1972 when the Court dismissed the appeals of Eaton Baker and Paul Tyrell against death sentences imposed for their part in the Hill Top Prison murder, which was committed in 1969 when they were only seventeen. This suggests that Hector’s critical views on the injustice of Jamaican law and the inhumanity of death row were formed during his time under sentence of death, even if his political philosophy likely continued to evolve over later years as he became a leading figure in prison protest movements, engaged with the Jamaica Council for Human Rights and successfully completed O levels and the first stages of a B.Sc. There have been 1,200 murders on the island so far this year. 31 Report of the Committee to Consider Death (1981, pp.20-23). This small victory appears to have done little in the short term to improve death row conditions and certainly did not address the prisoners’ vociferous complaints about the judicial system and the poor legal representation they had at trial and throughout the appeals process. The second inquiry, headed by H. Aubrey Fraser, the Director of the Norman Manley Law School, had a broader remit to assess whether the death penalty in Jamaica should be “abolished, limited or modified”, and in what conditions condemned prisoners should be held. “All of us were born into a society that was telling us we were free and independent people”, Hector wrote, “but it was a lie: the lie of emancipation”.50, 21Although Hector’s autobiography was not published until 1984, its analysis of capital punishment is consistent with the views that Hector and other prisoners expressed to the Barnett Inquiry nearly ten years earlier. However, a State Party may declare that it reserves the right to apply death penalty in wartime in accordance with international law, for extremely serious crimes of a military nature.15 10See Resolution 42: ‘Urging States to Envisage a Moratorium on the Death Penalty’ 11Ibid. The suspension of executions in the United States for a five year period following the Supreme Court’s ruling in Georgia v. Furman (1972) as well as growing opposition to capital punishment across Western Europe, also contributed to an international context in which the death penalty was under siege as never before. What is more, the men who were condemned to death – and in this period they were, with three known exceptions, all men. Appeals against the Juvenile Law and the controversy and delays they generated were crucial to the fate of individual prisoners and – more broadly – helped create the conditions that sustained a broader attack on the death penalty throughout the rest of the decade, notably by drawing national and international attention to the law’s capriciousness and fallibility, and contributing to the long delays in enforcing death sentences that allowed for the emergence on death row of a group of radical prisoners united in common cause. 8 See, for example, Ancker (2004); Banner (2003); Garland (2010); Hood & Hoyle (2008); Johnson & Zimring (2009); Schabas (2002). This challenges accounts that depict the de facto moratorium on executions that has been in place across much of the Anglophone Caribbean since the early-1990s as a form of neo-colonialism imposed by British and other international courts and at odds with local public opinion, law and penal culture. Appellate proceedings were also facilitated by local shifts in administrative practice and human rights culture, including the extension of legal aid, the formation of the Jamaican Council for Human Rights in 1968 (and the associated work of abolitionist lawyers) and the creation of the office of the ombudsman in 1978 with powers to investigate complaints of “injustice or breaches of human rights” by the state. Allowed access to books, Hector became a vociferous reader and immersed himself in canonical texts of African-American resistance and anti-imperialist struggle by Booker T. Washington and Frederick Douglass, and the Black Power prison activists George Jackson and Eldridge Cleaver. 22 Clarke (2006, p.428); Harriott (2003, pp.91-92). The prosecution hastily obtained a birth certificate from Spanish Town for a child named Eustace Gordon who had been born to one Violet Bailey on 28 September 1948. Peculiar Institution: America’s Death Penalty in an Age of Abolition. An enclosed outdoor recreation area reserved for condemned men was unused due to staff shortages. In practice, all of the death sentences imposed in … 36While Williams’s life was spared, however, the Jamaica Privy Council also in May 1979 issued warrants for the execution of eight other prisoners. While the inquiry was still in progress in March 1975, news arrived that the executions of four men were to be carried out imminently. He also read the Caribbean writers Marcus Garvey, Walter Rodney and Trevor Munroe, as well as Marx and Fanon.47 Inspired by these works, Hector interpreted the circumstances of death row prisoners as an extension of the wider oppression of black and poor people in Jamaica. After the jury had returned its verdict, the trial judge sought clarification of Gordon’s age at the time of the. This article documents these events and argues that they stemmed in important ways from the actions of condemned prisoners themselves. Nigeria’s Debate on Capital Punishment: Sign Execution Warrants or Impose a Moratorium? 7 Johnson (1981, p.148), cited in Smith (2008, p.245). The Jamaican case shows, too, that more needs to be done to integrate countries in the Global South into histories of capital punishment – especially its abolition – that to date have overwhelmingly centred on North America and Western Europe. 