‘A matter of life and death: The victorian executive and the decision to execute 1842–1967’ *

Abstract

Traditional arguments against capital punishment are based on an analysis of its efficacy (eg lack of deterrence effect) and on its moral justification (eg state-sanctioned killing). This historical study of the death penalty during the entire period of its use in Victoria looks at a third dimension: the evaluation of capital punishment as a sentencing option. The data demonstrates that the death ‘sentence’ involved a complex decision-making process in which the traditional roles of judge, jury and government were distorted and even obliterated. The resulting sentencing practices departed significantly from accepted standards of legal fairness and justice.