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Another factor in the posthumous defence was that a "confession" recorded by Bentley, which was claimed by the prosecution to be a "verbatim record of dictated monologue", was shown by forensic linguistics methods to have been largely edited by policemen. Linguist Malcolm Coulthard showed that certain patterns, such as the frequency of the word "then" and the grammatical use of "then" after the grammatical subject ("I then" rather than "then I"), were not consistent with Bentley's use of language (his idiolect), as evidenced in court testimony. [17] These patterns fit better the recorded testimony of the policemen involved. This is one of the earliest uses of forensic linguistics on record. Bentley was released from Kingswood school on 28 July 1950, a year early, though he was told that he would remain under the care of Kingswood until 29 September 1954, by which time he was dead. He was a recluse for the rest of 1950, rarely venturing out of the house, breaking his isolation in January 1951.

Bentley had a series of health problems. His parents reported that in a childhood accident he had broken his nose and since then he had three seizure fits, including one in which they said he nearly died of choking. [1] The family also said they were bombed out three times during the Second World War, and in one of these incidents the house in which he lived collapsed around him, but a court did not find any indication that he was physically injured in the incident. However, Bentley was later seen to have epilepsy. [2] :102 Secondly, there was controversy over the existence and meaning of Bentley's alleged instruction to Craig, "let him have it, Chris". Craig and Bentley denied that Bentley had said the words while the police officers testified that he had said them. Further, Bentley's counsel argued that even if he had said the words, it could not be proven that Bentley had intended the words to mean the informal meaning of "shoot him, Chris" instead of the literal meaning of "give him the gun, Chris". Thirdly, there was disagreement over whether Bentley was fit to stand trial in light of his mental capacity. The Principal Medical Officer responsible was Dr Matheson and he referred Bentley to Dr Hill, a psychiatrist at the Maudsley Hospital. Hill's report stated that Bentley was illiterate and of low intelligence, what we would today describe as having learning difficulties. However, Matheson was of the opinion that whilst agreeing that Bentley was of low intelligence, he did not have epilepsy at the time of the alleged offence and he was not a "feeble-minded person" under the Mental Deficiency Acts. Matheson said that he was sane and fit to plead and stand trial. English law at the time did not recognise the concept of diminished responsibility due to retarded development, though it existed in Scottish law (it was introduced to England by the Homicide Act 1957). Criminal insanity– where the accused is unable to distinguish right from wrong– was then the only medical defence to murder. Bentley, while he had a severe debilitation, was not insane. Bentley was originally scheduled to be hanged on 30 December 1952 but this was postponed to allow for an appeal. Bentley's lawyers filed appeals highlighting the ambiguities of the ballistic evidence, Bentley's mental age and the fact that he did not fire the fatal shot. Bentley's appeal was heard on 13 January 1953 and was unsuccessful.

The Derek Bentley case - Key takeaways

Bentley was examined twice by EEG: a reading on 16 November 1949 [1] indicated he was an epileptic and a reading on 9 February 1950 was "abnormal". Both were taken at the Burden Neurological Institute in Bristol. [4] Release from Kingswood [ edit ] In the 2013 novel The Late Scholar by Jill Paton Walsh, the character Peter Wimsey notes that the Bentley case has reduced the support for capital punishment.

Maxwell Fyfe, in the words of the letter sent out, failed to discover any sufficient ground to justify him in advising Her Majesty to interfere in the due course of the law. When Yallop telephoned Haler the day after the initial interview, he reportedly confirmed his estimate of the bullet size. Shortly before the publication of Yallop's book, Haler was provided with a transcript of the interview, and Yallop says Haler again confirmed as accurate. After the subsequent broadcast of the BBC Play for Today adaptation of To Encourage the Others, directed by Alan Clarke and starring Charles Bolton, Haler sought to deny that he had given any specific estimate of the size of the bullet that killed Miles beyond being "of large calibre". The .32 ACP bullet is not considered to be of large calibre. The case appeared to be a relatively simple one for the prosecution. However, as the trial progressed before Lord Chief Justice Lord Goddard at the Old Bailey, the prosecution case appeared far less certain. The police seemed unsure how many shots were fired and by whom. A ballistics expert failed to positively identify Craig's gun as the weapon that fired the bullet that killed PC Miles. Also what was meant by Bentley's phrase "Let him have it Chris"? Did he mean that Craig was to give the gun to the officer and surrender? Did he mean that Craig was to shot the officer? R.M. Coulthard (2000): "Whose text is it? On the linguistic investigation of authorship", in S. Sarangi and R.M. Coulthard: Discourse and Social Life, London, Longman, pp. 270–287This section needs additional citations for verification. Please help improve this article by adding citations to reliable sourcesin this section. Unsourced material may be challenged and removed. It is too striking a coincidence that Bentley, a 19-year-old of very limited intelligence, should use precisely the same words," Mr Fitzgerald said. The jury took just 75 minutes to find both Craig and Bentley guilty of PC Miles' murder. Due to his being below 18 at the time of the offence, Craig was sentenced to be detained at Her Majesty's Pleasure. Bentley was sentenced to death. Bentley's sister Iris mounted a lifelong campaign to quash Bentley's conviction after he was executed at Wandsworth Prison in January 1953.

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