Illustration of Deeming's hanging at Melbourne Gaol, reproduced in The History of a Series of Great Crimes on Two Continents, second edition, p. 82 OMG 183, Collection of the National Trust of Australia (Victoria)
Exercise 3 Capital Punishment
In the 19th century you could be hanged for committing arson, burglary, shooting, rape or murder.
- Investigate the use of capital punishment as an effective sanction.
Consider some of the following questions when doing research:
- When did capital punishment stop in Victoria? Why do the other States have different dates?
- Who was the last person hanged in Victoria?
- Why would people sign petitions to try to stop a hanging (See Petition for Reprieve of Ned Kelly, 1880 in the PROV online exhibition Ned Online)
- Why would people want to reintroduce capital punishment?
- Why would the government not want to reintroduce capital punishment?
- What other countries still have capital punishment?
- List reasons for and against the use of capital punishment.
- Australia has only had hanging as capital punishment. What other forms of capital punishment are used?
Carefully consider the Deeming case and prepare a report which:
- discusses the legal definition of murder
- outlines the facts of the Deeming case
- applies the legal definition of murder to the facts of the Deeming case
- explains the possible defences to the charge of murder which may apply to the Deeming case
- identifies the outcome of the case
- presents a discussion of the appropriateness of the outcome or issues raised in the case.
- Does the Deeming case fit the term 'beyond reasonable doubt'?
- Research the legal defence of insanity. Does the evidence suggest that Deeming was insane? Explain.
- What motive is suggested in the case? Why is a motive important in a murder case?
- List reasons why you think Deeming should or should not have been hanged.
Imagine you are a lawyer preparing a case in support of Deeming. Reflect on what you know about his life. What evidence would you use to justify his actions, and why? Now imagine you are preparing the case against Deeming. What evidence would you use, and why? If you were the judge, what decision would you have made? What sentence would you have given? Was the death penalty the right decision using the facts we know? Justify your position.
Visit this website for further information:
Warning it contains graphic and distressing information.
- Botched executions on the Human Rights Watch website
Consider Deeming's case. Many other people committed murder in the 1890s and did not hang. List some reasons why they did not hang.