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The Abolition of the Death Penalty - Teacher Notes.docx

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EDEXCEL GCSE HISTORY · PAPER 1 · CRIME & PUNISHMENT

The Abolition of the Death Penalty

c1900-present · Chapter 4: Crime, punishment and law enforcement in recent times, c1900-present · Lesson 4 of 4

Teacher copy - includes the notes for whoever is teaching from it.

Learning Objectives

1. Describe the cases of Timothy Evans, Derek Bentley and Ruth Ellis.

2. Explain why the death penalty was abolished in 1965.

3. Assess the arguments for and against the death penalty.

Setting the Scene

In 1900 murder was still punishable by hanging. By the 1950s a series of controversial cases had convinced many people that innocent or undeserving people were being executed. In 1965 Parliament suspended the death penalty for murder, and it was abolished permanently in 1969.

1950 - Timothy Evans is hanged for the murder of his daughter. | 1953 - Derek Bentley, aged 19, is hanged; John Christie is revealed as a serial killer. | 1955 - Ruth Ellis becomes the last woman hanged in Britain. | 1957 - The Homicide Act limits the death penalty to certain types of murder. | 1964 - The last executions in Britain take place. | 1965 - The death penalty for murder is suspended for five years. | 1969 - Abolition is made permanent.

Three Cases That Changed Opinion

Each raised serious doubts about hanging.

Timothy Evans

Hanged in 1950 for murdering his daughter. In 1953 his landlord, John Christie, was found to be a serial killer. Evans was pardoned in 1966.

Derek Bentley

Aged 19 with learning difficulties, hanged in 1953 for a murder committed by his 16-year-old friend, who was too young to hang. Pardoned in 1993.

Ruth Ellis

Shot her abusive lover in 1955 and became the last woman hanged in Britain, despite great public sympathy.

The problem

An innocent man had been hanged, and an execution cannot be undone.

Fairness

Bentley did not fire the gun, but he hanged while the killer lived.

Sympathy

Many felt Ellis's circumstances should have been taken into account.

Protests Against Hanging

The execution of Derek Bentley in 1953 caused public outrage. Crowds gathered outside the prison, and the case became a symbol of the campaign against hanging.

The case

▸ "Let him have it". Words Bentley was said to have shouted before his friend fired.

▸ Not the killer. His friend Christopher Craig fired the shot but was too young to be hanged.

▸ Pardoned. Bentley received a partial pardon in 1993, and his conviction was quashed in 1998.

Crowds outside Wandsworth Prison on the morning of Derek Bentley's execution, 1953.

Press photograph, 1953; check the licence before use (for example via a newspaper or library archive).

Why the Death Penalty Was Abolished

Several factors came together in the 1950s and 1960s.

▸ Miscarriages of justice. The Evans case proved that an innocent person could be hanged.

▸ Changing attitudes. Society became more concerned with human rights and the rehabilitation of offenders.

▸ Campaigners. MPs such as Sydney Silverman campaigned for years to end hanging.

▸ Deterrence doubted. There was little evidence that hanging deterred murderers more than life imprisonment.

For and Against the Death Penalty

ARGUMENTS FOR

ARGUMENTS AGAINST

▸ Retribution: a life for a life.

▸ May deter other murderers.

▸ Protects the public permanently.

▸ An innocent person could be executed, and it cannot be undone.

▸ Little evidence it deters murder.

▸ It is cruel and against human rights.

Key Terms

Capital punishment

Execution as a punishment for crime.

Abolition

Ending something completely, such as the death penalty.

Miscarriage of justice

When an innocent person is convicted of a crime.

Pardon

Official forgiveness, which can be given after death.

Homicide Act

The 1957 law limiting the death penalty to certain types of murder.

Retribution

Punishment as revenge for the harm done.

Summary

✓ The cases of Evans, Bentley and Ellis turned public opinion against hanging.

✓ Evans's case proved that an innocent man could be executed.

✓ The death penalty for murder was suspended in 1965 and abolished permanently in 1969.

✓ Changing attitudes and campaigners such as Sydney Silverman drove the change.

 

EXAM FOCUS

Explain why the death penalty was abolished in 1965. (12 marks)

Use the three cases as evidence, and explain wider reasons too - changing attitudes, campaigners, doubts about deterrence.

Exam Practice - The Death Penalty

Answer all questions. Use specific names, dates and examples in every answer. · 35 minutes

▸ Question 1 · 4 marks · Explain one way. Explain one way in which the case of Timothy Evans was different from the case of Derek Bentley.

