Sherry-Ann McGregor, Contributor

Mcgregor

When we weigh in on the death-penalty debate, it is important that we do so from well-informed positions. Do we really know what the Jamaican Constitution says about hanging? Do we know what the Constitution says about the steps which ought to be taken to change our laws in relation to hanging?

What is the law?

Section 14 of the Constitution imposes the death penalty by using the following words: "No person shall intentionally be deprived of his life save in execution of the sentence of a court in respect of a criminal offence of which he has been convicted."

This means that, while the right to life in respect of both sexes is recognised, that right is qualified to the extent that a duly convicted person may be executed by the state. You will also note that it does not state that a convicted person is to be hanged.

Our country's history shows that the preferred method of executing slaves was by hanging. This tradition has remained with us since Independence in 1962, in that all executions carried out in accordance with the Constitution have been done by hanging.

A little-known fact is that we have a tradition against the hanging of women. Women who have been convicted of the crime of murder have had their sentences commuted to life imprisonment. According to the Inter-American Commission on Women (CIM) 2002 Report, the last hanging of a woman took place in Jamaica in the 1800s.

Removing the death penalty

According to Section 49 of the Constitution, any provision of the Constitution may be amended by an act of Parliament passed by both Houses. However, if Section 14 is to be amended, a bill must first be introduced in the House and three months must pass before it is first debated; three months must then pass between the first debate and the passing of the bill.

For all persons who may be of the mistaken belief that a conscience vote will be adequate to change the Constitution, there is no provision for it. Moreover, for the bill to take effect as an act of Parliament which alters Section 14 of the Constitution, at least two-thirds of all members of the House must vote in favour of it.

Whether we support hanging and believe that, as long as the Constitution provides for it, it should be done, or we believe that hanging people when we have no faith in our justice system is no panacea for crime, the question which remains hanging is, how do we take our country back from the criminals?

Sherry-Ann McGregor is a partner and mediator with the firm Nunes, Scholefield, DeLeon & Co. Send feedback and questions to lawsofeve@yahoo.com or Lifestyle@gleanerjm.com.