jamaican law on death penalty

Williams denied ever having met Hector before he was taken into custody and could not recall his whereabouts at the time Miller was killed.1. Prisoners also had “haunting” memories of a cart that was wheeled past their cells carrying a crude, prison-made coffin in preparation for a hanging and would later pass back again taking the body of the executed prisoner for burial. Echoing the sentiments of condemned prisoners in the United States, he wrote of, “time…seemingly endless time…Sitting empty-eyed…Standing because you’re tired of sitting…Consideration…frustration…silence…Time…silence…the death sentence…time.”19, 11Record numbers of Jamaican prisoners experienced the stultifying conditions of death row in the 1970s, due in large part to the island’s spiralling murder rate.20 In 1962, there were 57 reported murders in Jamaica, but by 1972 that figure had more than trebled to 188 and by 1980 it stood at 699.21 This was a unique moment in the history of Jamaican murder. The average age of the prisoners when they were interviewed was twenty-six, though their average age was just twenty-three at the time of the crimes for which they were sentenced to hang.30 Only five of the men were married (including three who murdered their wives), but many more were in stable relationships and some were visited by girlfriends on death row. AccueilNumérosVol. Berger, D., Captive Nation: Black Prison Organizing in the Civil Rights Era, Chapel Hill, University of North Carolina Press, 2014. It generated a spirit of resilience among the condemned that helped them to endure the horrendous conditions of their incarceration and, in the short-term at least, proved more successful than court action in securing relief for individual convicts from the gallows. 0 Number of Executions in . 237-254. Currently, the only crime punishable by death is aggravated murder. For the first time since Amnesty International began its monitoring in 1979, no new death sentences were known to have been imposed by courts in Trinidad and Tobago, leaving Guyana and the USA as the only countries that imposed such punishment in the Americas. 24 Jamaica, Department of Statistics (1953-1989). It is nonetheless clear that for many prisoners hope was not based only on faith, or on legal challenges or appeals for clemency that were dependent on outside support and decision-making, but was intimately bound up with their daily struggles for survival on death row. Most of the men recalled that their first sexual experience occurred before the age of ten, and twenty-six had children, of whom eighteen had more than one child. This article documents these events and argues that they stemmed in important ways from the actions of condemned prisoners themselves. Second, the Gun Court Act (1974), created a new court designed to speed up the trial of crimes involving illegal firearms by significantly restricting defendants’ due process rights, but this did not extend to capital cases, and the proportion of murders that were solved fell sharply from more than 90 percent in the early-1960s to just 50 percent by the late-1970s. More than half of the states allow the death penalty, as do the federal government and the U.S. Military. 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. The high murder rate of the late-1960s and especially the 1970s, however, was mainly due to a post-independence intensification of links between politicians and criminal gangs, as Jamaica’s two main parties—the Jamaican Labour Party (JLP) and the People’s National Party—forged mutually beneficial connections with violent street gangs. 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. The decision also rested on the principle that the Jamaican Constitution trumped the common law, but this formulation was at odds with an earlier Judicial Committee ruling in the case of Director of Public Prosecutions v. Nasralla (1967), which found that the Constitution did not establish any new rights that were inconsistent with the common law as it had stood when the Constitution was adopted in 1962.68 As such, Gordon’s case did not bring a final resolution to the legal and constitutional questions concerning Jamaica’s death penalty laws and young offenders.69 On the contrary, the Jamaican Court of Appeal repeatedly ignored the judgment over the following years and instead relied on Nasralla to support rulings that offenders should only be treated as juveniles if they were under the age of eighteen when sentenced rather than at the time of their offence. He had “only occasionally coherent periods of cognition” and his “emotional organization [was] breaking down”.34, 15The spectre, sounds, and smells of death were everywhere in Gibraltar Block. Hood, R. & Hoyle, C., The Death Penalty: a Worldwide Perspective, Oxford, Oxford University Press, 2008. 76 The Death Penalty: A Survey by Country. The executions were eventually stayed for one week to allow for the Commission to submit an interim report for the consideration of the Governor-General and Privy Council, and then further postponed until the Commission had completed its work. 21 Figures on reported murders for 1962-78 in Report of the Committee to Consider Death (1981, p.42). of St. Joseph’s Church, Spanish Town to read psalms 18 and 91, and handed him a note, which read: “I am asking the people of Jamaica to vote for Michael Manley in the General Election because I am dying a comrade”. 30 Report of the Committee to Consider Death (1981, pp.18-20). Jamaica currently has nine men on death row. Highet, K., Kahale III, G. & Phillips, B., “Pratt & Morgan v. Attorney-General for Jamaica”, The American Journal of International Law, The Death Penalty: a Worldwide Perspective. Death penalty law status: De facto abolitionist Reaching up to peep through a vent high in his cell wall, Ashwood “could see the grave dem a dig[. 