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| Rayner Goddard (1877–1971) |
QUOTE 1: “If our criminal law
is to be respected, the public conscience has to be satisfied, and it will not
be satisfied if gross violence, and sometimes bestial crime, is not punished in
a way that will satisfy the public. There are old people who go trembling to
their doors at night.”
QUOTE 2: “They
are sentenced because it is society’s method of showing that if that conduct or
those acts are persisted in certain consequences which must be unpleasant and
must be punitive will result. I have never yet understood how you can make the
criminal law a deterrent unless it is also punitive. The two things seem to me
to follow one on the other.” [Speech in the House of Lords, 28 April 1948]
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| Rayner Goddard (1877–1971) |
QUOTE 3: “There
is one other consideration which I believe should never be overlooked. If the
criminal law of this country is to be respected, it must be in accordance with
public opinion, and public opinion must support it. That goes very nearly to
the root of this question of capital punishment. I cannot believe or the public
opinion (or would I rather call it the public conscience) of this country will
tolerate that persons who deliberately condemn others to painful and, it may
be, lingering deaths should be allow to live…” [Speech in the House of Lords,
28 April 1948]
QUOTE 4: “I know
that in uttering this sentiment I shall not have the sympathies of everyone
but, in my humble opinion, I believe that there are many, many cases where the
murderer should be destroyed.” [Speech in the House of Lords, 28 April 1948]
QUOTE 5: “The
supreme crime should carry the supreme penalty.” [Speech in the House of Lords,
10 July 1956]
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Rayner Goddard (1877–1971) (PHOTO SOURCE: http://www.bbc.co.uk/arts/yourpaintings/paintings/rayner-baron-goddard-18771971-lord-chief-justice-223771)
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QUOTE 6: “My
sentiments are more in favour of the victim than they are of the murderer.
There is a tendency nowadays when any matter of criminal law is discussed to
think far more of the criminal than his victim.” [Speech in the House of Lords,
10 July 1956]
QUOTE 7: “Is this
the time to remove what rightly or wrongly the police and prison service
believe to be their main protection against attack? We have to remember that
our police are armed with a short baton, the only weapon they have against
these gunmen and other people who do not hesitate to shoot and take the lives
of policemen. If this (Death Penalty Abolition) bill passes I am sure it will
encourage resignation from the police forces and make recruitment more
difficult.” [Speech in the House of Lords, 10 July 1956]
QUOTE 8: Lord Goddard
recalled a brutal assault on a wife in which the accused said, “If it was not that I would swing for you, I would do you
in.”
He went on, “That is
the sort of thing the death penalty prevents. I do not want to joke in this
matter, but would be the effect on such people if they knew that they would be
sent to a sanatorium or some other comfortable place if they committed murder?”
[Speech in the House of Lords, 10 July 1956]
QUOTE 9: “I
believe the fear of the rope, as it is generally called among certain classes,
is a very great deterrent.” [Speech in the House of Lords, 10 July 1956]
QUOTE 10: “If this
bill passed, judges will not be able to give any greater punishment for
deliberate murder than they can give now for burglary, for breaking into a
church (sacrilege), or for forging a will.” [Speech in the House of Lords,
10 July 1956]
QUOTE 11: The Lord Chief
Justice recalled the case when a bandit caught after a chase in London fired
low at a young constable. “He fired low because he knew
what the consequences would be if he murdered the policeman. When he was
arrested his first question was, ‘Is the copper dead?’ That is what he was
afraid of…These instances make me say with all the earnestness I can command:
do not gamble with the lives of the police.” [Speech in the House of Lords, 10 July 1956]
QUOTE 12: “Are these people to be
kept alive?” [Speech in the House of
Lords, 10 July 1956]
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| Rayner Goddard (1877–1971) |
QUOTE 13: “I should shrink from the
very idea of saying that the sentence of murder should be life imprisonment in
the full sense.” [Speech in the House of Lords, 10 July 1956]
QUOTE 14: “Your lordships can be
assured that the only people hung are those guilty of cruel, deliberate murder
without mitigation…I put my views strongly because from experience, one gets to
feel strong views in these matters and should not be afraid to express them. When
a man deliberately murders another he is committing the supreme crime, and
should pay the supreme penalty.” [Speech in the House of Lords, 10 July 1956]
AUTHOR: Rayner Goddard, Baron Goddard (10 April 1877
- 29 May 1971) was Lord Chief Justice of England and Wales from 1946 to 1958
and known for his strict sentencing and conservative views. He was nicknamed
the 'Tiger' and "Justice-in-a-jiffy" for his no-nonsense manner. He
once dismissed six appeals in one hour in 1957.
In 1948 backbench pressure in the House of
Commons forced through an amendment to the Criminal Justice Bill to the effect
that capital punishment should be suspended for five years and all death
sentences automatically commuted to life imprisonment. The Bill also sought to
abolish judicial corporal punishment in both its then forms, the
cat-o'-nine-tails and the birch. Goddard attacked the Bill in the House of
Lords, making his maiden speech, saying he agreed with the abolition of, the
"cat", but not birching, which he regarded as an effective punishment
for young offenders. He also disagreed with the automatic commutation of death
sentences, believing that it was contrary to the Bill of Rights.
In a debate, he once referred to a case he
had tried of an agricultural labourer who had assaulted a jeweller; Goddard
gave him a short two months' imprisonment and twelve strokes of the birch
because "I was not then depriving the country of the services of a good
agricultural labourer over the harvest". The suspension of capital
punishment was reversed by 181 to 28, and a further amendment to retain the
birch was also passed (though the Lords were later forced to give way on this
issue). As the crime rate continued to rise, Goddard became convinced that the
Criminal Justice Act 1948 was responsible as it was a 'Gangster's Charter'. He
held a strong belief that punishment had to be punitive in order to be
effective, a view also shared at the time by Lord Denning.
After retiring as Lord Chief Justice, Goddard
continued to intervene occasionally in Lords debates and public speeches to put
forward his views in favour of judicial corporal punishment. On 12 December
1960 he said in the House of Lords that the law was too much biased in favour
of the criminal, as he was to assert to David Yallop nearly ten years later.
Goddard also expressed his opposition to the legalisation of homosexual acts on
24 May 1965. His last-ever speech in the House of Lords was in April 1968 at
the age of 91, praising the City of London's law courts.
However, despite stating his opposition to
Bentley's execution, Goddard still expressed his strong support for the death
penalty and asserted that the law was biased in favour of the criminal, as he
did almost ten years before.
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