▸ Question 2 · 12 marks · Explain why. Explain why the death penalty was abolished in 1965. You may use the following in your answer: Timothy Evans; Ruth Ellis. You must also use…

▸ Question 3 · 16 marks · How far do you agree?. "The case of Derek Bentley was the main reason the death penalty was abolished in 1965." How far do you agree? Explain your answer. You may…

Question 1 · 4 marks · Explain one way

“Explain one way in which the case of Timothy Evans was different from the case of Derek Bentley.”

HOW TO ANSWER IT Command word: Explain one way. Worth 4 marks, so plan before writing.

Question 1 · mark scheme

4 marks available. Award a mark for each point made.

▸ A valid difference identified. 1-2 marks

▸ Supported with specific knowledge of both cases. 3-4 marks

▸ Model answer. Timothy Evans was hanged in 1950 for the murder of his daughter, but he was later shown to be innocent when his landlord, John Christie, was found to be a serial killer in 1953; Evans was pardoned in 1966. Derek Bentley was hanged in 1953 for a murder that was actually committed by his friend Christopher Craig, who fired the shot but was too young to hang. So the difference is that Evans was innocent of any killing, while Bentley was involved in the crime but did not fire the fatal shot.

Question 2 · 12 marks · Explain why

“Explain why the death penalty was abolished in 1965. You may use the following in your answer: Timothy Evans; Ruth Ellis. You must also use information of your own.”

HOW TO ANSWER IT Command word: Explain why. Worth 12 marks, so plan before writing.

Question 2 · mark scheme

12 marks available. Award a mark for each point made.

▸ Level 1 (1-3). A simple or general answer

▸ Level 2 (4-6). Some explanation of one or more reasons, with some knowledge

▸ Level 3 (7-9). A developed explanation linked to the question, with accurate knowledge

▸ Level 4 (10-12). An analytical explanation of several reasons, with knowledge that goes beyond the stimulus points

▸ Model answer. One reason was the evidence that innocent people could be hanged. Timothy Evans was hanged in 1950 for the murder of his daughter, but in 1953 his landlord John Christie was revealed to be a serial killer who had murdered women in the same house. Evans was pardoned in 1966. This showed that the justice system could make mistakes, and an execution could never be undone. A second reason was growing public sympathy for those facing execution. Ruth Ellis shot her abusive lover in 1955 and became the last woman hanged in Britain, despite a petition and widespread sympathy for her situation. Derek Bentley, aged 19 and with learning difficulties, was hanged in 1953 for a murder his friend committed, causing public outrage. These cases made many people feel the death penalty was unjust. A third reason, beyond the stimulus, was changing attitudes and the work of campaigners. By the 1960s society was more concerned with human rights and rehabilitation, and there was little evidence that hanging deterred murderers. MPs such as Sydney Silverman campaigned for years, and in 1965 Parliament passed the Murder (Abolition of Death Penalty) Act, suspending hanging for murder.

Question 3 · 16 marks · How far do you agree?

“"The case of Derek Bentley was the main reason the death penalty was abolished in 1965." How far do you agree? Explain your answer. You may use the following in your answer: Derek Bentley; changing attitudes. You must also use information of your own. (16 marks, plus 4 for spelling, punctuation…”

HOW TO ANSWER IT Command word: How far do you agree?. Worth 16 marks, so plan before writing.

Question 3 · mark scheme

16 marks available. Award a mark for each point made.

▸ Level 1 (1-4). A simple or generalised answer

▸ Level 2 (5-8). Some analysis, with a judgement that is asserted

▸ Level 3 (9-12). Analysis of both sides with accurate knowledge and a supported judgement

▸ Level 4 (13-16). Sustained analysis, knowledge beyond the stimulus, and a clear, justified judgement

▸ SPaG (4). Accurate spelling, punctuation and grammar, with specialist terms such as capital punishment and miscarriage of justice

▸ Model answer. On the one hand, the Bentley case was very important. Derek Bentley, aged 19 with learning difficulties, was hanged in 1953 for a murder that his 16-year-old friend Christopher Craig committed - Craig fired the shot but was too young to hang. The case caused public outrage, with crowds protesting outside Wandsworth Prison, and it became a powerful symbol of the injustice of the death penalty. On the other hand, other factors were at least as important. The Timothy Evans case was arguably more significant because it proved that a completely innocent man had been hanged: Evans was executed in 1950, and in 1953 John Christie was revealed as a serial killer. Ruth Ellis's execution in 1955 also caused great public sympathy. More broadly, changing attitudes towards human rights and rehabilitation, doubts about whether hanging deterred murder, and the long campaign of MPs such as Sydney Silverman all led to abolition. Overall, the Bentley case was an important trigger that turned public opinion, but it was not the main reason on its own. The Evans case gave the strongest argument - that innocent people could be executed - and changing attitudes explain why Parliament finally acted in 1965.