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. The men then demanded a meeting with the prison superintendent to outline their grievances, and when that was refused they went on hunger strike. Hector described the kidnapping as a “spark” that set off resistance across the Jamaican prison system. The Barnett commission was established in response to this incident and found that a litany of security lapses had facilitated the kidnapping. After the jury had returned its verdict, the trial judge sought clarification of Gordon’s age at the time of the. After undertaking only cursory enquiries, the committee recommended that no changes should be made. 8 July 2020 Jamaica: Now is the time to legislate to give Jamaica’s police oversight mechanisms powers to charge and prosecute Research Jamaica. In recognition of the extreme mental anguish death row prisoners are subject to, their case established a legal precedent limiting the amount of time a person can be kept under sentence of death. 54 Report of the Committee to Consider Death (1981, p.22). While prisoners might talk and play games with men in neighbouring cells, and, through these activities, provide each other with some psychological support, there was almost no scope for organised resistance. 31In this light, the efforts by death row prisoners and others to challenge and destabilise the death penalty in the early 1970s appear all the more significant to saving the lives of MacFarlane and the other young prisoners whose sentences were commuted in September 1975. The diverse forms of individual and collective action in which death row prisoners engaged had far reaching consequences. In January 1979, four months before Winston Williams left death row, he was joined in the cells by Earl Pratt and Ivan Morgan, men who would spend far longer under sentence of death even than he did. Although no longer facing execution, he remained incarcerated and faced the constant threat that guards might discover his manuscript. On the contrary, the Jamaican Court of Appeal repeatedly ignored the judgment over the following years and instead relied on, to support rulings that offenders should only be treated as juveniles if they were under the age of eighteen when sentenced rather than at the time of their offence. 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. A committee established in 1979 to consider the reform or abolition of the death penalty in Jamaica, found that “Many of the men who wore dreadlocks positively believe that their appearance caused the judge and jury to be biased against them. Along with Eaton Baker, Paul Tyrell, Horace Coates and Everton McFarlane, whose sentences were commuted on the same day, the crime for which Hector was condemned to death had been committed when he was under the age of 18 and he had been sentenced in line with the provisions of a controversial 1948 amendment to Jamaica’s Juvenile Law that prohibited capital punishment only for offenders who were under 18 at the time of. Many of the prisoners blamed their current circumstances on parental neglect, and particularly noted beatings and ill-treatment they had suffered at the hands of men with whom their mothers cohabited, but who were not their biological fathers. Anthony Ashwood, who estimated that between thirty and thirty-five men were executed during his time on death row in the 1980s, recalled that the cart “have on two wheels and a pure squeaking it make when dem a push it.” He remembered too the graveyard, situated behind the prison kitchen and near to a football pitch, where executed prisoners were laid to rest within sight of those who still awaited their date with the gallows. The Fraser Report found in 1981 that, “[t]he areas in which these men grew up are usually neighbourhoods of concern to the police because of the frequent violence, gang warfare and political conflicts which are prevalent.” Condemned prisoners understood that these conditions had contributed to their own violent pasts: “They argue quite vociferously that the culture of the neighbourhood imposes on them the need to be tough and ready to defend the ‘territory’, (their own neighbourhood) from attack and interference from ‘outsiders’”.23, 12As Jamaica’s homicide rate increased from approximately 4 per 100,000 in the early-1960s to 17 per 100,000 in the late-1970s, it placed a huge strain on the country’s police, criminal justice apparatus and prison system. A court injunction issued on the eve of the first of these scheduled hangings caused a further delay and it was not until August 1980 – when the Senate’s eighteen-month moratorium had expired but the Fraser Committee had yet to report – that Conrad Dwyer eventually became the first person hanged in Jamaica in more than four years. Jamaica, saying that the death penalty was “an irrevocable punishment, resulting inevitably in the execution of people innocent of any crime.” 2 In the world as … Hector described the kidnapping as a “spark” that set off resistance across the Jamaican prison system. 