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Felicity A Morse

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What Shall We Do About Ian Brady?

Posted: 25/08/2012 00:00

"Kill Ian Brady" read one comment underneath an article about the Moors Murderer last week.

"Bring back the death penalty," wrote another.

One reader countered: "Don't let him die, that's what he wants," while another typed: "just knowing that he wants to die and is kept alive makes me happy."

Brady has been force-fed since going on hunger strike more than 10 years ago, a decision that has divided Britain.

Incarcerated in Ashworth hospital he is considered mentally ill and is kept alive by a tube passed through his mouth and into his stomach.

ian brady
Ian Brady and Myra Hindley are frozen in time for many as few pictures of the murderers have been released since they were sentenced in 1966.

Using taxpayers' money to keep Brady alive may sound repellent, but for a killer whose fetish is control, force-feeding is anathema to him.

"I have to fight simply to die. I have had enough. I want nothing, my objective is to die and release myself from this once and for all. I'm eager to leave this cesspit in a coffin," he wrote in a letter sent to the BBC in December 1999.

A mental health tribunal for Brady was scheduled in July but having suffered a seizure just days before, he was too ill to attend. If he had been sent to prison, he would have been able to starve himself to death.

"Good," insist the masses. "His victims didn't get to choose, why should he?"

"If he wants to die, he should live. If he wants to live he should die."

It's easy to argue that. But it's not right.

Arguments to 'bring back the death penalty' and 'not give Brady what he wants' are flawed by their motivation. Hanging a noose round Brady's neck or shoving a tube into Brady's stomach just because we're angry isn't good enough. Emotion should never be given a place in law.

Punishment is not revenge and a prison sentence can't be couched in such simplistic terms. After all, one of the major purposes of prison is surely to protect society, and revenge is one of the most destructive forces there is.

Killers like Brady challenge our conception of criminal law. It's purpose is to protect life, not end it.

A similar agitation was being waged across Norway as Anders Breivik stood trial. Sentenced to 21 years in jail, with a minimum of ten years, the sentence can be extended if he is judged to be a threat to society.

Breivik is expected to see out the rest of his days at the high security but humanitarian Ila Prison, in conditions which many Norwegians may feel is unfair.

However Ellen Bjercke, senior adviser at Illa Prison, said before the verdict: "I think the loss of liberty is the major punishment regardless of what sort of conditions you have lost your liberty under."

It's an emotive debate. Earlier in the trial a lay judge was dismissed after writing on Facebook that the "Death penalty was the only fair outcome"

Brady and Hindley narrowly escaped the being sentenced to death for their horrific crimes. Between their arrest in 1965 and trial in 1966 the death penalty was abolished.

I can't imagine how it feels to know your child's murderer is living and breathing whilst your loved one's life has been taken away. That Brady continues to live achieves one thing. We still remember.

United through revulsion, his crimes reinstate our desire to protect society's weak and remember the children who will never grow up.

winnie johnson

Winnie Johnson, mother of Keith Bennett, weeps as she is shown footage of where her son may have been buried on Saddleworth Moor.

The outpouring of emotion for Winnie Johnson, who died earlier this week having never found the body of her son Keith Bennett who was killed by Brady was remarkable in many ways.

It was more than just sympathy, it was empathy. Across social media, messages were focussed the love of a mother for her son, rather than using her death as a reason to channel anger at Brady.

