Passing of the death sentence

[Granger]

Sorry if this question is the wrong place.

Before the death sentence was given in the British courts. the question was put by the judge, as to whether the defendant has anything to say as to why the sentence should not be carried out.

Does any member know as if anyone found guilty, has given such a reply, that the sentence was reduced to a custodial one?

It always seemed to me to be a rather an unnecessary question.

[Robert]

Hi Granger

From the old films, I seem to remember it was "Have you anything to say before sentence is passed?" at which point those who had pleaded guilty could profess remorse, while those maintaining their innocence would have to think of something else to say. Whether the Judges ever said that a defendant's words had moved them to give a custodial sentence when they'd planned to issue a death sentence, or vice versa, I don't know.

[sdreid]

In the film The Man From the Pru, W.H. Wallace says, "I'm not guilty", when asked that question if I'm not mistaken.

Before the mid 1950s, did the judge have much option but to pronounce a death sentence when the crime was murder? I do know that sometimes that condemning was later commuted to imprisonment.

[Robert]

Hi Stan

I am only going by films (very inadequate) but the judge is always shown putting the cap on right after the verdict. Nowadays one often hears the phrase, in connection with all sorts of crimes, "sentencing was adjourned pending psychiatric reports" or somesuch, but to go from the movies, the judges never needed these reports in days gone by.

[apricot]

I may have this wrong, but I believe only female defendents were asked if there was any reason as to why the sentence of death shouldn't be passed and that was in order that they might "plead their belly" meaning, of course that they were pregnant.

Male defendents were asked if they had anything to say, not that it made any difference at all because as said the only sentence that could be passed for murder at the time was death. ( Though more often than not, commuted to life in prisonment,)

[Graham]

Judge: "Have you anything to say why a sentence of death should not be passed upon you?"

Defendant: "Would saying 'I'm sorry' be any good?"

Judge (after a moment's consideration): "Yeah, OK. Point taken. You're a nice bloke, really, and I quite like your shirt. Case dismissed. Off you go".

You mean like that?

G

[Robert]

JUDGE : Have you anything to say why sentence of death should not be passed?

DEFENDANT : Yes, m'lud. Take a look in the mirror. A black cap with a cream wig and red hair? Gross!

JUDGE : He's right, you know - it wouldn't suit me at all. OK, loves, I'm sending this man to prison instead.

[Graham]

Judge: before I pass the only sentence I can pass upon you, that of death, I should like to know why you shot your wife with a crossbow.

Defendent: I didn't want to wake the neighbours, m'lud.

Judge: most commendable. Case dismissed.

[Robert]

JUDGE : I shall now pass sentence. Having considered the submissions of your counsel, your childhood experiences, the fact that you were provoked, your plea of guilty, your noble bearing before this court, your suave and likeable manner, and having assessed these factors most carefully, giving due weight to each, both separately and in combination with each other, and having considered all the precedents, and having due regard to your age, and, to sum up, having taken account of all matters pertaining to your sentence, I have decided, after lengthy cogitation, to incarcerate you for the remainder of your days.

DEFENDANT : I protest : that sentence is far too long.

JUDGE : I'm giving you life.

DEFENDANT : Fair enough.