Defined Terms

Ten unchallengeable reasons to revert to the incidence (per capita) of Capital Punishment that was Sentenced in the final 30 years of Judicial Corporal Punishment for Adults in Australia (until the mid-1940s) after An Infliction Of Corporal Punishment seven days earlier for One, Two or perhaps Three of the Most Heinous Convicted Criminals annually that are adjudged Never to be Released, if found guilty Beyond any Doubt of a Sadistic, Brutal, Heinous, Unprovoked Crime/s (classified as a Level 1 'criminal offence') to materially reduce criminal activity across Australia because inter alia Western society has jumped ahead along Homo sapiens 'punishment/development curve' due to the recent scourge of illicit drug use.  20 witnesses drawn from the community would be able to comment to the media regarding the impact upon witnessing the 6 lashes/canings inflicted and the execution by hanging a week later. 

1.    Harshly Flogged a week prior to being hung by the neck until dead will evidence a cogent Deterrent, not only for others vulnerable/susceptible to committing murder, particularly Domestic Violence, but also for those prone to lesser offences, because it will herald a 'poles apart' Tough on Crime mantra that will -

       *        reduce the growth of inmate numbers - 43,028 adult prisoners in jails across Australia as at 30 June 2019;

              *        decrease the $18.431b expended on Australia's Justice Sector in 2018-19, in particular the $4,415,968,000 ($4.416b) net operating annual expenditure on Corrective Services in 2018-19

              *        reduce the 142 first degree murders in the 12 months to 30 June 2018, that included 79 women and 22 children; and

             *       evidence fewer convicted murders where the average cost per inmate serving a Sentence of Life Without Parole is $7,000,559 per inmate.

(a)      3 lashes of the Cat 'O Nine Tails liberally and robustly struck upon the bare back above the kidneys; and

(b)      3 canings of an Australian Rattan liberally and robustly struck upon the bare buttocks below the kidneys.

Seven days after such Corporal Punishment is inflicted, the Sadistic, Brutal, Premeditated, Unprovoked Murderer (male adult) is hung by the neck until dead with approx. 20 witnesses drawn from the community, who are then able to comment to the media regarding the impact upon them of witnessing the 6 lashes/canings inflicted and the subsequent execution by hanging.

2.     When Justice for the Innocent Victim/s (Retribution) is again one of to the Purposes of Sentencing, with One, Two or perhaps Three of the Most Heinous Convicted Murderers held to account for their Vicious, Sadistic, Heinous, Unprovoked Murder/s, a 'poles apart' Tough on Crime mantra will be obvious to wrongdoers that will shrink the Baker's Dozen.  Executions, especially where they are painful, humiliating, and witnessed by some members of the public, create a sense of horror that would sway others from committing similar crimes.  Ipso facto, some of the 34 vicious, callous murderers profiled in Section C would not have taken the lives of over 100 innocent citizens listed in Section C. 

3.     The combination of both Corporal Punishment and Capital Punishment achieves a near proportionate Punishment to the perpetrator and evidences Justice for the Innocent Victim/s (Retribution).  Below are extracts from Australian Institute of Criminology - No. 3 - Capital Punishment - Feb 1987 - Compiled and written by Ivan Potas and John Walker -  "The History of Capital Punishment in Australia":

"The concept of an 'eye for an eye, a tooth for a tooth' is said to be applicable to capital punishment.

Under this theory, sometimes referred to as 'just deserts', it is not necessary to argue that the death penalty is instrumental in achieving some other purpose such as community protection or deterrence, the person who murders, it is said, should be executed for the sake of justice alone."

 

"Since the beginning of time, justice has been defined as retribution. Not to be confused with revenge – driven by personal malice – retribution is the innate understanding that it is right to punish an individual in fair proportion to the crime they have committed. Our instinctive longing to see wrongs made right can be traced back to our earliest days. Even the youngest child recognises that the schoolyard bully should be held to account."

 

4.    The New Testament of the Christian Bible includes the preachings of Saint Paul the Apostle who clearly justified authority/the state’s use of ‘the sword’ to punish wrongdoers (Romans 13:4).  A sword is not an instrument to paddle or flog a wrongdoer:

            "For the one in authority is God’s servant for your good.  But if you do wrong, be afraid, for rulers do not bear the sword for no reason. They are God’s servants, agents of wrath to bring punishment on the wrongdoer."

5.    Opponents of Capital Punishment are in the extreme minority, in fact within the minutiae, because Chieftains, Rulers, Sovereigns, Monarchs, and Australia's Forefather Governors, universally Sentenced Capital Punishment to achieve and maintain 'crowd control'

*        over 97% of the 108b Homo sapiens have lived under Capital Punishment during the 125,000 years circa of occupancy of 'terra firma',

          *        in the last 2,000 years chieftains, rulers, sovereigns, monarchs, warlords et al practiced the most barbaric executions to send out the message "don't challenge our authority"; and

    *        the majority of the current 7.6b circa human population today live under both forms of frightening Punishment  (China, Iran, Saudi Arabia, Iraq, Egypt, parts of the United States, Pakistan, Somalia, Belarus, Yemen, Afghanistan, Botswana, Libya, Guyana, Uganda, Bangladesh, Sudan, Nigeria, Taiwan, India, Russia, Vietnam, Thailand, Japan, Indonesia, the Arab States, Malaysia, Singapore 'et al'). 

6.    Countries, that include Sri Lanka and The Philippines, that had removed Capital Punishment from the Sentencing options, have recently re-instated Capital Punishment, ostensibly to potently thwart the damaging consequences of the illicit drug trade.

7.    Denunciation is a formal public expression that taking another person/s life/lives is solemnly unacceptable to the community.  Publically executing One, Two or perhaps Three of the Most Heinous Convicted Murderers annually evidence to 'all and sundry' that taking another's life/s is again accounted for when determining a Sentence.

8.    Community Protection – an excruciating public flogging and a week later a public hanging, for One, Two or perhaps Three of the Most Heinous Convicted Murderers annually, would be a cogent recognition of both protecting the community from the offender/s and from crime generally, that will substantially reduce Level 1 to Level 6 'criminal offences'.

9.    Punishment must be "....predictable, applied at maximum intensity to be effective and dispensed swiftly...." if it going to effectively Deter criminal behaviour.

10.   COVID-19 has reduced the capacity (inmate numbers) and materially increased the administrative costs of Australia's 92 government operated and 10 privately operated prisons due to excessively deployed 'solitary confinement'.  COVID has also significantly hindered Rehabilitation programmes; vital to mitigating Recidivism.  A significant change in the primary form of Punishment, starting with executing One, Two or perhaps Three of the Most Heinous Convicted Murderers annually is necessary to reduce the incidence of crime and strains on our prison .

 

 

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