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their lives, but that of those of the kind now executed some would be detained probably for up to 20 years, and a smaller number of the type of Heath, Haigh and Christie would have to be detained for the rest of their lives, or at any rate until they were sufficiently old for there to be no risk in freeing them.
21. At present reprieved murderers are detained for about nine years if there are no special features in their case. Since 1907 no life sentence prisoner has served more than 20 years, and only 10 have served so long. Of those released since the last war only 1 has served so long as 15 years. Of those now in prison only 2 have served more than 10 years; 1 has served 11 years and one 18 years. The latter, now 64, was recently described as "crushed and broken under the burden of his sentence. . . morose, dispirited-a man without hope.'
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22. If capital punishment were abolished prisoners of the type now executed would have to serve substantially longer terms than 9 years, and judging from the practice of countries which have abolished capital punishment it is likely that most of them would have to be detained for periods of 15 to 20 years. The Royal Commission agreed with the Prison Commissioners that the risk of deterioration, in the sense that it would be impossible for the prisoner to resume life outside, was not such as to preclude "an occasional prisoner serving a term of 15 to 20 years," though they thought that the lesser deterioration known as institutionalisation would have to be accepted (paragraph 656).
23. Neither the Royal Commission, nor the Prison Commissioners in giving evidence to them, had to consider the problems that would arise if capital punishment were completely abolished, in that there would then be a number of prisoners who would have to be detained for the rest of their lives, or at any rate until they were so enfeebled as no longer to present a risk. A scrutiny has been made of the cases of the 86 murderers who were executed during the five-year period 1949-53, and a tentative conclusion is that if there had been no capital punishment about 60 of them could probably have been released after serving terms of up to 20 years; that about 10 would probably have had to be detained for the rest of their lives or until they were so aged as to present no risk, and that the remainder might have fallen in either of the above categories, depending on their development while in prison. It is of interest that of those who could probably have been released after terms of up to 20 years, some 25 would have been aged 45 or under on release even if they had served the full 20 years. It appears from these necessarily tentative figures that if capital punishment were abolished there would probably be a substantial number of prisoners who would have to be kept for life, and kept in close confinement because of the danger that they would commit further offences if they escaped. The problems presented by deterioration would be severe in these cases, but it is doubtful if the inhumanity of keeping men of this type in detention would weigh with those who consider hanging a greater inhumanity. The problem of the management of a substantial number of prisoners serving very long sentences in close confinement would be novel and would have to be solved on novel lines.
24. It is unlikely that there would be any appreciable risk to the public in releasing, after a long period of detention, reprieved murderers in the class for which perpetual detention was not considered necessary. There is only one instance in recent times of a reprieved murderer (Rowlands) committing a further murder after release; he was released during the war.
PUBLIC OPINION
25. So far as particular murders are concerned public opinion is inclined to sympathise with the victim and his relatives up to conviction, and with the murderer thereafter; though much depends on the particular case. So far as the principle of capital punishment is concerned, it is difficult to say what the state of public opinion is. In 1947 a Gallup Poll showed 69 per cent. in favour of the death penalty, 25 per cent. against and 6 per cent. undecided. Another poll two years later produced almost identical results. A similar poll in October 1953, just after the Christie and Merrifield cases, showed 73 per cent. in favour of the death penalty, 15 per cent. against and 12 per cent. undecided. A further poll in July 1955, shortly after the execution of Ruth Ellis, showed 50 per cent. in favour of the death penalty, 37 per cent. against and 13 per cent. undecided. It is likely that so long as capital punishment is maintained it will be chieflyage abbinfonists
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