21/08/13
Life for a life?
Life for a life?
On the 23rd
October 1983, Suzanne Laitner planned the most memorable day of her life- her
wedding. It was to become the most memorable day of her life for a very
different reason. Hours after her wedding reception, her parents Basil and
Avril Laitner were murdered in their home. Her brother Richard was also stabbed
to death and her 18 year old sister raped at knife point by Arthur Hutchinson.
Hutchinson, who was already wanted for rape and had spent 5 years in prison for
attempting to murder his brother-in-law, was sentenced to life imprisonment in September
1984. It was recommended that he spend at least 18 years behind bars, meaning
he could have been released in 2002.
Former home secretary
Leon Brittan placed Hutchinson on a list of prisoners, whose life sentences
should mean life, meaning he would probably never be released.
Hutchinson appealed
the sentence, his solicitors arguing that an actual life sentence was in breach
of the treble murderers' human rights. In July this year the European Court of
Human Rights ruled that it was inhuman and degrading to never have the
possibility of parole and was indeed in breach of his human rights.
In August 1985 25 year
old Jeremy Bamber shot dead his adoptive parents and sister along with her 6
year old twins. He was given 5 life sentences for the crimes which prosecutors
said he carried out for inheritance money. He claimed and still pleads to this
day his innocence. Like Hutchinson, Bamber also claimed the sentence breached
his human rights and the European Court of human rights has ruled in his favour
also.
The government now has
six months to respond to Strasbourg’s rulings.
These rulings by the
ECHR begs the question, should life mean life? Should a man or woman convicted
of crimes like these be locked up until they die, or should their human rights
be protected and their liberty granted at some point? If killers like
Hutchinson and Barber are freed by Strasbourg what message would it send to
criminals? Would it lead to prisoners such as serial killer Peter Sutcliffe,
who murdered 13 women in the ‘80s and is serving 20 life sentences having the
right to appeal?
Some will no doubt say
that if we take away the civil liberties and breach the human rights of
murderers, then we are no better than them. They will argue that the fact we
have the decency to grant these people their dignity is what grants us the
right to sit in judgement. There will, inevitably, be those who say everyone deserves
a second chance and prison should be about rehabilitation.
There will also be
those who say an eye for an eye, a life for a life. Some might say the likes of
Bamber, Hutchinson and Sutcliffe should be executed. There are still many
people who believe that the death penalty should be brought back for crimes
such as these.
Some opportunist political
voices will use this story as proof that we should get out of Europe and make our
own rules.
Personally, I can see a case for all of these
arguments but ultimately, we must treat even the most savage of criminals like
human beings. It is wrong to intentionally take another life under any
circumstances. It is wrong to deprive someone of their dignity, even if they
have deprived others of theirs. It is vital that we show humanity and
compassion to people convicted of the most terrible crimes if we are to protest
when other countries do not treat prisoners the way we would like them to. If
we are to be held aloft as an example of fairness and decency as a nation, then
we need to demonstrate this to our monsters, not just our petty criminals.
That said, I also believe that some people are
incapable of rehabilitation, and even aged in their 70’s pose a threat to the
general public. One would hope that these people would not be released but that
should be for the parole board to decide, not a single home secretary.
update 27/2/14
In August last year the European Court of Human
Rights ruled that all convictions should be reviewed after 25 years. This
ruling would mean that whole of life sentences – with no possibility of release
would no longer be allowed, putting hold some high profile cases, such as
soldier Lee Rigby’s killers.
update 27/2/14
Last week a panel of five judges backed the
principle of whole life terms, overturning the Strasbourg decision. It said
that the ability to pass whole-life orders was entirely compatible with the
European Convention on Human Rights.
The court increased the 40 year minimum term handed
to Ian McLoughlin who murdered a good Samaritan during a robbery while on day
release from prison, to a whole-life tariff. Even McLoughlin, who was on day
release from a life sentence for a 1992 murder, said the family of victim
Graham Buck, deserved to know that he would die in prison. McLoughlin had
previously served 10 years for manslaughter after beating a man over the head
with a hammer in 1984.
The court also rejected an appeal against a whole
of life sentence given to Lee Newell, who murdered a child killer while in
prison for a separate murder.
Tory MP, Dominic Raab said “the UK courts have
definitively rejected the ludicrous ruling from Strasbourg demanding that the
most dangerous criminals are given the chance to be freed. It is a victory for
common sense and democracy- and shows the government is right to fight the
human rights mission creep tooth and nail.”
There are currently forty nine prisoners serving
whole-life sentences including Rose West and cop killer Dale Cregan.
Some would argue that the heinous crimes these
people have committed should mean they are punished severely and should give up
the right to their freedom for ever, along with any other rights such as
voting. Other more liberal people may argue that no matter what the crime
there has to be a portion of rehabilitation to prison and one could argue that
hope is an integral part of that process. If we are simply punishing, and are
to throw away the key, then there is little chance of (or point to)
rehabilitation.
If we are to say once convicted of serious crime we
give up on you and you in turn give up your rights to be treated like a human
being then surely we are no better than the cold blooded killers we seek to
punish.
I’m not saying set them free- far from it. I think
stiff sentencing is crucial as a deterrent and to say we as a society will not
tolerate this behaviour but to take away all hope will lead to desperation. Desperate
people do desperate things. There should be a minimum term with a review to
follow. The word review does not guarantee freedom but gives hope. If in forty years’
time these people are still a threat to the public or if they fail to show any
remorse then they should be kept locked up- that simple.
I fear too many people will use this case to bang
the drum for getting out of Europe. We always hear that parliament is sovereign
meaning it makes its own laws so the EU argument ought to be irrelevant but
whether in Europe or not we simply cannot remove all hope and dignity from
people in prison. Again, I’m not advocating Xbox and movie night, I’m
saying if you take away a person’s rights completely you will only make a
bigger monster.
There are
people alongside the life term prisoners who have not committed such crimes.
Some are purely victims of circumstance and have a second chance on release.
People who have all rights and all hope taken away have nothing to gain from
behaving and nothing to lose from not. The less dangerous criminals locked up
alongside such caged animals will be at risk of never rehabilitating either and
may even continue to commit crimes in jail, leading to longer sentences like in
the case of Lee Newell. Other young vulnerable prisoners will also be at risk
of being radicalised by the two men jailed this week for the horrific killing
of Lee Rigby.
We need to make a decision whether we want our
prisons to places of rehabilitation and education, providing offenders with a
chance of life after prison or simply a nasty place to punish criminals we have
given up on as a society.