39The history of Jamaica’s death row in the 1970s opens up new research questions about what was a critical moment for capital punishment globally, as the ranks of abolitionist countries swelled, Amnesty International launched a campaign for universal abolition, and international bodies including the Council of Europe and United Nations took steps towards restricting the death penalty in international law. Thirteen of the men were practicing Rastafarians and many others wore dreadlocks. To understand why and how resistance developed on Jamaica’s death row requires looking both within and beyond the prison walls, placing prisoners at the centre of the narrative and taking their capacity for political thought and action seriously, but also – as recent studies of the black prison rights movement in the United States have shown – investigating the social and political contexts in which prisons and prisoners are situated and the ramifications of prisoners’ acts on the outside. When Mario Hector and Winston Williams were convicted in February 1972, condemned prisoners were held in A block, but four months later death row was moved to an expanded and more secure location on the upper floor of the prison’s Gibraltar Block where twenty-six single-person cells were arranged on either side of a corridor. The conviction was later upheld on appeal, but nearly eighteen months after Bernard’s original trial, in late-1974, Stewart retracted her evidence and claimed that a man named Shorty Lloydie had threatened to shoot her if she did not identify Bernard as Stevenson’s killer.78 Following this revelation, a new petition seeking clemency for Bernard was submitted to the Governor General who sought guidance on the case from the Court of Appeal. An apprentice printer before his arrest, Hector claimed in an unsworn statement at his trial that on the day of the murder he had gone “to the Jones Town post office where he posted some finished lessons for correction,” before heading to a department store to purchase stationery and then on to a library to carry out some research. 52 As early as 1950, the annual report of the Visiting Committee of the St Catherine District Prison noted critically that “political feeling is present within the Institution to a greater extent than is desirable, or natural, rival factions whilst not conflicting openly, withholding co-operation as fully as should be expected in an Institution of the sort”. The violence – which tended to spike around elections – was most intense in west Kingston which was home to large numbers of socially excluded migrants from rural communities and where poverty and unemployment were so entrenched “that people were prepared to fight or kill to get their candidate elected and thus tap into the political-patronage network”.22 Many of the prisoners on death row were drawn from such communities. Inspired by these works, Hector interpreted the circumstances of death row prisoners as an extension of the wider oppression of black and poor people in Jamaica. Hellerstein, W.E. In a foreword to the book the JCHR described some of Hector’s hypotheses as “difficult to support”, citing as an example his claim that colonialism was responsible for capital punishment. The Barnett commission was established in response to this incident and found that a litany of security lapses had facilitated the kidnapping. In terms of occupational status, thirty-one men were described in the report as “unskilled” and most had jobs that were “sporadic” and “seasonal” and provided a low and irregular income. In part, this interpretation reflected a generational shift. Annual Report of the Visiting Committee of the SCDP for 1950, St. Catherine District Prison: correspondence with Wardens and others; minutes of meetings, reports etc. At the heart of the analysis is Mario Hector’s own, remarkable account of his life under sentence of death. This gives further reason to believe that the views Hector expressed were largely his own. 20 (8) of the Jamaican Constitution, which guards against double jeopardy. Report of the Committee to Consider Death as a Penalty for Murder in Jamaica, 1981. Prison Conditions in Jamaica, May 1990: An America’s Watch Report. An informal grapevine involving prisoners who were not on death row consequently became the main link between condemned inmates and the outside world. Two other prisoners – Clifton Larman and Carlton Bowen – were sentenced to death in August 1963 when death records show they can have been no older than 18. He continued, “the massive public support for Michael Bernard was clearly rooted in the revulsion of the general public in having the execution in their name of a man in respect of whom there might exist even the scintilla of a doubt”.79, 34The death penalty by this time was in a state of paralysis in Jamaica, a further indication of the long term impact of the events set in train by the protests on death row in 1974. The vehemence with which Hector condemns Jamaica’s legal system, prisons and wider political culture suggests that the risks he took did little to inhibit his writing, though it should be noted that it was in the interests of both Hector and the JCHR – which had long fought against capital punishment and worked on Hector’s case – to stress the humanity of condemned prisoners and the injustices perpetrated by the Jamaican courts. The two other men were found later the same night in the prison wash-house where they were brutally beaten by guards.38, 17The Acting Director of Prisons alleged that the men who kidnapped Warder Clarke were planning a massive jail break and their subsequent criticism of prison conditions was nothing more than a cover story adopted after the escape attempt failed, but the Barnett Commission concluded that there was no credible evidence to support this interpretation and the prisoners’ aim all along had been to bring various grievances to public attention. In the ensuing commotion, seven prisoners attempted to flee, but five returned to the cell block and barricaded themselves after they encountered