Bushrangers, the Exercise of Mercy and the ‘Last Penalty of the Law’ in New South Wales and Tasmania 1824-1856

Plater, D; Crofts, P

Bushrangers, the Exercise of Mercy and the ‘Last Penalty of the Law’ in New South Wales and Tasmania 1824-1856

Plater, D Crofts, P

Permalink

Publisher:: University of Tasmania Faculty of Law
Publication Type:: Journal Article
Citation:: The University of Tasmania Law Review, 2013, 32 (2), pp. 295 - 343
Issue Date:: 2013

Closed Access

	Filename	Description	Size
	UTLR2013V032N02_295.pdf	Published Version	3.19 MB	Adobe PDF	View/Open

Copyright Clearance Process

Recently Added
In Progress
Closed Access

This item is closed access and not available.

Full metadata record

Field	Value	Language
dc.contributor.author	Plater, D	en_US
dc.contributor.author	Crofts, P	en_US
dc.date.issued	2013	en_US
dc.identifier.citation	The University of Tasmania Law Review, 2013, 32 (2), pp. 295 - 343	en_US
dc.identifier.issn	0082-2108	en_US
dc.identifier.uri	http://hdl.handle.net/10453/116705
dc.description.abstract	The death penalty in the 19th century in both colonial Australia and Great Britain was widely seen as necessary for punishment and deterrence. However, the prerogative of mercy served a vital role during this period in mitigating the effects of capital punishment. This article examines the exercise of the death penalty and the prerogative of mercy in colonial Australia during the period from 1824 to the grant of responsible government in 1856 with respect to bushrangers. Bushrangers despite their often celebrated and even sympathetic status in 'popular culture' were perceived (in official and 'respectable' circles at least) as more than mere colonial criminals and as posing a particular threat to the often tenuous stability and even existence of early colonial society. However, even offenders 'beyond the pale' such as bushrangers were not exempted from the benefit of mercy. It is argued that the prerogative was taken seriously in colonial Australia by the public, the press and notably the authorities to even the worst of capital offenders such as bushrangers. Different conceptions were expressed during the time, ranging from ideas of mercy as based on desert and equity, as something that was predictable and consistent, to ideas of mercy as an undeserved gift. These debates about the prerogative of mercy articulated different conceptions of law and order, community and justice in an embryonic, self-governing society.	en_US
dc.publisher	University of Tasmania Faculty of Law	en_US
dc.relation.ispartof	The University of Tasmania Law Review	en_US
dc.title	Bushrangers, the Exercise of Mercy and the ‘Last Penalty of the Law’ in New South Wales and Tasmania 1824-1856	en_US
dc.type	Journal Article
utslib.citation.volume	2	en_US
utslib.citation.volume	32	en_US
utslib.for	1801 Law	en_US
pubs.embargo.period	Not known	en_US
pubs.organisational-group	/University of Technology Sydney
pubs.organisational-group	/University of Technology Sydney/Faculty of Law
utslib.copyright.status	closed_access
pubs.declined	2017-09-11T15:09:42.342+1000
pubs.consider-herdc	false	en_US
pubs.deleted	2017-09-11T15:09:42.342+1000
pubs.issue	2	en_US
pubs.publication-status	Published	en_US
pubs.volume	32	en_US

Abstract:

The death penalty in the 19th century in both colonial Australia and Great Britain was widely seen as necessary for punishment and deterrence. However, the prerogative of mercy served a vital role during this period in mitigating the effects of capital punishment. This article examines the exercise of the death penalty and the prerogative of mercy in colonial Australia during the period from 1824 to the grant of responsible government in 1856 with respect to bushrangers. Bushrangers despite their often celebrated and even sympathetic status in 'popular culture' were perceived (in official and 'respectable' circles at least) as more than mere colonial criminals and as posing a particular threat to the often tenuous stability and even existence of early colonial society. However, even offenders 'beyond the pale' such as bushrangers were not exempted from the benefit of mercy. It is argued that the prerogative was taken seriously in colonial Australia by the public, the press and notably the authorities to even the worst of capital offenders such as bushrangers. Different conceptions were expressed during the time, ranging from ideas of mercy as based on desert and equity, as something that was predictable and consistent, to ideas of mercy as an undeserved gift. These debates about the prerogative of mercy articulated different conceptions of law and order, community and justice in an embryonic, self-governing society.

Please use this identifier to cite or link to this item:

http://hdl.handle.net/10453/116705