73 Baker v. R., [1975], UKPC 22, Minority Judgment, 11. After an initial appeal on the facts of the case was dismissed in 1968, the case was brought before the Judicial Committee of the Privy Council, which quashed Gordon’s death sentence due to the inconclusive manner in which the trial judge had ascertained his age and, further, ruled that Jamaican courts had “no jurisdiction to pass sentence of death” upon persons who were under 18 at the time of their offence. The justices nonetheless gave a strong steer in support of clemency for the appellants, drawing attention to the potential for the prerogative of mercy to serve as a mechanism for mitigating unequal punishments in appropriate cases. In this light, the efforts by death row prisoners and others to challenge and destabilise the death penalty in the early 1970s appear all the more significant to saving the lives of MacFarlane and the other young prisoners whose sentences were commuted in September 1975. In a submission to Cabinet in 1977, Rattray warned that there remained acute public distrust in the judiciary and the unregulated work of the Jamaica Privy Council on clemency appeals in death penalty cases. The Fraser Report found in 1981 that, “[t]he areas in which these men grew up are usually neighbourhoods of concern to the police because of the frequent violence, gang warfare and political conflicts which are prevalent.” Condemned prisoners understood that these conditions had contributed to their own violent pasts: “They argue quite vociferously that the culture of the neighbourhood imposes on them the need to be tough and ready to defend the ‘territory’, (their own neighbourhood) from attack and interference from ‘outsiders’”. Bernard had been found guilty of shooting dead 18-year-old Clifton Stevenson in Tivoli Gardens in June 1972, mainly on the basis of testimony from a 14 year old girl, Paulette Stewart, who appeared at the original trial as the sole eye-witness to the crime. Jamaica, Amnesty International Country Dossiers Catalogue, ACT 05/03/79. Murder is now mostly tried as a non-capital crime and in 2016 there was only one prisoner under sentence of death. As much as the physical severity of these conditions, Hector recalled the tedium of life on the row. It uncovers wide-ranging acts of resistance committed by death row prisoners that forced capital punishment onto the political agenda in Jamaica, generated significant doubts about the justice and efficacy of the death penalty, and led to an unofficial moratorium on executions in the late-1970s during which numerous death sentences were commuted. A committee established in 1979 to consider the reform or abolition of the death penalty in Jamaica, found that “Many of the men who wore dreadlocks positively believe that their appearance caused the judge and jury to be biased against them. 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. This militancy was a response in part to the oppressive conditions on death row, but Hector suggested it was also borne out of Jamaican independence, or, more precisely, what he called the betrayal of independence. 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. They used oil from their food to lubricate the blades and stuffed the cuts with soap to keep the bars in place and cover up their work. It focuses first on the conditions in which inmates sentenced to death in Jamaica were incarcerated; second, on acts of resistance by condemned prisoners; third, on unsuccessful legal challenges to Jamaica’s juvenile death penalty laws that were central to the decision to grant clemency to Mario Hector in 1975, and fourth, on public criticism and political debates about the future of capital punishment in Jamaica that provided the context in which Winston Williams’s life was spared and Pratt and Morgan first entered death row in 1979. Inter-American Commission on Human Rights, Report on the Situation of Human Rights in Jamaica, Washington, D.C., Inter-American Commission on Human Rights, 2012. Condemned prisoners formed close personal attachments with each other, sang hymns together and, in at least one case, cheated the hangman by committing suicide soon after an execution date was set. It uncovers wide-ranging acts of resistance committed by death row prisoners that forced capital punishment onto the political agenda in Jamaica, generated significant doubts about the justice and efficacy of the death penalty, and led to an unofficial moratorium on executions in the late-1970s during which numerous death sentences were commuted. 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.12 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.13. Plus généralement , cet article rappelle qu’il est toujours aussi important de tenir compte du contexte local de la mise en œuvre comme de l’abolition de la peine de mort, même à une époque qui voit s’accroître au plan international la préoccupation pour les exécutions. Although Jamaica has retained the death penalty, it is not being carried out. On Hector’s first night in A Block, the man in the neighbouring cell rapped on the wall, “expressed his condolences” and warned that the warder on duty would “brutalize us” if he heard any noise coming from the cells. After undertaking only cursory enquiries, the committee recommended that no changes should be made. 1 “Man arrested on second murder charge”, Gleaner, 23 Nov. 1970, p.10; “Bank Murder Trial”, Gleaner, 25 Feb. 1972, p.4. 26 I have found evidence of three women sentenced to death in 1970s Jamaica. 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. Before Rupert Anderson was executed in 1971, he asked Rev. This position was established in the non-capital cases of R. v. Williams (1970) and R. v. Martin Wright (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.70 In due course, the matter was taken once more before the constitutional court, but the Judicial Committee upheld the death sentences, reversing its earlier judgment in Gordon and dismissing Baker and Tyrell’s appeal in a split 3-2 decision announced in May 1975.71, 29In the majority judgment in Baker, delivered by Lord Diplock, the justices declared themselves unwilling to deviate from the literal meaning of Jamaica’s juvenile capital punishment law even while recognising that it could result in “a degree of inequality of punishment between two persons of the same age who committed similar crimes on the same day”, but were tried and sentenced at different times.72 The justices nonetheless gave a strong steer in support of clemency for the appellants, drawing attention to the potential for the prerogative of mercy to serve as a mechanism for mitigating unequal punishments in appropriate cases. 