Social Studies activity - the death penalty

It's a matter of opinion: A Level 5 Social Studies activity

'This Week in History' for 18 February (see Calendar) relates to the execution of Walter Bolton, the last person to be executed in New Zealand. Bolton was hanged in 1957 for the murder of his wife Beatrice. The death penalty for murder was abolished in New Zealand in 1961.

This event provides teachers with an ideal opportunity in social studies to examine the issue of capital punishment and in particular its place in New Zealand society. This could be a 'one-off' activity/lesson or part of a wider study of human rights. Some context and suggested teaching activities have been provided to support this and it also models one way that 'This Week in History' from The Classroom can be used.

In the aftermath of the high profile execution in Singapore in December 2005 of Nguyen Tuong Van, a young Australian convicted of drug trafficking, the question of the death penalty was debated in many living rooms and workplaces across New Zealand. In a TV poll run on TVOne's Close Up show, viewers were asked to respond to the following question:

Do you support the reintroduction of the death penalty (capital punishment) in New Zealand?

9685 viewers responded, with the overwhelming majority — 7063 —answering 'yes' with 2622 saying 'no'.

In times of perceived increases in crime or when there has been a particularly high profile murder, the debate about tougher punishment comes up. Some people believe tougher punishments will deter people from committing crime. The ultimate in tougher penalties is the death penalty.

Capital punishment around the world

The death penalty as a punishment has in recent times been abolished in many countries. Around 124 countries have abolished the death penalty in law or practice. Some nations still execute people: China, Iran, the United States, and Viet Nam accounted for 97% of the executions recorded by Amnesty International in 2004. In some cases the death penalty is used to silence political opponents of the government.

Between 1976 and 2005, 1004 people were executed in the United States and over 3000 prisoners were awaiting execution on what is known as 'Death Row'. In China in 2001 alone, a government crackdown on crime executed at least 1781 people in about four months.

The last execution in New Zealand

Walter Bolton's execution in 1957 highlighted some of the concerns that are often raised about the death penalty. Some people believe that killing on behalf of the state is in effect legalized murder and believe that it is morally wrong to take another human's life in this way. Some people oppose capital punishment on religious grounds, while others see it as too final - mistakes are tragic.

Bolton's farm was tested and found to contain arsenic and traces of arsenic were also found in small doses in her tea. The quantity consumed over the best part of a year was enough to kill. Bolton admitted to having had an affair with his wife's sister; this was considered motive enough for the murder.

Water on the Bolton's farm was tested and found to contain arsenic, and traces of arsenic were also found in Walter and one of his daughters. The defence argued that sheep dip had inadvertently got into the farm's water supply but the jury remained unconvinced.

Many years later a newspaper story alleged that Bolton's execution had gone horribly wrong. Rather than having his neck broken the instant the trapdoor opened, he slowly strangled to death. This highlighted what opponents of the death penalty had often maintained: that executions were cruel and inhumane. When the death penalty was abolished in 1961, some argued it was due partly to the circumstances surrounding Bolton's case.

There is, of course, no turning back after an execution if it is subsequently proven that a person was innocent of the crime — and there are some who still claim that Bolton was an innocent man. What if an innocent man had been so cruelly killed on behalf of the people of New Zealand?

The death penalty in New Zealand

The first execution in New Zealand was that of a Maori named Maketu, convicted at Auckland in 1842. Before 1862 executions were in public but after then were carried out within prison walls. The method of execution has always been hanging. Only one woman has been hanged in New Zealand and that was Minnie Dean - the Winton Baby Farmer - who was executed at Invercargill in August 1895. In total there were 84 verified executions for murder and one for treason in New Zealand between 1840 and 1957.

The Labour Party had opposed capital punishment and after it took office in 1935 it commuted all death sentences to life in prison. This policy was confirmed by the abolition of the death penalty for murder in 1941. The National government restored it in 1950, and from 1951 to 1957 there were 18 convictions for murder and eight executions. Labour returned to office after Bolton's execution in 1957 and the following year made the penalty inoperative.

With the matter seemingly being decided on the whim of the party in office, the matter was put to a conscience vote in 1961. MPs were not forced to vote according to party policy: 10 members of the National government voted with the opposition and capital punishment was removed from the statute book except for treason.

Some suggested activities

In examining what is a highly controversial and potentially emotional topic it is important to establish some boundaries and ground rules for discussion so that the views of students are respected. The topic may present some students with an opportunity to try and shock others so you may need to remind students of the need to approach the work in a sensible manner.

Divide the class into groups of four and ask each group to draw up a list of three arguments for and three arguments against the use of the death penalty for murder.
As a whole class compile a list of the arguments that each group came up with. As a wider discussion you might want to consider things like the most common arguments.
Ask your students why they believe some people favour/support the reintroduction of the death penalty as a punishment.
You could now use this discussion to hold your own class poll on the matter. You may wish to conduct the poll in a way where responses are anonymous. Ask the same question as that asked by TV One: Do you support the reintroduction of the death penalty (capital punishment) in New Zealand? It could be interesting not to reveal the results of the TV poll until after you have published the class results to ensure your students are not unduly influenced. You could publish your class results in some way, perhaps as a graph.
Individual responses: students can write their own views on the matter either as a piece of personal writing, as a letter to the editor or as a letter to a politician. You may wish to give students an opportunity to read some of their response to the class.
Static images: opposition to the death penalty has taken many forms and has involved personal protest and statements as well as opposition on an organised scale. Get your class to design posters that might be the type used by an organisation to oppose the death penalty and its possible re-introduction.