Ian Brady is a sad old man in prison. Let him not poison our society, but rather focus on protecting what we hold dear - life.

winnie johnson

Winnie Johnson died after losing her battle with cancer

 
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HUFFPOST SUPER USER
Lord Justice Wolf
09:16 AM on 08/27/2012
Emotion should never be given a place in law?? Actually I don't agree! The death penalty can provide two things? One, deterrent...? Will it stop all murders, no of course not but it would make a person think. Two, releif, ? Relief for the family who have lost a loved one, relief to the state and the tax payer. Let the law do its job in deciding the guilt of a defendant but once this is established then give the punishment decision to the bereaved? Example, person murders child for sexual gratification! Arrested and found guilty by pleading guilty! Sentence...? Choice of life in prison, acquittal with therapy, lethal injection, electric chair, public vote.. Let the bereaved make that choice, or if there are no bereaved or the bereaved can vote for public phone in vote and let the public vote? No family to make a decision then put it to a public vote on a phone in basis!
07:07 PM on 09/15/2012
Acquittal With Therapy For Somebody Like A Psychopathic Sexual Sadist,And Others Who Clearly Cannot Be "Helped",And That's Proven By The Worlds Leading Authorities.I Think The Problem Is With People Like Yourselves,You Don't Live In The Real World.Yes Your Given Guidelines But You Can Personally Go Above These If You Feel The Case Warrants It.The Death Penalty As Much As Some Cases Can Have Me In Tears,Thinking Just Get Rid Of Them.In The U.S It Is Not A Detterent,As Years Have Shown,These People Don't Think Like Most.However I Feel That After The Police,And CPS Do All Their Hard Work,Only To Have People Wearing Wigs! Sitting There,Handing Down Pathetic Sentences.LIFE WITHOUT PAROLE,AND LIFE MEANS LIFE,Would Mean Yes The Offender May Still Be Alive,But If Stuck In A Cell For 23 Hours A Day,May Reassure Victims And Their Families,As Well As The Wider Community A Better Sense Of Safety.
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HUFFPOST SUPER USER
loulou11
03:18 AM on 08/27/2012
Let him rot in jail, don't allow him to use the media. We can't kill him so its no use debating it.

The best thing would be to ban all news coverage. He courts the press like a celebrity and its pitiful really that he should be able to rear his head when it suits him. Banish him to history.

Let us know when he's dead, then and only then, if you want to drag all his horrific crimes backup, you can do so and it'll be without giving him the attention he craves.
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HUFFPOST SUPER USER
Tigerbob
10:01 PM on 08/25/2012
Waterboard him until he reveals all the locations of his victims. He has no rights now.
07:07 PM on 08/25/2012
the best and most brilliantly written article on this issue and very moving. A sensitive tribute to brave Winnie. Well done Felicity, can't wait to read more from this young lady.
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HUFFPOST SUPER USER
Daria Magor-Edwards
“Ei incumbit probatio qui dicit, non qui negatâ€
09:33 PM on 08/25/2012
Indeed. A well written and balanced article.
Unfortunately there seems to be a hard core of people who will not consider the merits of not remaining entrenched in the hang 'em high mindset or the opinion of any who do not agree with them.
07:04 PM on 08/25/2012
I think most people reading and commenting on this article have never heard the tape recordings made by this evil pair, of the childeren they tourtured, but then again perhaps these same people don't believe in evil.
03:15 PM on 08/26/2012
'Evil', like, the devil? Hell? Or evil, unethical, morally abhorrent?
10:15 PM on 08/26/2012
You choose!
07:10 PM on 09/15/2012
But Killing These Offenders,Will Not Stop Other People Offending.
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HUFFPOST SUPER USER
Edgar H
Keep the Press free!
05:48 PM on 08/25/2012
The Criminal Justice system was never brought in to provide a form of redress for the masses who suffer at the hands of the felon. Rather it was and is designed to keep the majority of people in line using a system of deterrents.

The idea that the death penalty will be re-introduced is based on a false premises, the masses actually have little or no say in their lives and how the system is structured.

