C1900–present: Crime and punishment in modern Britain - 3 Case studies ●…

The idea

The 1952 Derek Bentley case was a watershed moment in the campaign to abolish the death penalty. Bentley, a 19-year-old with a low mental age, was hanged for the murder of a policeman, despite not firing the fatal shot. His accomplice, Christopher Craig, who fired the gun, was too young to be executed. Bentley's conviction hinged on the ambiguous phrase 'Let him have it, Chris', interpreted as an incitement to shoot. The perceived injustice of executing a vulnerable individual who did not pull the trigger caused massive public outcry. This case highlighted the rigid and unfair nature of capital punishment, significantly shifting public and parliamentary opinion. It became a crucial catalyst for the Homicide Act of 1957 and the eventual abolition of the death penalty for murder in 1965.

What earns the marks

• Detail the facts of the Derek Bentley case, including the roles of Bentley and Craig.
• Explain the significance of Bentley's mental age and the phrase 'Let him have it'.
• Analyse the public reaction to Bentley's execution and the perceived miscarriage of justice.
• Connect the Bentley case to subsequent legal changes, such as the 1957 Homicide Act and the 1965 abolition of the death penalty.

Common mistakes and how to put them right

• Stating that Derek Bentley shot the police officer.

  Put it right: Clarify that Christopher Craig fired the fatal shot, while Bentley was convicted under the law of joint enterprise.

• Claiming the Bentley case immediately ended the death penalty.

  Put it right: Explain that it contributed to a gradual shift in opinion, leading to the 1957 Homicide Act and abolition in 1965.

• Ignoring Bentley's mental capacity.

  Put it right: Emphasise that Bentley's low mental age was a key factor in the public sympathy and outrage surrounding his execution.

Exam tips

• Use the phrase 'joint enterprise' to explain how Bentley was held legally responsible for the murder committed by Craig.
• Discuss the role of the media and public petitions in highlighting the injustice of the case.
• Link this case to other controversial executions, like Timothy Evans and Ruth Ellis, to show a broader pattern of changing attitudes.