By Omar Anderson, Gleaner WriterFORGET THE party whips. More politicians on both sides of the House of Representatives prefer hanging for persons convicted of capital murder.
An informal Sunday Gleaner poll conducted last week among most members of Parliament (MPs) found that nearly all politicians in the house believe that the death penalty should be carried out when appropriate.
Of 53 contacted, a total of 33 politicians said they would support hanging, as against 10 who said they are stoutly against it. Three of the 53 MPs were undecided while four of the numbers polled declined to give a view.
The poll was the first time in 26 years that politicians publicly stated their positions on what has become a very emotive subject in light of Jamaica's seemingly intractable crime problem.
CONSCIENCE VOTE TAKEN
In 1979, a conscience vote on the death penalty was taken during an electric debate in the House of Representative.
Years after, the politicians are still in two minds about the issue.
Government MPs who declined to give responses were Dr. Peter Phillips and Dr. Karl Blythe.
Government MPs who did not participate were K.D. Knight, Portia Simpson Miller, Richard Azan and Ralston Anson,
Government and MP Wykeham McNeil was undecided.
The Opposition's Dr. Horace Chang and Abe Dabdoub were undecided.
Opposition Leader Dr. Ken Baugh and MP Devon McDaniel declined to give any response.
Opposition MP Barrington Gray did not participate.
The issue of hanging came to the fore recently, following the ruling by the United Kingdom-based Privy Council that bills seeking to establish the Caribbean Court of Justice (CCJ) were unconstitutional.
Following the ruling, Prime Minister P.J. Patterson wrote the Opposition seeking consensus on a number of constitutional issues, including the CCJ and hanging.
The meeting was slated to have been held last week between Attorney-General A.J. Nicholson and Delroy Chuck, Opposition spokesman on justice.
OPPORTUNE TIME FOR DISCUSSION
"I believe the time is now opportune for us to engage in a structured discussion covering an agreed list of topics with a view to arriving at binding agreements where possible," Mr. Patterson said recently in his invitation letter to Opposition Leader Dr. Ken Baugh.
On January 30, 1979, the House of Represen-tatives voted to retain the death penalty. Twelve government ministers, including seven ministers, 'crossed the floor' to vote with seven Opposition members against the retention of the death penalty.
Since then, a number of polls conducted showed that more Jamaicans prefer hanging as a punishment for persons convicted of capital murder.
Those who voted for hanging then were: Donald Allen, Leslie Birch, El Brown, Vinroy Brown, Walter Cheddesingh, Kelvin Dewier, Terry Gillette, Winston Jones, Dr. Aston King, Ruddy Lausanne, Dr. Douglas Manley, Roy Megan, Carmine McGregor, Seymour Mullings, Keel Moon, Fred Neat, Sydney Pagan, Keith Rhodd, Rev. Roy Robinson, Dr. Upton Robotham, Derrick Rochester, Vie Thompson, Dudley Thompson, Carl Thompson. (24 in all).
Against: Eric Bell, Ralph Brown, Howard Cooke, Dr. D.K. Duncan, Vincent Edwards, Desmond Leakey, Michael Manley, P.J. Patterson, Orville Ramtallie, Hugh Small, Anthony Spaulding, Jack Stephenson (12 government members), and Dr. Neville Gallimore, Dr. Mavis Gilmour, Len Kirby, Neville Lewis, E.K. Powell, Alva Ross, Douglas Vaz (7 Opposition members).
Speaking with The Sunday Gleaner yesterday, Mr. Chuck said while he does not support hanging, he thinks it should be carried out once it remains on the law books.
Meanwhile, some of the arguments against hanging range from inhuman, faults within our justice system, to judicial error.
SYSTEM FLAWED
"The system is very flawed in that many people are brought before the court and are not guilty of the things they are accused of," said Andrew Gallimore, the St. Andrew West Rural MP who is against hanging.
Several of the MPs who are against hanging are not against the death penalty in some other form lethal injection, electric chair or life imprisonment without parole.
But there are also very strong views in support of hanging, especially in the wake of Jamaica's spiralling crime wave.
Those who support hanging, including Horace Dalley, are strident in their calls for an improved justice system.
"There has to be a strong deterrent to criminals, that if you carry out certain acts, there is a final sanction which is your life," he argued.
Contacted yesterday, Rev. Phillip Robinson, president of the Jamaica Council of Churches said his organisation did not have a fixed position on hanging as denominations differ on the subject.
"When it comes to hanging, it's a matter of conscience, because the scriptural references can be used to support both positions (for or against)," he explained.
Susan Goffe, chairperson of Jamaicans For Justice, a human rights lobby group, said the organisation held no fixed policy on the issue.
"It's an issue that has come before our membership for discussion," she told The Sunday Gleaner. Mrs. Goffe added, however, she was personally against hanging.
"Given the serious flaws within our justice system, the chances of someone innocent being convicted and sentenced to death is certainly a possibility," she stated.