People should get used to the fact that no matter how much they jump and shout, nothing will alter unless the ruling classes desire change. However, every now and then you get a chance to vent steam and keep the 'status quo' intact.
08:51 PM on 08/25/2012
That's true. It isn't the case that emotion has no place in the law, but that the law reflects the interests and emotions of those who write it. Transitory emotions have no place because they take no account of consequences. The principle argument against re-introducing the death penalty is it that is makes us less safe. If the US murder rate was 20x lower than ours instead of 20x higher, we would have it. But very often the insistence that there is no place in the law for emotion is merely code for lack of empathy for those the law leaves unprotected.
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HUFFPOST SUPER USER
Edgar H
Keep the Press free!
11:31 AM on 08/26/2012
1. Every time the death penalty is discussed, comparisons are drawn between the UK and USA. This is a failed model as we do not have the same gun culture. Perhaps a comparison between our muder rates and Germany or Australia would be better models. 2. Studies would need to be done to ascertained if an armed police reduced murder or increased it or how those countries disposed of murder  (manslaughter,infantcide etc). 3. As for whether we would be less or more safe, you would need to statistically look at  population variables,improved forensic, medical expertise and a range of other factors. The question remains are there more or less homicides today than in prior years.4. Murder is but one form of killing, not the only one, manslaughter is cheaper to prosecute.
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HUFFPOST SUPER USER
Edgar H
Keep the Press free!
09:07 PM on 08/26/2012
What you or I think doesn't matter and is of no consequence to those who wield power in our name.
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HUFFPOST SUPER USER
treborc
once Labour now none voter...
04:17 PM on 08/25/2012
He wants to die let him die then, the bloke is a piece of garage anyway, he should be helped starve himself.
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HUFFPOST SUPER USER
Daria Magor-Edwards
“Ei incumbit probatio qui dicit, non qui negatâ€
10:09 PM on 08/25/2012
That's what he wants the state to do. By doing what you propose gives Brady the control he craves which being incarcerated deprives him of.
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HUFFPOST SUPER USER
treborc
once Labour now none voter...
09:31 PM on 08/26/2012
And then we allow him to do this, he does not want to die, to die would remove his power, he states he's on hunger strike to get the media attention, the letter he is supposed to have written this sick women from my village in Wales. Once he's dead and gone we have no more interest in his sick body or mind.
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Valksy
civis mundi sum
04:00 PM on 08/25/2012
Not a lawyer, but I suspect that i's as simple as this - If we give him the right to die, then we accept that he is now medically competent to choose for himself and if that path is taken his prisoner status is altered and he could potentially come subject to parole attempts and the legal carnival, possibly up to the European Court, that would entail.

By denying him the power to refuse food, by asserting guardianship and making medical choices for him against his will, the control over him is solidified as a permanent hold in a psychiatric unit.

You cannot have it both ways - either he is insane or he is not. Him being insane makes him easier to control and hold but obliges medical intervention.
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HUFFPOST SUPER USER
Roy Fowler
I try....I really do!
03:32 PM on 08/25/2012
"Killers like Brady challenge our conception of criminal law. It's purpose is to protect life, not end it."

I find your basic premise totally flawed.

Crimal Law is created to punish those who break our laws and to protect the vast majority from those who choose to break our laws.

If you leave your your house with a knife or gun and enter our towns and cities; your ONLY reason for you carrying these must be to harm or hurt someone, yes? Therefore, if i had a say in it, if you were caught with either, i would charge you with intent to kill and a minimum 5 year sentence. How many would still choose to carry them with five years in jail awaiting them?

So, if you choose to systematically murder children, torturing them as you go, then you have become a threat that cannot and should not remain part of society. You die.

The protection of the people and the "correct" level of punishment for those who choose to break the laws we all live by are the only two things i want from our criminal law system.
02:56 PM on 08/26/2012
No, it's your basic premise that criminal law is created to punish that is dystopian.
The intent of law, criminal or otherwise, is to attempt to ensure that people may go about their business unmolested.

No, your mens rea is wrong.
I am going to shoot a wild rabbit then cut it up & cook it for my meal. A fruitarian might not want to do that, but I think I am free to do so.
If you detain me, I might well have you charged with illegal arrest & detention (kidnap).