Senior Warder Murray who had heard Clarke cry for help. 25 What is more, the men who were condemned to death – and in this period they were, with three known exceptions, all men 26 – were more likely than in previous eras to appeal their … 4The article draws on a wide-range of previously neglected sources. Most dramatically, on 26 December 1974, he was among a group of up to twenty-four death row prisoners who seized one of the prison warders – a man named Clarke – and held him hostage. Although the court rejected this interpretation of the juvenile law, it upheld Williams’s appeal on other grounds, namely that following R. v. Brown, 7 WIR (47), the punishment was excessive and under the provisions of the Larceny Law and the Probation of Offenders Law punishments should not be imposed that could have a detrimental effect on the offender. R. v. Martin Wright (1972), 12 J.L.R; Baker v. R. (1975), 13 J.L.R. Hector described the kidnapping as a “spark” that set off resistance across the Jamaican prison system. 30 Report of the Committee to Consider Death (1981, pp.18-20). The last woman executed in Jamaica was Agnes Hire, who was hanged in 1891. Friction can be a precursor to or preparation for resistance, and particular prisoner behaviours can operate as either friction or resistance depending on their circumstances and motivations. Nos 73-76. The history of Jamaica’s death row in the 1970s opens up new research questions about what was a critical moment for capital punishment globally, as the ranks of abolitionist countries swelled, Amnesty International launched a campaign for universal abolition, and international bodies including the Council of Europe and United Nations took steps towards restricting the death penalty in international law. In terms of occupational status, thirty-one men were described in the report as “unskilled” and most had jobs that were “sporadic” and “seasonal” and provided a low and irregular income.31 Mario Hector’s pre-conviction employment as an apprentice printer and his literacy marked him out from the majority of condemned prisoners. 64 “Interim report in prison inquiry on Tuesday”, Gleaner, 30 March 1975, p.2. After eighteen months of investigations that involved psychologists and social workers interviewing dozens of condemned inmates and submissions from a range of legal, political, religious and human rights bodies, as well as member of the public, the Fraser Report was published in 1981. Commentary in Jamaica’s leading daily newspaper, the, , expressed exasperation at the state of affairs, which it believed left the Governor-General and Jamaica Privy Council “in a most unenviable position”, imposed psychological cruelty on condemned prisoners by delaying executions and raising hopes of a reprieve, and insulted public opinion, which, it argued, supported the continuation of hanging. Criminologist Robert Johnson described Alabama’s death row in the late-1970s as “like a tomb.” Consisting of four tiers of cells in two blocks, death row prisoners were separated from the outside world by five locked gates, and such was the construction and layout of the cells and the regulation of prisoners’ daily routines that communication even between tiers of cells within the same block was “almost impossible”. A deal was eventually brokered whereby Clarke was freed and five of the prisoners, including Hector, were granted an audience with Manley at which they outlined their complaints. 420-440. The Jamaican Parliament had placed a moratorium on the death penalty until 2009, when it was lifted. 2018 was a year of many firsts when it came to the death penalty in the Caribbean. Yet the accounts of Hector and others demonstrate that in the Jamaican context they also served as an essential basis for more overtly political oppositional acts that fundamentally destabilised capital punishment. James Campbell, « Death Row Resistance, Politics and Capital Punishment in 1970s Jamaica », Crime, Histoire & Sociétés / Crime, History & Societies [En ligne], Vol. Only fourteen were literate, a consequence of infrequent attendance at school, which in turn was normally due to having to help out with work at home, including tending to animals and caring for younger siblings, and also a lack of money for bus fares and lunch. On arrival, they were met by the prison’s senior warder, assigned a religious affiliation when they declared they had none, and escorted to a reception room where they were fingerprinted, photographed and searched. Jamaica Police Federation Wants Death Penalty for Cop Killers September 27, 2020 Chairman of the Jamaica Police Federation (JPF), Patrae Rowe is calling for the death penalty to be imposed on criminals who murder members of the security forces. 28 All figures calculated by author based on dates of sentencing and execution. For all death records, see “Jamaica, Civil Registration, 1880-1999”, Database with images, FamilySearch, http://FamilySearch.org, accessed 2015, Registrar General’s Department, Spanish Town. In those studies, the main explanatory factors for developments in Caribbean capital punishment are identified as European legal and penal cultures, the activities of international human rights organisations and London-based lawyers, and the political concerns of the UK government. A stay of execution, he remained incarcerated and faced the same fate ” given a hard time by agents! ” 84 violence of life on the law required – at the of... 20 ( 8 ) of the Jamaican prison system the federal government and the prison on..., pp.24 & 36-37 ) [ italics in original ] 12 Rubin ( 2015, pp.24 36-37... Through an examination of events in Jamaica since 1988 though the death penalty abolished Britain ’ autobiography! August 1970, P., Schabas, W. a apprentice printer and his “ emotional organization [ ]. 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