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. – were more likely than in previous eras to appeal their convictions not only in Jamaican courts but also to the Judicial Committee of the Privy Council and this meant that prisoners spent far longer on death row than ever before before their cases were resolved. , Cambridge, Mass., Harvard University Press, 2003. On the basis of Jamaica’s experience, further investigation is required of the contributions – direct and indirect, intended and unplanned – that condemned prisoners in all countries made to the advance of the abolitionist cause in this era. 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. & Cook, K.J., Life after Death Row: Exonerees’ Search for Community and Identity, Piscataway, NJ, Rutgers University Press, 2012. The cell doors remained closed at all other times except for a few minutes each morning when prisoners were taken, usually in groups of three, to empty their buckets, fill their water jugs and wash. Radios and reading material of any kind were prohibited in the cells, as were all items of personal hygiene. An enclosed outdoor recreation area reserved for condemned men was unused due to staff shortages.17 The cell doors remained closed at all other times except for a few minutes each morning when prisoners were taken, usually in groups of three, to empty their buckets, fill their water jugs and wash.18 Radios and reading material of any kind were prohibited in the cells, as were all items of personal hygiene. Furthermore, prisoners’ resistance was one of the key reasons for the long delays in the execution of death sentences on which anti-death penalty jurisprudence would turn for the next two decades. Clarke, C., “Politics, violence and drugs in Kingston, Jamaica”. It is reasonable to suggest that the death penalty had not been so political salient in the Anglophone Caribbean since the brutal repression of the Morant Bay uprising in 1865. On their conviction, Hector and Williams were both sentenced to death, which was then the mandatory penalty for murder in Jamaica, and immediately transferred to death row at the St Catherine District Prison in Spanish Town. He is currently working on a study of the death penalty in British Overseas Territories, University of Leicester - Jmc62@le.ac.uk, Voir la notice dans le catalogue OpenEdition, Plan du site – Crédits – Flux de syndication, Nous adhérons à OpenEdition Journals – Édité avec Lodel – Accès réservé, Vous allez être redirigé vers OpenEdition Search, The Death Penalty in the Mid-Twentieth Century, Death Row Resistance, Politics and Capital Punishment in 1970s Jamaica. The row was not as tightly managed as was typical in the United States, but it was, and remained, a brutal, austere, fetid and unsanitary place, filled with desperate men and prone to regular outbreaks of violence that were sometimes perpetrated by prisoners, but more often by poorly paid, overstretched and mostly untrained guards.15 Each cell was furnished with a narrow bed, a table and chair, all made of concrete, and prisoners were provided with a water mug and a slop bucket.16 They also had access to a shower, were granted two visits and could write two letters each week and were allowed into the corridor between their cells for fifteen minute periods of exercise two or three times per week. By contrast, the younger prisoners were more militant. They argue that Rastas are given a hard time by the agents of the State”. 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”. Hector had learned that his life was to be spared from a radio news broadcast shortly after lunch on 12 September 1975. Harriott, A., Understanding crime in Jamaica: new challenges for public policy, Kingston, University of the West Indies Press, 2003. He elicited a promise from the superintendent that the assault on Baker would be investigated and, while there is no evidence that this ever happened, the superintendent did make several other concessions, including allowing death row prisoners access to books and newspapers and the right to keep soap, toothpaste and towels in their cells.44, 20This 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.45 It did, however, have far-reaching psychological, ideological and practical implications. Moreover, his descriptions of prison conditions and acts of resistance are corroborated by other sources, including interviews with other condemned inmates, extensive newspaper reports, legal records, and two major inquiries into capital punishment commissioned by the Jamaican government. 19 Hector (1984, p.15). A psychological examination carried out in April 1991 on Ivan Morgan, who had been under sentence of death since 1979 and had, on three occasions, been moved to the death cell adjacent to the gallows only for his execution to be postponed at the last minute, provides an unusually detailed and official record of the impact of death row on an inmate’s mental health. Which death row prisoners engaged had far reaching consequences of Individuals currently under sentence death. Reasoning, Lord Salmon advocated for clemency more explicitly he wrote, “ the situation... Stemmed in important ways from the ghettos to the unavailability and unreliability of birth records the of! 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