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Republicans, Martyrology, and the Death Penalty in Britain and Ireland, 1939–1990

Published online by Cambridge University Press:  05 June 2015

Abstract

This article examines the relationship between politically motivated murder, martyrdom, and the death penalty in Britain and Ireland in the period from 1939 to 1990. First, it investigates the nexus between historical experience and memory, political martyrdom, and capital punishment as it applied to Irish Republicans in Britain during the Second World War. Secondly, it examines the use of extraordinary legal powers to impose the death penalty in the Irish state during the “Emergency,” and charts the processes through which the threat of capital punishment continued to be perceived as an essential instrument of security in both Irish jurisdictions in the postwar period. Thirdly, it evaluates the effectiveness of the death penalty in deterring politically motivated murder and explores the anomalous, paradoxical decision to abolish capital punishment at the height of subversive killing in Northern Ireland. The essay concludes that the national security issue and the potential martyrdom of Irish Republicans were pivotal factors in dissuading successive British governments from reintroducing the death penalty for politically motivated offenses in Britain and Northern Ireland.

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Articles
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Copyright © The North American Conference on British Studies 2015 

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References

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38 TNA, CJ-61, J. L. Maffey to Eric Machtig, 1 January 1940.

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43 TNA, CJ-61, Memorandum, no date.

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45 Ibid.

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51 TNA, CAB 65/56/16, 1 February 1940, W. M. (40) 29th Conclusions.

52 Ibid., 11. Reginald Dunn and Joseph O'Sullivan were convicted of the murder and executed on 10 August 1922.

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65 I am much obliged to Angela Jones, Public Record Office of Northern Ireland (PRONI), for this information.

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77 Bishop of Ossory, Patrick Collier, to Eamon De Valera, 27 February 1942, DT S12741, NAI.

78 Thank you to Angela Jones, PRONI, for this information.

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86 See Doyle and O'Donnell, “The Death Penalty in Post-Independence Ireland,” 83–89; Trial of Charles Kerins for Murder of Detective Sergeant O'Brien, DT S13567, NAI.

87 Ibid.

88 Telegram addressed to the Executive Council, Government Buildings, 29 November 1944, DT S13567-1, NAI; Coogan, IRA, 192; Charles Kerins: Sentenced to Death, undated, DT S13567, NAI; [1945] IR 339.

89 For a variety of correspondence on this issue see DT S13567, NAI. See also, Copy of Resolution passed by the Kerry County Council on the 23rd November 1944, DT S13567-1, NAI.

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120 Ibid.

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124 TNA, CJ 43/49, Death Penalty in North Ireland, 3 April 1973.

125 TNA, CJ 4/2497, Capital Punishment, 29 March 1973.

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129 Ibid. Denning also remarked that had the Guilford Four been executed they would have “probably hanged the right men.”

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139 TNA, CJ 4/2497, Ministers Case No 4169: Death Penalty, 21 May 1979; Walker, The Prevention of Terrorism in British Law, 306.

140 TNA, CJ 4/2497, Capital Punishment, 29 March 1973.

141 Although the prospect of martyrdom was not a pivotal factor in the abolition of the death penalty in the Irish Republic, it did feature en passant in the parliamentary debates. See, for instance, Parliamentary Debates, Dail Éireann, vol. 399 (1990), no. 6, col. 1206, 1226; Parliamentary Debates, Seanad Éireann, vol. 96 (1981), no. 3, col. 238–39, 246–47; vol. 399, col. 1226, 1206; vol. 125 (1990), no. 11, col. 1308–9, 1319, 1351; vol. 125 (1990), no. 15, col. 1824.

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