Even if there is meaningful debate on the death penalty, the conundrum legislators face on whether to abolish it will never be solved, vice-president of the Criminal Bar Association (CBA) Sophia Chote, SC, has said.
At the opening of the new law term last Wednesday, Chief Justice Ivor Archie called for serious and meaningful discussion on the death penalty, saying he believed hanging convicted murderers would not solve crime.
On the issue of whether it should be abolished, although no convicted murderer has been executed since the 1999 hangings of drug kingpin Dole Chadee, his gang of eight and Anthony Briggs, both the CBA and the Law Association (LATT) revealed that they had no definite position on the death penalty and had not discussed the issue.
In a telephone interview on Friday, Chote said, “I don’t think this is an issue that is ever going to be put to rest because its very nature depends on people’s individual consciences. In the United Kingdom where the death penalty has been abolished for many years, there is still debate on whether they should reintroduce it or whether they should have abolished it at all. No philosophical matter is ever put to rest.”
But in giving her personal view as a seasoned criminal attorney, Chote said the death penalty was not a deterrent to crime and there were alternative forms of punishment. She suggested that convicted murderers who have the potential or request rehabilitation could be enrolled in the various prisoner transformation programmes.
Asked if she believed convicted murderers should ever walk the streets again, she said, “There are different kinds of crimes and there are different kinds of offenders. To paint someone with a broad brush and say once a life has been taken it must be that another life must be taken, I think it is unfair and arbitrary.”
Recalling that in previous consultations it was suggested that killings be categorised, she said the new Government could look at bringing those legislations.
LATT president Reginald Armour, SC, said he supported Archie’s call for T&T to take a commonsense approach to the issues affecting the administration of justice and the death penalty. However, he said, he would not speak on behalf of the LATT because of his personal views.
“I have not discussed it with members of council and I would not want to say anything that represents the views of the individual members of the council on what is admittedly a controversial subject,” Armour said.
NGO support
Supporting Chote’s advocacy against capital punishment, founding member of the Network of NGOs of T&T for the Advancement of Women Hazel Brown said they had always supported the abolishment of the death penalty.
Brown said hanging was inhumane and would not deter criminals. She said discussions on the overall improvement of the justice system were needed and the death penalty, along with proper systems to deal with women and juvenile prisoners, should be addressed.
“What we first have to agree on is the need for an overall reform and improvement of the justice system, including the juvenile justice system. If you think the regular justice system is unfair and unjust, for children—boys and girls—it is even worse.
“We as a society should determine where our humanity is expressed and the best place for it is in a justice system. The discussion has to be about the justice system generally and just pull out the hangings which is a very emotive subject. This should include women’s and children’s issues as well,” Brown said.