Your ideation of holding someone for your own reasons, threatening them with what amounts to psychological torture to make them conform to your will, and ultimately deciding they must die - that's uncomfortably familiar in this context.

You have fans?
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HUFFPOST SUPER USER
Roy Fowler
I try....I really do!
07:54 PM on 08/26/2012
Not sure i every expressed a desire to "hold someone for my own reasons" my friend; i am simply stating that our criminal laws must punish those who choose to break the laws we have, and punish them to a "suitable" level as well as requiring our criminal laws to also protect those of us that live within them. Brady, i my way of expecting the law to work, deserved a death sentence 40 years ago. And i have "fans" because it seems sometimes i do say certain things that others agree with...clearly that does not happen all the time.
concodtob
16 stone athlete and intellectual
02:13 PM on 08/25/2012
Look at the pictures above of Brady and Hindley. You can see the evil in their eyes. These people are without remorse, Conscience, or any kind of empathy. They deserve to be locked away for life and made to suffer the indignity of prison life. It's about punishment with these unredeemables and nothing else.

Brady is a Narcissistic Psychopath and thoroughly enjoyed playing mind games with Winnie Johnson, right up until her death. I honestly don't believe that Brady fears death at all, so keeping him alive, against his will, is justice in my book. The death penalty for some, is an easy release from their righteous punishment. In this regard, i don't support the death penalty but i believe that life should mean "LIFE". This means that if you take a life in cold blood, you should lose your lifetime of freedom.

I sincerely hope that Brady lives for another 10 years or more - because that's something that Brady fears the most. We should appreciate his predicament bondage to a concept that he despises above all - "LIFE"
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HUFFPOST SUPER USER
Ben Wilson
02:00 PM on 08/25/2012
Revenge isn't just wrong in the legal system, it brings the worst out in people. When people start shouting 'bring back the dealth penalty" and things like that don't realise how ugly they sound, there the kind of people who shouldn't be allowed to breed. One thing said in the heat of the moment, another to mean it.
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HUFFPOST SUPER USER
asrobs
80 years experience
01:58 PM on 08/25/2012
felicity a Morse is talking about the law but the people against Brady are talking about justice which is the only thing that really matters --the law is a man made set or rules and is not what the victims need, they need justice.
11:09 AM on 08/25/2012
We cannot legislate for yesterday. Good thing too.
10:27 AM on 08/25/2012
The whole point of the law is for peole to be deterred from breaking the rules set by their peers. If you remove fear of punishment from this equation, the law becomes more and more meaningless. A person may respond wth contempt for the thought of losing a few months of their lives in jail but will respond with fear to the thought of losing their right hand as is done in some countries. I am not advocating this as right or wrong but it does seem that pampering has entered the picture too much in the UK. It is ok to be a "bleeding heart" - right until your house is burgled.
01:06 PM on 08/25/2012
We are not allowed to treat violent criminals violently.

That's how things stand at the moment until Parliament says otherwise. Politicians should consider, at election time in particular, that public opinion is often more fearful than the law.
HUFFPOST SUPER USER
Lord Justice Wolf
09:27 AM on 08/27/2012
Wow mick, what country do u live in? Since when have British politicians been fearful of what the public want?
09:23 AM on 08/25/2012
There's no rehabilitation and treating sickos doesn't work, 15 year life sentences automatically mean parole is an option after 7 years and there are murderers who have been released after this time supposedly no danger to the public. Anger and revenge doesn't come into it. If you have a worthless piece of garbage like the idiot who shot the Indian student in the head "for a laugh" then a sentence should not even be considered, he should be disposed of humanely, no ifs or buts about it, accidental killings would still have the manslaughter charge and lesser sentence but multiple killers, planned murders, the likes of Brady and stupid people like the Indian student killer deserve the ultimate sentence, they'll never become a benefit to society and lose the right to life for taking that right from another.