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Report No. 35

Appendix XVI

Table Analysing Effect of Non-Restoration-

(Abolition Countries)

Country

Figures before abolition

Figures after abolition

Remarks

Belgium (in abeyance since 1863). 5.8 (Annual average of death sentences for 1831-1835) 7.2 (Annual average of death sentences for 1866-70)

Inconclusive It should be added that the figures are of convictions and sentences, and not of reported murders.

7.8 (ditto for 1871-75)
Figures of homicides known to police, or deaths reported as due to homicide not available). 6.2 (ditto 1836-70) 8.0 (ditto for 1881-85)
9.6 (ditto for 1841-45)
9.4 (ditto for 1886-90)
16.0 (ditto for 1848-53)
7.2 (ditto for 1898-1902)
12.6 (ditto for 1856-60)
7.6 (ditto for 1861-65)
Denmark (in abeyance since 1892, abolished 1933) 20 (Average annual number of convictions for homicide from 1866-1870). 8.6 (Average annual number of convictions for homicide for (1901-05). The figures are of convictions, and not of reported murders Inconclusive.
15.6 (ditto for 1871-75). 8 (ditto for 1906-10).
(Figures for a few later years not available). 10.2 (ditto for 1911-15).
8 (ditto for 1916-20).
7.6 (ditto for 1921-25).
Italy (in abeyance since 1876; abolished 1890; Restored 1931; Abolished again, 1944). 142 (per million for 1881-85)
(i. e. average annual number of intentional homicides for the period).
112 (per million for 1891-1895)
(i.e. average annual number of intentional homicides for the period).
It may be added, that after restoration in 1931, the rate per million was 47 for the period 1931-35. This shows a decline after restoration, but it is said that as a matter of fact there is continuous decline in the homicide rate for Italy. May be regarded as inconclusive.
Queensland (Australia) (in abeyance since 1911, abolished 1922, not restored). 23 (murders known to police per million, 1905) 19 (Murders known to police per million, 1912).

Inconclusive

37 (ditto 1906). 23 (ditto 1913) After abeyance in 1911, there was no steady increase; after abolition in 1922 there was slight increase (e.g., see figures for 1925), but later there was decrease.
35 (ditto 1907). 16 (ditto 1914).
20 (ditto 1908). 16 (ditto 1915).
14 (ditto 1909). 24 (ditto 1916)
18 (ditto 1910). 20 (ditto 1917).
30 (ditto 1911). (In abeyance). 14 (ditto 1918).
20 (ditto 1919)
15 (ditto 1920).
21 (ditto 1921).
18 (ditto 1922).
17 (ditto 1912).
13 (ditto 1924).
22 (ditto 1925).
16 (ditto 1926).
23 (ditto 1927).
11 (ditto 1928).
14 (ditto 1929).
10 (ditto 1930).
13 (ditto 1931).
9 (ditto 1932).
The Netherlands (last execution in 1860; Abolished 1870) 32 (Number of certain crimes punishable with deat.-
i.e. murders, attempted murders etc., committed during 1850-1869).
53 (number of certain crimes punishable with death-
i.e. murders, attempted murders etc. committed during 1860-1869).

Inconclusive

33 (ditto for 1871-1880).
53 (ditto for 1881-1890).
New Zealand See Note below.

Note.-In New Zealand, after abolition in 1941 and restoration in 1950, death sentence was abolished in 1961 (except for treason)*.

Norway (No execution since 1875, abolished 1905). 2.8 (Annual average number of convictions for murder-(1859 1868). 2.4 (Annual average number of convictions for murder for 1879-1888). Deterrent effect not proved.
Sweden (In abeyance since 1910. Abolished 1921; rarely used since 1865). 12.4 (Annual average number of deaths due to murder, etc. per million, for 1846 to 1860). 9.0 (Annual average number of deaths due to homicide etc. per million for 1878 to 1898). Deterrent effect not proved.
11.2.-ditto- for 1861-1877). 9.6.-ditto-for 1899-1904).
9.1.-ditto- for 1905-1909).
7.8.-ditto- for 1910-1914).
6.5 (Annual average deaths due to homicide, etc. per million for 1915-19).
5.1.-ditto- for 1920-1924).
Switzerland (Abolished by the Federal Constitution of 1874, but in 1879, the Cantons were permitted to reintroduce it. Finally, abolished throughout Switzerland in 1942, when the Penal Code of 1939 came into effect). Adequate figures not available. But the immediate result of abolition was a considerable increase and the increase was much more pronounced in the Cantons which subsequently restore capital punishment than in those which did not. To some extent proves the deterrent effect.
Scotland (No executions took place between 1928 and 1945. 2.3 (Average of murders known to police for the period 1928 to 1944). 5 (Murders known to the police for 1946). The execution which took place in 1946 is said to have deterrent effect for later years. But, as against this, it is stated that the decrease in murders after 1945 followed a decrease in the number of crimes of violence generally, which began before any execution had taken place. The figures may be regarded as inconclusive.
The figures are for Glasgow only). 2.-ditto- for 1947)
11 (Murders known to the police for 1945). 2.-ditto- for 1948)

1. Figures taken from R.C. Report, p. 353, Table 39, Third Column.

2. In Belgium, after 1863, death sentences were imposed by the Courts but were not actually carried out. Cf. R.C. Report p. 346.

3. Figures taken from R.C. Report, p. 354, Table 2, Second Column.

4. Figures taken from R.C. Report, p. 355, para. 60, and Table 32, First and Sixth Columns.<

5. Cf. R.C. Report, p. 356, para. 61 citing the comments of Professor Selin.

6. Figures taken from R.C. Report, p. 344, Table 15, Fourth Column.

7. Figures taken from R.C. Report, p. 357, Table 34.

8. See R.C. Report, p. 356. para. 62.

* See Crimes Act, 1961 (New Zealand), section 74 and 172.

9. See R.C. Report, p. 357, Table 35.

10. See R.C. Report, p. 358, para. 65 and p. 359, Table 36, column 3.

11. Figures taken from R.C. Report, pp. 360-361, para. 70-73, particularly para. 71.

12. See R.C. Report, p. 360.

13. See R.C. Report, pp. 362-363, paras. 77 78 and Table 41(a).

14. The dates of abolition, restoration or last execution for countries in Europe and the Commonwealth are taken from R.C. Report, p. 340, Table 12, and p. 360.



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